Sec. 4. Definitions
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/bill/116/hr/7281/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: 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. The term correctional facility includes a juvenile facility. 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.
The term medically vulnerable includes an individual— diagnosed with a chronic lung disease; diagnosed with moderate or severe asthma; diagnosed with a serious heart condition; diagnosed with diabetes; diagnosed with a chronic kidney disease and undergoing dialysis; diagnosed with liver disease; diagnosed with cancer; diagnosed with obesity; or who is immunocompromised. The term persons described means an arrestee, detainee, or inmate who is in the custody of a correctional facility— solely because such individual is awaiting trial; as a result of a technical violation; as a result of a bench warrant; following a conviction with respect to a controlled substance (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )); pursuant to an immigration detainer issued by the Secretary of Homeland Security; following a conviction of a misdemeanor offense; following a conviction for a status offense; who is terminally ill, mentally ill, or disabled, as determined by a medical professional; who is medically vulnerable; 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; who is over the age of 55 years old; who is— incarcerated in a prison and will complete their sentence within 18 months of the date of the enactment of this Act; or incarcerated in a jail and will complete their sentence within 180 days of the date of the enactment of this Act; who is a primary caregiver; or who is pregnant.
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. 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.
The term technical violation includes a violation of court-ordered supervision, release-ordered supervision, or parole, including— failing to report for a scheduled office visit; violating a curfew; lack of employment or attendance at school; or testing positive for drug or alcohol use.
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