[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2293 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2293
To establish procedures related to the coronavirus disease 2019 (COVID-
19) in correctional facilities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 1, 2021
Ms. Barragan (for herself, Mr. Cardenas, and Mrs. Hayes) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish procedures related to the coronavirus disease 2019 (COVID-
19) in correctional facilities.
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 ``Federal Correctional Facilities
COVID-19 Response Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Correctional facility.--The term ``correctional
facility'' includes--
(A) Federal prisons, including all prison,
correctional, and detention facilities run by the
Bureau of Prisons; and
(B) privately owned or privately operated prison,
correctional, and detention facilities contracted by
Federal entities, including the Bureau of Prisons, to
house Federal incarcerated persons.
(2) Correctional facility employee.--The term
``correctional facility employee'' means any individual
employed at a correctional facility housing Federal
incarcerated persons, including--
(A) a Federal employee;
(B) an employee of a privately owned or privately
operated prison, correctional, or detention facility
contracted by a Federal entity to house Federal
incarcerated persons; and
(C) an employee of a private company contracted to
provide goods and services at a correctional facility.
(3) COVID-19 diagnostic test.--The term ``COVID-19
diagnostic test'' mean a test--
(A) that is an in vitro diagnostic product (as
defined in section 809.3 of title 21, Code of Federal
Regulations, or any successor thereto) for the
detection of SARS-CoV-2 or the diagnosis of the virus
that causes COVID-19; and
(B) the administration of which--
(i) is approved, cleared, or authorized
under section 510(k), 513, 515, or 564 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360(k), 360c, 360e, 360bbb-3);
(ii) the developer has requested, or
intends to request, emergency use authorization
under section 564 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360bbb-3), unless
and until the emergency use authorization
request under such section 564 has been denied
or the developer of such test does not submit a
request under such section within a reasonable
timeframe;
(iii) is developed in and authorized by a
State that has notified the Secretary of Health
and Human Services of its intention to review
tests intended to diagnose COVID-19; or
(iv) is another test that the Secretary
determines appropriate in guidance.
(4) COVID-19 pandemic.--The term ``COVID-19 pandemic''
means the period beginning on the date of enactment of this Act
and ending on the date that is 1 year after the date on which
the public health emergency declaration under section 319 of
the Public Health Service Act (42 U.S.C. 247d) with respect to
COVID-19 terminates.
(5) High risk incarcerated person.--The term ``high risk
incarcerated person'' means an individual who meets the
definition of ``incarcerated person'' under this section who--
(A) is 50 years old or older;
(B) has chronic kidney disease;
(C) has chronic obstructive pulmonary disease;
(D) is immunocompromised;
(E) has obesity;
(F) has a heart condition, such as coronary artery
disease or cardiomyopathy;
(G) has sickle cell disease;
(H) has type 1 or type 2 diabetes mellitus;
(I) has moderate to severe asthma;
(J) has cerebrovascular disease;
(K) has cystic fibrosis;
(L) has hypertension or high blood pressure;
(M) has a neurological condition such as dementia
or Parkinson's Disease;
(N) has liver disease;
(O) is pregnant;
(P) has pulmonary fibrosis;
(Q) has thalassemia;
(R) is a smoker;
(S) has a disability; or
(T) meets any other characteristic identified by
the Centers for Disease Control and Prevention as
putting individuals at increased risk of developing
severe illness from COVID-19.
(6) Incarcerated person.--The term ``incarcerated person''
means an individual involuntarily confined or detained in a
correctional facility.
(7) Signs and symptoms of covid-19.--The term ``signs and
symptoms of COVID-19'' means fever or chills, cough, shortness
of breath or difficulty breathing, fatigue, muscle or body
aches, headache, new loss of taste or smell, sore throat,
congestion or runny nose, nausea or vomiting, diarrhea, and any
other medical condition or reaction identified by the Centers
for Disease Control and Prevention as being a physical reaction
to the contraction of the severe acute respiratory syndrome
coronavirus 2 (SARS-CoV-2).
SEC. 3. MANDATED COVID-19 TESTING AND VACCINATION AT CORRECTIONAL
FACILITIES.
