,,ii #aafth ,,congress #ast ,session ,s4 #ahid ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ai1 #bjai,ms4 ,cortez ,masto 7for herself1 ,mr4 ,markey1 ,mrs4 ,gillibrand1 ,mr4 ,blumenthal1 and ,mr4 ,merkley7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to require the ,secretary of ,homeland ,security to use alternatives to detention for certain vulnerable immigrant populations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,alternatives to ,detention ,act of #bjai4 #b4 ,alternatives to detention under immigration laws 7a7 ,establishment 7#a7 ,in general ,the ,secretary shall establish programs to provide alternatives to detention under the immigration laws4 7#b7 ,availability ,the programs under paragraph 7#a7 shall be available to an alien regardless of whether-- 7,a7 a decision on a charge of removability with respect to the alien is pending2 or 7,b7 the alien is subject to an order of removal4 7#c7 ,continuum of supervision ,the programs under paragraph 7#a7 shall provide for a continuum of supervision mechanisms and options1 including community-based supervision and community support4 7#d7 ,contracts with nongovernmental organizations ,the ,secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection 7b74 7b7 ,restoration of the ,family ,case ,management ,program ,not later than #g days after the date of the enactment of this ,act1 the ,secretary shall fully restore the ,u4,s4 ,immigration and ,customs ,enforcement ,family ,case ,management ,program as the program existed on ,january #ba1 #bjaf1 which shall-- 7#a7 provide community supervision and community support services1 including case management services1 appearance services1 and screening of aliens who have been detained2 and 7#b7 be carried out through a contract with a nongovernmental organization that has demonstrated expertise in providing such supervision and support services4 7c7 ,determination of vulnerable population or caregiver status required 7#a7 ,in general ,except as provided in paragraph 7#c7 and subject to paragraph 7#b71 not later than #gb hours after taking an individual into custody under the immigration laws1 the ,secretary1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 an immigration officer1 or an immigration judge shall make an individualized determination with respect to-- 7,a7 whether the individual may participate in an alternatives to detention program1 including the ,family ,case ,management ,program described in subsection 7b72 and 7,b7 the appropriate level of supervision4 7#b7 ,presumption for placement in alternatives to detention program 7,a7 ,in general ,there shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- 7i7 taken into the physical custody of the ,department of ,homeland ,security2 and 7ii7 a member of a vulnerable population1 a parent of a child under #ah years of age1 a dependent caregiver1 or a family caregiver4 7,b7 ,exception ,the presumption described in subparagraph 7,a7 shall not apply if the ,secretary1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 an immigration officer1 or an immigration judge specifically determines that the alien is a threat to himself or herself or the public4 7#c7 ,exceptions ,alternatives to detention programs shall not be available to any individual-- 7,a7 detained under section #bcf;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf;a72 or 7,b7 for whom release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety4 7d7 ,coordinator of ,alternatives to ,detention 7#a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary shall-- 7,a7 establish within the ,department of ,homeland ,security the position of ,coordinator of ,alternatives to ,detention 7referred to in this subsection as the ,coordinator71 which shall report directly to the ,secretary2 and 7,b7 appoint the ,coordinator4 7#b7 ,resources ,the ,secretary shall make available to the ,coordinator such personnel1 funds1 and other resources as may be appropriate to enable the ,coordinator to carry out the mission under paragraph 7#c77;,a74 7#c7 ,mission and duties 7,a7 ,mission ,the mission of the ,coordinator shall be to coordinate1 in collaboration with the executive departments1 the use of alternatives to detention programs4 7,b7 ,duties of ,coordinator 7i7 ,in general ,the ,coordinator shall-- 7,i7 serve as the primary point of contact within the executive branch for ,congress1 ,state and local governments1 the private sector1 and community leaders with respect to the alternatives to detention programs2 and 7,,ii7 in coordination with the executive departments1 with respect to ,congress1 ,state and local governments1 the private sector1 and community leaders1 manage information flow about1 requests for actions relating to1 and discussions on such programs4 7ii7 ,reports required 7,i7 ,monthly reports ,not later than #cj days after the date of the appointment of the ,coordinator1 and every #cj days thereafter1 the ,coordinator shall submit to ,congress a report that includes-- 7aa7 the number of individuals detained under the immigration laws-- 7,,aa7 pending a decision on whether