Sec. 191107. COVID–19 Correctional Facility Emergency Response Act of 2020
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Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq.) is amended by adding at the end the following: The purpose of the grant program under section 3062 is to provide for the testing, initiation and transfer to treatment in the community, and provision of services in the community, by States and units of local government as they relate to preventing, detecting, and stopping the spread of COVID–19 in correctional facilities. Congress finds as follows:
With the dramatic growth in pretrial detention resulting in county and city correctional facilities regularly exceeding capacity, such correctional facilities may serve to rapidly increase the spread of COVID–19, as facilities that hold large numbers of individuals in congregant living situations may promote the spread of COVID–19. While individuals arrested and processed at local correctional facilities may only be held for hours or days, exposure to large number of individuals in holding cells and courtrooms promotes the spread of COVID–19.
Pretrial detainees and individuals in correctional facilities are then later released into the community having being exposed to COVID–19. The purpose of the grant program under section 3065 is to substantially increase the use of risk-based citation release for all individuals who do not present a public safety risk. The Attorney General shall carry out a grant program to make grants to States and units of local government that operate correctional facilities, to establish and implement policies and procedures to prevent, detect, and stop the presence and spread of COVID–19 among arrestees, detainees, inmates, correctional facility staff, and visitors to the facilities.
Eligible applicants under this section are States and units of local government that release or have a plan to release the persons described in paragraph
(2)from custody in order to ensure that, not later than 90 days after enactment of this section, the total population of arrestees, detainees, and inmates at a correctional facility does not exceed the number established under subsection (c). A person described in this paragraph is a person who— does not pose a risk of serious, imminent injury to a reasonably identifiable person; or is— 50 years of age or older; a juvenile; an individual with serious chronic medical conditions, including heart disease, cancer, diabetes, HIV, sickle cell anemia, a neurological disease that interferes with the ability to cough or breathe, chronic lung disease, asthma, or respiratory illness; a pregnant woman; an individual who is immunocompromised or has a weakened immune system; or an individual who has a health condition or disability that makes them vulnerable to COVID–19. An eligible applicant shall establish individualized, facility-specific target capacities at each correction facility that will receive funds under this section that reflect the maximum number of individuals who may be incarcerated safely in accordance with the Centers for Disease Control and Prevention guidelines for correctional facilities pertaining to COVID–19, with consideration given to Centers for Disease Control and Prevention guidelines pertaining to community-based physical distancing, hygiene, and sanitation. A correctional facility receiving funds under this section may not use isolation in a punitive or non-medical manner as a way of achieving specific target capacities established under this paragraph. An eligible applicant shall include in its application for a grant under this section a certification by a public health professional who is certified in epidemiology or infectious diseases that each correctional facility that will receive funds under this section in its jurisdiction meets the appropriate target capacity standard established under paragraph (1). Funds awarded pursuant to this section shall be used by grantees (including acting through nonprofit entities) to— test all arrestees, detainees, and inmates, and initiate treatment for COVID–19, and transfer such an individual for an appropriate treatment at external medical facility, as needed; test for COVID–19— correctional facility staff; volunteers; visitors, including family members and attorneys; court personnel that have regular contact with arrestees, detainees, and inmates; law enforcement officers who transport arrestees, detainees, and inmates; and personnel outside the correctional facility who provide medical treatment to arrestees, detainees, and inmates; curtail booking and in-facility processing for individuals who have committed technical parole or probation violations; and provide transition and reentry support services to individuals released pursuant to this section, including programs that— increase access to and participation in reentry services; promote a reduction in recidivism rates; facilitate engagement in educational programs, job training, or employment; place reentering individuals in safe and sanitary temporary transitional housing; facilitate the enrollment of reentering individuals with a history of substance use disorder in medication-assisted treatment and a referral to overdose prevention services, mental health services, or other medical services; and facilitate family reunification or support services, as needed. There is authorized to be appropriated $500,000,000 to carry out this section and section 3065 for each of fiscal years 2020 and 2021. The Attorney General, acting through the Administrator of the Office Juvenile Justice and Delinquency Prevention, consistent with section 261 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11171 ), is authorized to make grants to States and units of local government or combinations thereof to assist them in planning, establishing, operating, coordinating, and evaluating projects directly, or through grants and contracts with public and private agencies and nonprofit entities (as such term is defined under section 408(5)(A) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11296(5)(A) )), for the development of more effective education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile delinquency and programs to improve the juvenile justice system, consistent with subsection (b). Grants under this section shall be used for the exclusive purpose of providing juvenile specific services that— provide rapid mass testing for COVID–19 in juvenile facilities, notification