(a) Testing of Incarcerated Persons.--
(1) In general.--Each correctional facility shall--
(A) not later than 15 days after the date of
enactment of this Act--
(i) provide each incarcerated person in the
facility with the option to take a COVID-19
diagnostic test, regardless of whether the
incarcerated person exhibits symptoms of COVID-
19, at no cost to the incarcerated person;
(ii) provide each incarcerated person with
the results of the diagnostic test, regardless
of the results, including an interpretation of
what the test results mean in the incarcerated
person's preferred language;
(iii) provide each incarcerated person who
tests positive for COVID-19 with necessary
medical care (as outlined in the National
Institutes of Health COVID-19 Treatment
Guidelines), including COVID-19 tests to
monitor recovery if indicated by the Centers
for Disease Control and Prevention, and housing
in a medical isolation unit under the care of
medical professionals, at no cost to the
incarcerated person;
(iv) place each asymptomatic incarcerated
person who is exposed to a positive case in
quarantine until testing is completed
consistent with Centers for Disease Control and
Prevention guidance; and
(v) place each symptomatic incarcerated
person into medical isolation while awaiting
test results; and
(B) during the period beginning not later than 45
days after the date of enactment of this Act and ending
on the last day of the COVID-19 pandemic--
(i) conduct weekly COVID-19 diagnostic
testing of incarcerated persons in the facility
in accordance with the guidelines developed
under section 6, regardless of whether such
incarcerated persons exhibit symptoms of COVID-
19, at no cost to incarcerated persons;
(ii) conduct COVID-19 diagnostic testing
for any incarcerated person with COVID-19
symptoms, or for any incarcerated person who is
a close contact of a known COVID-19 case, in
accordance with the guidelines developed under
section 6;
(iii) provide each incarcerated person with
the results of the diagnostic tests, regardless
of the results, including an interpretation of
what the test results mean in the incarcerated
person's preferred language;
(iv) provide each incarcerated person who
tests positive for COVID-19 with necessary
medical care (as outlined in the National
Institutes of Health COVID-19 Treatment
Guidelines), including COVID-19 tests to
monitor recovery if indicated by the Centers
for Disease Control and Prevention, and housing
in a medical isolation unit under the care of
medical professionals, at no cost to the
incarcerated person, in accordance with the
guidelines developed under section 6;
(v) quarantine each incarcerated person
exposed to a positive COVID-19 case in
accordance with the guidelines developed under
section 6; and
(vi) establish a procedure through which
incarcerated people can opt out of COVID-19
testing, in accordance with the guidelines
developed under section 6.
(2) New entrants.--During the period beginning not later
than 45 days after the date of enactment of this Act and ending
on the last day of the COVID-19 pandemic, each correctional
facility shall--
(A) provide each incarcerated person newly admitted
or transferred to the facility with an optional COVID-
19 diagnostic test within 24 hours of entering the
facility, regardless of whether the incarcerated person
exhibits symptoms of COVID-19, at no cost to the
incarcerated person; and
(B) immediately quarantine each incarcerated person
newly admitted or transferred to the facility within 24
hours of entering the facility, consistent with Centers
for Disease Control and Prevention guidance, until the
incarcerated person has been confirmed to be negative
for COVID-19, in accordance with the guidelines
developed under section 6.
(b) Testing of Correctional Facility Employees.--
(1) In general.--Each correctional facility shall--
(A) not later than 15 days after the date of
enactment of this Act--
(i) provide each correctional facility
employee with a required COVID-19 diagnostic
test, regardless of whether the employee
exhibits symptoms of COVID-19, at no cost to
the employee; and
(ii) provide each correctional facility
employee who tests positive for COVID-19 with
unlimited paid administrative leave for the
purpose of recovering from COVID-19, and no
cost COVID-19 diagnostic testing for the
purpose of monitoring recovery if indicated by
the Centers for Disease Control and Prevention,
until the employee tests negative for COVID-19;
and
(B) during the period beginning not later than 45
days after the date of enactment of this Act and ending
on the last day of the COVID-19 pandemic--
(i) conduct required weekly COVID-19
diagnostic testing of each correctional
facility employee in the facility, in
accordance with the guidelines developed under
section 6, regardless of whether the employee
exhibits symptoms of COVID-19, at no cost to
the employee;
(ii) provide each correctional facility
employee who tests positive for COVID-19 with
unlimited paid leave for the purpose of
recovering from COVID-19, and no cost COVID-19
diagnostic testing for the purpose of
monitoring recovery if indicated by the Centers
for Disease Control and Prevention, until the
employee tests negative for COVID-19; and
(iii) provide each correctional facility
employee who is exposed to a positive COVID-19
case with guaranteed paid leave to quarantine,
consistent with Centers for Disease Control and
Prevention guidance, or until the employee has
been confirmed to be negative for COVID-19.