the individual is to be removed2 and 7,,bb7 after the issuance of a removal order2 7bb7 an assessment whether any individual described in item 7aa7 is subject to the special rule under subsection 7c77#b72 and 7cc7 the number of individuals participating in an alternatives to detention program established under subsection 7a71 disaggregated by the level of supervision of such individuals4 7,,ii7 ,annual reports ,not later than one year after the date of the appointment of the ,coordinator1 and annually thereafter1 the ,coordinator shall submit to ,congress a report that includes-- 7aa7 guidance and requirements for referral and placement decisions in alternatives to detention programs2 7bb7 information on enrollment in alternatives to detention programs1 disaggregated by field office2 7cc7 information on the length of enrollment in alternatives to detention programs1 disaggregated by type of alternative to detention program2 and 7dd7 information on the population enrolled in alternatives to detention programs1 disaggregated by type of alternative to detention program and point of apprehension4 7,c7 ,duties of executive departments ,the heads of the executive departments shall-- 7i7 respond promptly to any request by the ,coordinator2 7ii7 consistent with applicable law1 provide such information as the ,coordinator considers necessary to carry out the mission of the ,coordinator2 and 7iii7 otherwise cooperate with the ,coordinator to the maximum extent practicable to facilitate the performance of the mission under subparagraph 7,a74 7e7 ,,gao study and report ,the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a study on the use and effectiveness of the alternatives to detention programs established under subsection 7a72 and 7#b7 not later than two years after the date of the enactment of this ,act1 submit to ,congress a report on the results of the study under paragraph 7#a74 7f7 ,definitions ,in this section3 7#a7 ,dependent caregiver ,the term dependent caregiver means an individual who lives with1 and provides more than of the financial support required by1 a family member who is-- 7,a7 under #ah years of age2 or 7,b7 unable to engage in substantial employment due to a physical or mental health condition or disability4 7#b7 ,executive departments ,the term executive departments has the meaning given the term in section #aja of title #e1 ,united ,states ,code4 7#c7 ,family caregiver ,the term family caregiver means an individual who lives with1 and provides more than of the personal care required by1 a family member who is-- 7,a7 under #ah years of age2 or 7,b7 unable to engage in substantial employment due to a physical or mental health condition or disability4 7#d7 ,family member ,the term family member1 with respect to an individual receiving personal care services or financial support1 means an individual who is-- 7,a7 a parent or legal guardian2 7,b7 a spouse2 7,c7 a child2 7,d7 a step-family member2 or 7,e7 an extended family member4 7#e7 ,immigration laws ,the term immigration laws has the meaning given the term in section #aja7;a77#ag7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ag774 7#f7 ,legal guardian ,the term legal guardian means a legal guardian under ,state law or the law of a foreign country4 7#g7 ,member of a vulnerable population ,the term member of a vulnerable population means an individual who-- 7,a7 is an asylum seeker or is otherwise seeking lawful status2 7,b7 is a victim of torture or trafficking2 7,c7 has special religious1 cultural1 or spiritual considerations2 7,d7 is pregnant or nursing2 7,e7 is under #ba years of age2 7,f7 is older than #fj years of age2 7,g7 identifies as gay1 lesbian1 bisexual1 transgender1 or intersex2 7,h7 is a victim or witness of a crime2 7,i7 has a mental disorder or physical disability2 or 7,j7 is experiencing severe trauma or is a survivor of torture or gender-based violence1 as determined by an immigration judge or the ,secretary based on information obtained-- 7i7 by the attorney or legal services provider of the individual during intake2 or 7ii7 through credible reporting by the individual4 7#h7 ,parent ,the term parent means a biological or adoptive parent of a child1 whose parental rights have not been relinquished or terminated under ,state law or the law of a foreign country4 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 #c4 ,savings provisions 7a7 ,federal law ,nothing in this ,act may be construed to supersede or modify-- 7#a7 the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb et seq472 7#b7 the ,stipulated ,settlement ,agreement filed in the ,united ,states ,district ,court for the ,central ,district of ,california on ,january #ag1 #aiig 7,,cv #he-dedd-,,rjk7 7commonly known as the ,flores ,settlement ,agreement72 7#c7 the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq472 or 7#d7 any applicable ,federal child welfare law1 including the ,adoption and ,safe ,families ,act of #aiig 7,public ,law #aje-hi74 7b7 ,state law ,nothing in this ,act may be construed to supersede or modify any applicable ,state child welfare laws4