Sec. 5. Temporary shortening of administrative exhaustion
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Section 12003 of the CARES Act ( Public Law 116–136 ) is amended by adding at the end the following: For purposes of a motion filed under section 3582(c)(1) of title 18, United States Code, during the covered emergency period— the 30-day waiting period requirement in section 3582(d)(2) shall be reduced to not more than 10 days; and 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).
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. .
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