(c) Vaccination of Incarcerated Persons.--Each correctional
facility shall--
(1) not later than 45 days after the date of enactment of
this Act--
(A) begin providing each incarcerated person in the
facility with the option to take a COVID-19 vaccine;
and
(B) begin providing each incarcerated person in the
facility with information, offered in the incarcerated
persons' preferred language, on the type of COVID-19
vaccine offered, possible side effects of the COVID-19
vaccine, and educational materials on the benefits of
COVID-19 and other vaccinations.
(d) Vaccination of Correctional Facility Employees.--Each
correctional facility shall--
(1) not later than 45 days after the date of enactment of
this Act--
(A) begin providing each correctional facility
employee with the option to take a COVID-19 vaccine;
and
(B) begin providing each correctional facility
employee with information on the type of COVID-19
vaccine offered, possible side effects of the COVID-19
vaccine, and educational materials on the benefits of
COVID-19 and other vaccinations.
(e) Privacy.--Any data collected, stored, received, or published
under this section shall--
(1) be so collected, stored, received, or published in a
manner that protects the privacy of individuals whose
information is included in the data;
(2) be de-identified or anonymized in a manner that
protects the identity of all individuals whose information is
included in the data;
(3) comply with privacy protections provided under the
regulations promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C.
1320d-2 note); and
(4) be limited in use for the purpose of public health and
be protected from all other internal use by any entity that
collects, stores, or receives the data, including use of the
data in determinations of eligibility (or continued
eligibility) in health plans, and from any other inappropriate
uses.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to relevant medical and public officials such sums as are
necessary to procure and administer the COVID-19 diagnostic tests and
provide the medical care required in this section.
SEC. 4. COVID-19 DATA COLLECTION AT CORRECTIONAL FACILITIES.
(a) Data Collection.--During the period beginning not later than 45
days after the date of enactment of this Act and ending on the last day
of the COVID-19 pandemic, each correctional facility shall submit
weekly reports to the Department of Justice, the Centers for Disease
Control and Prevention, and the public health authority of the State in
which the facility is located on the following:
(1) Testing numbers.--COVID-19 diagnostic testing,
including cumulative and new (since the previous report) counts
of--
(A) the number of incarcerated persons tested for
COVID-19, disaggregated by routine weekly testing,
symptomatic testing, close contact testing, recovery
monitoring testing, and new entrant testing;
(B) the number of correctional facility employees
tested for COVID-19, disaggregated by routine weekly
testing, symptomatic testing, close contact testing,
and recovery monitoring testing; and
(C) the COVID-19 diagnostic test developer, test
name, and type of test (molecular, antigen, or other)
for each COVID-19 diagnostic test conducted.
(2) Test results.--COVID-19 diagnostic testing outcomes,
including cumulative and new (since the previous report) counts
of--
(A) the number of confirmed active cases of COVID-
19 among incarcerated persons, disaggregated by routine
weekly testing, symptomatic testing, close contact
testing, recovery monitoring testing, and new entrant
testing;
(B) the number of confirmed negative cases of
COVID-19 among incarcerated persons, disaggregated by
routine weekly testing, symptomatic testing, close
contact testing, recovery monitoring testing, and new
entrant testing;
(C) the number of confirmed active cases of COVID-
19 among correctional facility employees, disaggregated
by routine weekly testing, symptomatic testing, close
contact testing, and recovery monitoring testing;
(D) the number of confirmed negative cases of
COVID-19 among correctional facility employees,
disaggregated by routine weekly testing, symptomatic
testing, close contact testing, and recovery monitoring
testing;
(E) the number of tests pending results,
disaggregated by incarcerated persons and correctional
facility employees;
(F) the average time between testing an
incarcerated person for COVID-19 and receiving the
results of the test; and
(G) the average time between testing a correctional
facility employee for COVID-19 and receiving the
results of the test.
