,,ii #aafth ,,congress #b;d ,session ,s4 #cfdf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #g1 #bjbj,mr4 ,booker 7for himself1 ,ms4 ,harris1 and ,mr4 ,sanders7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to require the transfer or release of certain individuals in the custody of the ,united ,states because of their risk of exposure during a national emergency1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,emergency ,community ,supervision ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,as of the date of introduction of this ,act1 the novel coronavirus has spread to all #ej ,states1 the ,district of ,columbia1 and #c territories4 7#b7 ,the ,centers for ,disease ,control and ,prevention have projected that between #afj1jjj1jjj and #bad1jjj1jjj people could be infected by the novel coronavirus in the ,united ,states over the course of the pandemic4 7#c7 ,although the ,united ,states has less than #e percent of the world's population1 the ,united ,states holds approximately #ba percent of the world's prisoners and leads the world in the number of individuals incarcerated1 with nearly #b1bjj1jjj people incarcerated in ,state and ,federal prisons and local jails4 7#d7 ,studies have shown that individuals age out of crime starting around #be years of age1 and released individuals over the age of #ej have a very low recidivism rate4 7#e7 ,according to public health experts1 incarcerated individuals are particularly vulnerable to being gravely impacted by the novel corona virus pandemic because-- 7,a7 they have higher rates of underlying health issues than members of the general public1 including higher rates of respiratory disease1 heart disease1 diabetes1 obesity1 ,,hiv_/,,aids1 substance abuse1 hepatitis1 and other conditions that suppress immune response2 and 7,b7 the close conditions and lack of access to hygiene products in prisons make these institutions unusually susceptible to viral pandemics4 7#f7 ,the spread of communicable viral disease in the ,united ,states generally constitutes a serious1 heightened threat to the safety of incarcerated individuals1 and there is a serious threat to the general public that prisons may become incubators of community spread of communicable viral disease4 #c4 ,definitions ,in this ,act3 7#a7 ,covered health condition ,the term covered health condition with respect to an individual1 means the individual-- 7,a7 is pregnant2 7,b7 has chronic lung disease or asthma2 7,c7 has congestive heart failure or coronary artery disease2 7,d7 has diabetes2 7,e7 has a neurological condition that weakens the ability to cough2 7,f7 has ,,hiv2 7,g7 has sickle cell anemia2 7,h7 has cancer2 or 7,i7 has a weakened immune system4 7#b7 ,covered individual ,the term covered individual-- 7,a7 means an individual who-- 7i7 is a juvenile 7as defined in section #ejca of title #ah1 ,united ,states ,code72 7ii7 is #ej years of age or older2 7iii7 has a covered health condition2 or 7iv7 is within #ab months of release from incarceration2 and 7,b7 includes an individual described in subparagraph 7,a7 who is serving a term of imprisonment for an offense committed before ,november #a1 #aihg4 7#c7 ,national emergency relation to a communicable disease ,the term national emergency relating to a communicable disease means-- 7,a7 an emergency involving ,federal primary responsibility determined to exist by the ,president under section #eja7;b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaia7;b77 with respect to a communicable disease2 or 7,b7 a national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to a communicable disease4 #d4 ,placement of certain individuals in community supervision 7a7 ,authority ,except as provided in subsection 7b71 beginning on the date on which a national emergency relating to a communicable disease is declared and ending on the date that is #fj days after such national emergency expires-- 7#a7 notwithstanding any other provision of law1 the ,director of the ,bureau of ,prisons shall place in community supervision all covered individuals who are in the custody of the ,bureau of ,prisons2 and 7#b7 the district court of the ,united ,states for each judicial district shall place in community supervision all covered individuals who are in the custody and care of the ,united ,states ,marshals ,service4 7b7 ,exceptions 7#a7 ,bureau of ,prisons ,in carrying out subsection 7a77#a71 the ,director-- 7,a7 may not place in community supervision any individual determined1 by clear and convincing evidence1 to be likely to pose a specific and substantial risk of causing bodily injury or using violent force against the person of another2 7,b7 shall place in the file of each individual described in subparagraph 7,a7 documentation of such determination1 including the evidence used to make the determination2 and 7,c7 not later than #ahj days after the date on which the national emergency relating to a communicable disease expires1 shall provide a report to ,congress documenting-- 7i7 the demographic data 7including race1 gender1 age1 offense of conviction1 and criminal history level7 of the individuals denied placement in community supervision under subparagraph 7,a72 and 7ii7 the justification for the denials described in clause 7i74 7#b7 ,district courts ,in carrying out subsection 7a77#b71 each district court of the ,united ,states-- 7,a7 shall conduct an immediate and expedited review of the detention orders of all covered individuals in the custody and care of the ,united ,states ,marshals ,service1 which may be conducted sua sponte and ex parte1 without-- 7i7 appearance by the defendant or any party2 or 7ii7 requiring a petition1 motion1 or other similar document to be filed2 7,b7 may not place in community supervision any individual the court determines1 after a hearing and by clear and convincing evidence1 to be likely to pose a specific and substantial risk of causing bodily injury or using violent force against the person of another2 and 7,c7 in carrying out subparagraphs 7,a7 and 7,b71 may-- 7i7 rely on evidence presented in prior court proceedings2 and 7ii7 if the court determines it necessary1 request additional information from the parties to make the determination4 7c7 ,limitation on community supervision placement ,in placing covered individuals into community supervision under this section1 the ,director of the ,bureau of ,prisons and the district court of the ,united ,states for each judicial district shall take into account and prioritize placements that enable adequate social distancing1 which include home confinement or other forms of low in-person-contact supervised release4 #e4 ,limitation on pre-trial detention ,notwithstanding section #cadb of title #ah1 ,united ,states ,code1 beginning on the date on which a national emergency relating to a communicable disease is declared and ending on the date that is #fj days after such national emergency expires1 the ,government may not seek to detain1 and a judicial officer 7as defined in section #caef of title #ah1 ,united ,states ,code7 may not order the detention of1 any individual1 unless the ,government shows by clear and convincing evidence that-- 7#a7 releasing the individual will create a high risk of willful non-appearance in court2 or 7#b7 the individual poses a specific and substantial risk of causing bodily injury or using violent force against the person of another4 #f4 ,limitation on supervised release ,beginning on the date on which a national emergency relating to a communicable disease is declared and ending on the date that is #fj days after such national emergency expires1 the ,office of ,probation and ,pretrial ,services of the ,administrative ,office of the ,united ,states ,courts shall take measures to prevent the spread of the communicable viral disease among individuals under supervision by-- 7#a7 suspending the requirement that individuals determined to be a lower risk of reoffending1 or any other individuals determined to be appropriate by the supervising probation officer1 report in person to their probation or parole officer2 7#b7 identifying individuals who have successfully completed not less than #ah months of supervision and transferring such individuals to administrative supervision or petitioning the court to terminate supervision1 as appropriate2 and 7#c7 suspending the request for detention and imprisonment as a sanction for violations of probation1 supervised release1 or parole4 #g4 ,prohibition ,no individual who is granted placement in community supervision1 termination of supervision1 placement on administrative supervision1 or pre-trial release shall be re-incarcerated1 placed on supervision or active supervision1 or ordered detained pre-trial only as a result of the expiration of the national emergency relating to a communicable disease4