of the results of such tests to juveniles and authorized family members or legal guardians, and include policies and procedures for non-punitive quarantine that does not involve solitary confinement, and provide for examination by a doctor for any juvenile who tests positive for COVID–19; examine all pre- and post-adjudication release processes and mechanisms applicable to juveniles and begin employing these as quickly as possible; provide juveniles in out of home placements with continued access to appropriate education; provide juveniles with access to legal counsel through confidential visits or teleconferencing; provide staff and juveniles with appropriate personal protective equipment, hand washing facilities, toiletries, and medical care to reduce the spread of the virus; provide juveniles with frequent and no cost calls home to parents, legal guardians, and other family members; advance policies and procedures for juvenile delinquency program proceedings (including court proceedings) and probation conditions so that in-person reporting requirements for juveniles are replaced with virtual or telephonic appearances without penalty; expand opportunities for juveniles to participate in community based services and social services through videoconferencing or teleconferencing; or place a moratorium on all requirements for juveniles to attend and pay for court and probation-ordered programs, community service, and labor, that violate any applicable social distancing or stay at home order. Each element described in paragraph
(1)through
(9)shall be trauma-informed, reflect the science of adolescent development, and be designed to meet the needs of at-risk juveniles and juveniles who come into contact with the justice system. Terms used in this section have the meanings given such terms in the Juvenile Justice and Delinquency Prevention Act of 1974. The term juvenile has the meaning given such term in section 1809 of this Act. There is authorized to be appropriated to carry out this section $75,000,000 for each of fiscal years 2020 and 2021. The Attorney General shall make grants to grantees under section 3062 for the exclusive purpose of providing for rapid COVID–19 testing of arrestees, detainees, and inmates who are exiting the custody of a correctional facility prior to returning to the community. Grants provided under this section may be used for any of the following: Purchasing or leasing medical devices authorized by the U.S. Food and Drug Administration to detect COVID–19 that produce results in less than one hour. Purchasing or securing COVID–19 testing supplies and personal protective equipment used by the correctional facility to perform such tests. Contracting with medical providers to administer such tests. There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2020 and 2021. The Attorney General shall make grants under this section to eligible applicants for the purposes set forth in section 3061(b)(2). Eligible applicants under this section are States and units of local government that implement or continue operation of a program described in subsection (c)(1) and not fewer than 2 of the other programs enumerated in such subsection. A grantee shall use amounts provided as a grant under this section for programs that provide for the following: Adopting and operating a cite-and-release process for individuals who are suspected of committing misdemeanor and felony offenses and who do not pose a risk of serious, imminent injury to a reasonably identifiable person. Curtailing booking and in-facility processing for individuals who have committed technical parole or probation violations. Ensuring that defense counsel is appointed at the earliest hearing that could result in pretrial detention so that low-risk defendants are not unnecessarily further exposed to COVID–19. Establishing early review of charges by an experienced prosecutor, so only arrestees and detainees who will be charged are detained. Providing appropriate victims’ services supports and safety-focused residential accommodations for victims and community members who have questions or concerns about releases described in this subsection. Not later than 6 months after the date on which grants are initially made under this part, and biannually thereafter during the grant period, the Attorney General shall submit to Congress a report on the program, which shall include— the number of grants made, the number of grantees, and the amount of funding distributed to each grantee pursuant to this part; the location of each correctional facility where activities are carried out using grant amounts; the number of persons in the custody of correctional facilities where activities are carried out using grant amounts, including incarcerated persons released on parole, community supervision, good time or early release, clemency or commutation, as a result of the national emergency under the National Emergencies Act ( 50 U.S.C. 1601 et seq.) declared by the President with respect to the Coronavirus Disease 2019 ( COVID–19 ), disaggregated by type of offense, age, race, sex, and ethnicity; and for each facility receiving funds under section 3062— the total number of tests for COVID–19 performed; the results of such COVID–19 tests (confirmed positive or negative); the total number of probable COVID–19 infections; the total number of COVID–19-related hospitalizations, the total number of intensive care unit admissions, and the duration of each such hospitalization; recoveries from COVID–19; and COVID–19 deaths, disaggregated by race, ethnicity, age, disability, sex, pregnancy status, and whether the individual is a staff member of or incarcerated at the facility. Data reported under this section shall be reported in accordance with applicable privacy laws and regulations. The Attorney General shall not require grantees to provide any matching funds with respect to the use of funds under this part. For purposes of this part: The term correctional facility includes a juvenile facility. The term covered emergency period has the meaning given the term in section 12003 of the CARES Act ( Public Law 116–136 ). The term COVID–19 means a disease caused by severe acute respiratory syndrome coronavirus 2 (SARS–CoV–2). The terms detainee , arrestee , and inmate each include juveniles. .
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Sec. 191107
COVID–19 Correctional Facility Emergency Response Act of 2020
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