(3) Case outcomes.--COVID-19 case outcomes, including
cumulative and new (since the previous report) counts of--
(A) the number of incarcerated persons hospitalized
for a case of COVID-19;
(B) the number of incarcerated persons who have
recovered from COVID-19;
(C) the number of incarcerated persons currently in
quarantine or medical isolation for COVID-19,
respectively;
(D) the number of incarcerated persons who have
completed quarantine or been released from medical
isolation, respectively;
(E) the number of incarcerated persons who have
died from a confirmed or suspected case of COVID-19;
(F) the number of correctional facility employees
hospitalized for a case of COVID-19;
(G) the number of correctional facility employees
who have recovered from COVID-19; and
(H) the number of correctional facility employees
who have died from a case of COVID-19.
(4) Release of incarcerated persons.--Data related to the
release of incarcerated persons, including individuals released
to home confinement and pursuant to compassionate release, as a
result of the COVID-19 public health emergency.
(5) Daily population.--Average daily population,
disaggregated by incarcerated persons and correctional facility
employees.
(6) Vaccinations.--Data related to distribution of the
COVID-19 vaccine, including--
(A) the policies of the facility relating to the
distribution of the COVID-19 vaccination to
incarcerated persons and correctional facility staff,
including how the facility is prioritizing
distribution, both among correctional facility staff
and incarcerated persons, and any changes or updates
made to the policies;
(B) the total number of COVID-19 vaccine doses that
the facility has received up to the date of the report;
(C) the total number and percentage of incarcerated
persons who--
(i) have been offered a COVID-19 vaccine;
(ii) have received a first dose of the
COVID-19 vaccine up to the date of the report;
(iii) are fully vaccinated, either because
the person received a second dose of the COVID-
19 vaccine or because the COVID-19 vaccine the
person received required only 1 dose;
(iv) declined the COVID-19 vaccine; and
(v) are housed in a skilled nursing level
housing unit or hospice and have--
(I) not received the COVID-19
vaccine;
(II) accepted the COVID-19 vaccine;
and
(III) declined the COVID-19
vaccine;
(D) the total number and percentage of correctional
facility staff who--
(i) have been offered a COVID-19 vaccine;
(ii) have received a first dose of the
COVID-19 vaccine in up to the date of the
report;
(iii) are fully vaccinated, either because
the person received a second dose of the COVID-
19 vaccine or because the COVID-19 vaccine the
person received required only 1 dose; and
(iv) declined the COVID-19 vaccine; and
(E) in the case of incarcerated persons and
correctional facility staff described in subparagraph
(C)(iv) or (D)(iv), respectively, the 3 most common
reasons given for declining the COVID-19 vaccine.
(b) Disaggregation of Data.--The data described in this section
shall be disaggregated by sex, sexual orientation, gender identity,
age, race, ethnicity, disability, and geography (including county and
State).
(c) Public Reporting.--The Secretary of Health and Human Services,
acting through the Director of the Centers for Disease Control and
Prevention, shall make publicly available on the internet the most
recent and historic information reported weekly under subsection (a) in
a machine-readable format.
(d) COVID-19 Symptom Tracking and Medical Record Retention.--During
the period beginning not later than 45 days after the date of enactment
of this Act and ending on the last day of the COVID-19 pandemic, each
correctional facility shall systemically track and record the signs and
symptoms of COVID-19 among incarcerated persons and correctional center
employees. As part of the tracking system, correctional facilities
shall--
(1) document and retain a record of each request from
incarcerated persons for medical care, including medical care
for the signs and symptoms of COVID-19;
(2) conduct weekly screenings, in conjunction with the
testing requirements described in section 3, of incarcerated
persons for signs and symptoms of COVID-19 and maintain records
of the results of such screenings for each incarcerated person;
and
(3) present for review, as requested at any time by the
Secretary of Health and Human Services or the Attorney General,
records collected under paragraphs (1) and (2).
(e) Incarcerated Persons Data.--The data described in this section
with respect to incarcerated persons who are serving a term of
imprisonment and who are infected with COVID-19 shall include, to the
extent practicable, the term of imprisonment imposed on the
incarcerated persons, the time served, and the release date.
(f) Privacy.--Any data collected, stored, received, or published
under this section shall--
(1) be so collected, stored, received, or published in a
manner that protects the privacy of individuals whose
information is included in the data;
(2) be de-identified or anonymized in a manner that
protects the identity of all individuals whose information is
included in the data;
(3) comply with privacy protections provided under the
regulations promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C.
1320d-2 note); and
(4) be limited in use for the purpose of public health and
be protected from all other internal use by any entity that
collects, stores, or receives the data, including use of such
data in determinations of eligibility (or continued
eligibility) in health plans, and from any other inappropriate
uses.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Centers for Disease Control and Prevention such
sums as are necessary to publicize the data as described in this
section.
SEC. 5. CENTERS FOR DISEASE CONTROL AND INVESTIGATION DEPLOYMENT.
(a) In General.--Correctional facilities shall report to the
Centers for Disease Control and Prevention instances when 3 or more
incarcerated persons or correctional facility employees present new
COVID-19 cases within 72 hours of each other, within 24 hours of
identifying the third case.
(b) Deployment of Staff.--In such instances, the Centers for
Disease Control and Prevention shall deploy staff with experience in
preventing the spread of infectious diseases in congregate settings to
the facility for the purpose of mitigating and preventing the spread of
COVID-19 at the facility.
SEC. 6. UPDATED BUREAU OF PRISONS GUIDELINES ON HANDLING COVID-19 IN
CORRECTIONAL FACILITIES.
(a) Updated COVID-19 Guidelines.--Not later than 30 days after the
date of enactment of this Act, the Department of Justice, acting
through the Bureau of Prisons and in consultation with the Centers for
Disease Control and Prevention, shall release updated guidelines on the
management of COVID-19 in correctional facilities.
(b) Expert Consultation.--
(1) In general.--In developing the guidelines described in
subsection (a), the Department of Justice shall consult with no
fewer than 10 experts in public health and correctional
facility management, which shall include--
(A) academics with medical and public health
expertise;
(B) advocates for imprisoned populations;
(C) public health officials;
(D) tribal leaders or their representatives; and
(E) labor representatives of correctional facility
employees.
(2) Publicly available.--Recommendations from and
correspondence with individuals described in paragraph (1)
shall be made publicly available.
(c) Contents.--The guidelines described in subsection (a) shall, at
a minimum, include--
(1) requirements that correctional facilities conduct
voluntary COVID-19 diagnostic tests on, and quarantine
consistent with Centers for Disease Control and Prevention
guidance all new incarcerated persons who enter the facility
during the COVID-19 pandemic, including incarcerated persons
being held at the facility while in transit between other
facilities;
(2) guidance on how facilities should conduct weekly
testing of incarcerated persons and correctional facility
employees, including guidance on how to conduct pooled sample
testing in lieu of individual testing, if appropriate, and
guidance on how to identify the appropriate type of diagnostic
test to use, consistent with the most up-to-date public health
information and guidance on preventing the spread of COVID-19;
(3) guidance on how correctional facilities should handle
incarcerated persons who refuse to receive COVID-19 tests, such
as through implementing time-based or symptom-based isolation
and quarantine strategies;
(4) requirements that correctional facilities, once a
single case of COVID-19 is detected within the facility, screen
every incarcerated person and correctional facility employee
for signs and symptoms of COVID-19 within 24 hours;
(5) guidance for correctional facilities on maximum
occupational capacity, social distancing best practices, and
how to reduce the incarcerated person population within the
facility, including updated guidance on the proactive release
of incarcerated persons, with special consideration given to
high-risk incarcerated persons;
(6) guidance for correctional facilities on how to
establish and implement cohorting strategies to minimize the
spread of COVID-19 in facilities, with special consideration
given to the cohorting of high-risk incarcerated persons;
(7) guidance for correctional facilities on how to
establish and implement contact tracing efforts to identify,
track, and prevent the spread of COVID-19 among the contacts of
incarcerated persons and correctional facility employees who
test positive for COVID-19;
(8) guidance for correctional facilities on how to--
(A) humanely and effectively quarantine
incarcerated persons exposed to COVID-19 and humanely
and effectively medically isolate and provide medical
care to incarcerated persons who contract COVID-19,
including a prohibition on the use of punitive solitary
confinement and other punitive measures as a means of
treating and medically isolating incarcerated persons,
with special consideration given to the quarantining
and medical isolation and treatment of high-risk
incarcerated persons;
(B) authorize the provision of materials, such as
books, television shows, magazines, and movies to,
increase recreation hours for, and expand programming
and phone and email communication privileges for
incarcerated persons in medical isolation to minimize
the similarity of punitive solitary confinement and
other punitive measures with medical quarantine; and
(C) confirm that incarcerated persons and
correctional facility employees who have contracted
COVID-19 have recovered for the purpose of releasing
them from medical isolation;
(9) guidance for correctional facilities on the proper
cleaning and disinfecting of the facility to prevent the spread
of COVID-19;
(10) guidance for correctional facilities on proper
ventilation and air filtration strategies to prevent the spread
of COVID-19;
(11) guidance on the proper daily, weekly, and monthly
allowance for incarcerated persons of personal protective
equipment and face coverings, hand sanitizer, soap, cleaning
items, and other materials that could reduce the spread of
COVID-19 in facilities, which shall be provided to incarcerated
persons at no cost, including information on how to update
existing guidelines within facilities on the limitation of
incarcerated persons' access to such materials;
(12) guidance for correctional facilities on how to educate
incarcerated persons, and the medical facilities treating those
incarcerated persons for COVID-19, on the healthcare rights of
the incarcerated persons under Federal and State law and the
minimum ethical standards of care, including the use of medical
isolation that does not include solitary confinement;
(13) recommendations for correctional facilities on how to
increase communication between incarcerated persons and friends
and family outside of the facility during the COVID-19
pandemic, including guidance on how to suspend fees for phone
calls and electronic communications and expand visitation
(including virtual visitation) options;
(14) requirements that correctional facilities communicate,
not less frequently than biweekly, and in such a manner that
permits for feedback from incarcerated persons, to incarcerated
persons the steps being taken to address the COVID-19 pandemic
in the facility;
(15) guidance for correctional facilities on how to connect
incarcerated persons released from confinement as a result of
the COVID-19 pandemic with post-release resources, such as
health insurance, primary care providers, other health
professionals, and quarantine facilities, with sensitivity to
the immigration status of incarcerated persons; and
(16) guidance for correctional facilities on how to
equitably distribute COVID-19 vaccinations to incarcerated
persons and correctional facility staff, with the goal of
maximizing COVID-19 safety within correctional facilities and
reducing health disparities among correctional facility
populations.
SEC. 7. REPORT TO CONGRESS.
Not later than 60 days after the date of enactment of this Act, the
Attorney General shall submit to Congress a report on prevention,
mitigation, and control activities relating to the spread of COVID-19
in prisons conducted by the Department of Justice and the Bureau of
Prisons, disaggregated by facility when applicable, that includes
information on--
(1) efforts of correctional facilities to comply with the
Interim Guidance on Management of Coronavirus Disease 2019
(COVID-19) in Correctional and Detention Facilities issued by
the Centers for Disease Control and Prevention (referred to in
this section as the ``Interim Guidelines''), including--
(A) information on steps that have been and
continue to be taken with respect to operational
preparedness, including--
(i) with respect to communication and
coordination--
(I) developing information sharing
systems with partners;
(II) reviewing and revising for
COVID-19 existing influenza, all-
hazards, and disaster plans;
(III) coordinating with local law
enforcement and court officials as
necessary; and
(IV) encouraging all persons in the
facility, including through posting
signs, to take action to protect
themselves from COVID-19;
(ii) with respect to personnel practices--
(I) reviewing sick leave policies
of each employer that operates within
the facility;
(II) identifying duties that can be
performed remotely;
(III) planning for staff absences;
(IV) offering revised duties to
staff at increased risk for severe
illness from COVID-19;
(V) making plans to change staff
duty assignments to prevent unnecessary
movement between housing units during a
COVID-19 outbreak;
(VI) offering the seasonal
influenza vaccines to all incarcerated
persons and correctional facility
staff; and
(VII) offering and administering
COVID-19 vaccines to all incarcerated
persons and correctional facility
staff; and
(iii) with respect to operations, supplies,
and personal protective equipment (referred to
in this clause as ``PPE'') preparations--
(I) ensuring that sufficient stocks
of hygiene supplies, cleaning supplies,
PPE, and medical supplies (consistent
with the healthcare capabilities of the
facility) are on hand and available,
and having a plan in place to restock
as needed;
(II) making contingency plans for
possible PPE shortages during the
COVID-19 pandemic;
(III) relaxing restrictions on
allowing alcohol-based hand sanitizer;
(IV) providing a no-cost supply of
soap to incarcerated persons sufficient
to allow frequent hand washing;
(V) establishing a respiratory
protection program, if not already in
place;
(VI) ensuring that correctional
facility staff and incarcerated persons
are trained to correctly don, doff, and
dispose of PPE that they will need to
use within the scope of their
responsibilities; and
(VII) setting up designated PPE
donning and doffing areas outside all
spaces where PPE will be used;
(B) information on steps that have been and
continue to be taken with respect to prevention,
including--
(i) to prevent COVID-19 cases among
incarcerated persons--
(I) implementing social distancing
strategies to increase the physical
space between incarcerated persons,
which, to the extent practicable, shall
be 6 feet between all individuals,
regardless of symptoms;
(II) minimizing the mixing of
individuals from different housing
units; and
(III) providing up-to-date
information about COVID-19 to
incarcerated persons;
(ii) to prevent COVID-19 cases among
correctional facility staff--
(I) reminding staff to stay at home
if they are sick;
(II) performing verbal screening
and temperature checks for all staff
daily upon entry; and
(III) providing up-to-date
information about COVID-19 to staff,
including information about sick leave
policies; and
(iii) to prevent COVID-19 cases among
visitors--
(I) communicating with potential
visitors to discourage contact visits;
(II) conducting verbal screenings
and temperature checks for visitors,
and requiring face coverings; and
(III) promoting non-contact visits
and providing access to free virtual
visitation options;
(C) information on steps that have been and
continue to be taken with respect to COVID-19 case
management, including--
(i) with respect to infection control,
ensuring proper infection control protocols are
in place;
(ii) with respect to medical isolation--
(I) placing incarcerated
individuals with confirmed or suspected
cases of COVID-19 in medical isolation;
(II) ensuring that medical
isolation for COVID-19 is distinct from
punitive solitary confinement;
(III) keeping to an absolute
minimum the movement outside the
medical isolation space of incarcerated
individuals with confirmed or suspected
cases of COVID-19; and
(IV) safely cohorting, if
necessary, COVID-19-infected
incarcerated individuals; and
(iii) with respect to provision of care--
(I) ensuring that incarcerated
persons receive medical evaluation and
treatment at the first signs of COVID-
19 symptoms, including in cases where a
facility is not able to provide such
evaluation and treatment onsite;
(II) providing incarcerated
individuals with onsite healthcare; and
(III) providing incarcerated
individuals with healthcare services in
the community, as necessary; and
(D) all other aspects of the Interim Guidance;
(2) the process for determining which incarcerated persons
qualify for home confinement, including listing every factor
that is taken into consideration, and how the factors are
weighed to determine qualification, including--
(A) how many incarcerated persons have been
reviewed for home confinement;
(B) how many incarcerated persons have qualified
for and have been moved into home confinement, and the
average length of time between review, approval, and
transfer;
(C) how the prior convictions of an incarcerated
person are used to determine who qualifies for home
confinement, including whether certain convictions are
weighed more heavily than others, and whether a prior
conviction regardless of severity automatically bars an
incarcerated person from qualifying for home
confinement; and
(D) demographic data of the incarcerated persons
who are considered for home confinement and of the
incarcerated persons who are ultimately chosen for home
confinement, disaggregated by age, race, gender,
ethnicity, level of offense, how much time remains on
their sentence, and whether the individual is high risk
for COVID-19;
(3) the process for determining which incarcerated persons
qualify for compassionate release, including listing every
factor that is taken into consideration, and how the factors
are weighed to determine qualification, including--
(A) how many incarcerated persons have been
reviewed for compassionate release;
(B) how many incarcerated persons have qualified
for compassionate release, disaggregated by
compassionate releases approved by the Bureau of
Prisons and compassionate releases granted by courts,
and the average length of time between review,
approval, and release;
(C) how the prior convictions of an incarcerated
person are used to determine who qualifies for
compassionate release, including whether certain
convictions are weighed more heavily than others, and
whether a prior conviction regardless of severity
automatically bars an incarcerated person from
qualifying for compassionate release; and
(D) demographic data of the incarcerated persons
who are considered for compassionate release and of the
incarcerated persons who are ultimately chosen for
compassionate release, disaggregated by age, race,
gender, ethnicity, level of offense, and how much time
remains on their sentence;
(4) the process of providing information to families and
emergency contacts of incarcerated persons who have tested
positive for COVID-19, including how long it takes on average
for families and emergency contacts to be notified after
initial diagnosis, and how often facilities follow up with
families and emergency contacts to update them on the health
condition of the incarcerated person;
(5) resource limitations, if any, that have inhibited the
ability of the Department of Justice and Bureau of Prisons to
fully implement the Centers for Disease Control and
Prevention's Interim Guidelines; and
(6) what actions are being taken to modernize the
electronic health records systems of the Bureau of Prisons.
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