,,ii #aafth ,,congress #b;d ,session ,s4 #cfih ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ab1 #bjbj,mr4 ,schatz 7for himself1 ,mr4 ,durbin1 ,ms4 ,harris1 ,mr4 ,markey1 and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk4 #a4 ,short title ,this ,act may be cited as the ,emergency ,grants of ,release ,and ,compassion ,effectively ,act of #bjbj or the ,emergency ,,grace ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,director ,the term ,director means the ,director of the ,bureau of ,prisons4 7#b7 ,public health emergency ,the term public health emergency-- 7,a7 means a public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d72 and 7,b7 includes-- 7i7 a public health emergency declared by the ,governor of a ,state or territory in which a ,bureau of ,prisons facility is located2 and 7ii7 the public health emergency declared on ,january #ca1 #bjbj1 in response to ,,covid-#ai4 #c4 ,expedited compassionate release 7a7 ,authority ,for purposes of a motion filed under section #cehb7;c77#a7 of title #ah1 ,united ,states ,code1 during any period for which a public health emergency is in effect1 the requirement to exhaust all administrative rights and the #cj-;day waiting period described in section #cehb7;c77#a7 of title #ah1 ,united ,states ,code1 shall not apply4 7b7 ,identifying compassionate release cases ,the ,director shall-- 7#a7 identify defendants who are at a higher risk of death1 as defined by the ,centers for ,disease ,control and ,prevention1 from the disease or illness for which the public health emergency was declared1 including-- 7,a7 defendants over the age of #fj2 7,b7 defendants with a terminal illness1 as defined in section #cehb7;d77#a7 of title #ah1 ,united ,states ,code2 and 7,c7 defendants with autoimmune disorders or serious medical conditions1 including heart disease1 diabetes1 ,,hiv1 chronic or acute respiratory disease1 or cancer2 7#b7 upon a written request by a defendant for the medical records of the defendant1 or in the case of the defendant's attorney1 a request for the medical records of the defendant that declares under the penalty of perjury that the records are being sought in connection with a motion under subsection 7a71 promptly release all medical records from the year preceding the request to the parties specified in the request1 including the court1 the defendant1 and any individual acting on the defendant's behalf2 7#c7 ensure that there are adequate numbers of ,bureau of ,prison employees to carry out paragraph 7#a72 and 7#d7 provide guidance to ,bureau of ,prison employees consistent with public health and safety recommendations to prevent the spread of the disease or illness for which the public health emergency was declared4 7c7 ,presumption ,in a motion filed under subsection 7a7 there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared1 including a defendant with autoimmune disorders or serious medical conditions1 including heart disease1 diabetes1 ,,hiv1 chronic or acute respiratory disease1 or cancer4 7d7 ,legal representation ,the court may appoint a ,federal public defender or community defender1 or other counsel qualified to be appointed under section #cjjf;,a of title #ah1 ,united ,states ,code1 to assist a defendant seeking relief under this section4 7e7 ,conforming amendments to section #cehb of title #ah1 ,united ,states ,code ,section #cehb7;c77#a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by inserting 1 including a case involving an offense committed on or before ,november #a1 #aihg after case2 and 7#b7 in subparagraph 7,a77ii71 by striking #gj years of age and inserting #fj years of age4 #d4 ,temporary release from ,federal custody during a public health emergency 7a7 ,temporary release from custody of the ,united ,states ,marshals ,during a public health emergency1 a court may order that an individual in the custody of ,united ,states ,marshals ,service1 or another ,federal agency1 be transferred to home confinement to the extent that the court determines such release to be necessary for the health and safety of the individual or the detention facility in which the individual would be placed4 7b7 ,temporary furlough or transfer 7#a7 ,in general ,during a public health emergency1 a court may order that an individual in the custody of the ,federal ,bureau of ,prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held4 7#b7 ,factors to be considered ,in carrying out paragraph 7#a71 the court may consider factors such as-- 7#c7 ,the court may consider factors such as-- 7,a7 whether an individual filed a motion for a reduction of sentence under section #c7;a72 7,b7 the risk to the health and safety of the facility in which the individual is held1 including an outbreak of a highly contagious virus or disease2 and 7,c7 the safety of the community in which a person will be released4 #e4 ,allowing for medical assistance under medicaid for inmates during #cj-;day period preceding release ,the subdivision 7,a7 following paragraph 7#cj7 of section #aije7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7a77 is amended by inserting and except during the #cj-;day period preceding the date of release of such individual from such public institution after medical institution4 #f4 ,stopping the spread of coronavirus in ,federal prisons 7a7 ,required action ,to stop the spread of coronavirus ,the ,director shall require that all ,bureau of ,prisons facilities1 including all contract facilities1 follow the ,centers for ,disease ,control recommended procedures for limiting the spread of the coronavirus1 including robust and ongoing testing1 providing adequate soap1 medical care1 comprehensive sanitation and cleaning of facilities1 personal protective equipment1 and other safety measures provided free of charge to-- 7#a7 individuals who are incarcerated or detained in a ,bureau of ,prisons facility1 including all contract facilities2 and 7#b7 individuals who work or volunteer in a ,bureau of ,prisons facility1 including all contract facilities4 7b7 ,plans and procedures ,not later than #g days after the date of enactment of this ,act1 the ,director shall-- 7#a7 release information about plans and procedures to address the coronavirus within ,bureau of ,prisons facilities1 including all contract facilities2 7#b7 update the number of coronavirus cases that exist in ,bureau of ,prisons facilities1 including all contract facilities1 and provide daily updates of the number2 7#c7 begin the process of testing-- 7,a7 all individuals who are incarcerated or detained in a ,bureau of ,prisons facility or a contract facility2 and 7,b7 all individuals who work or volunteer in a ,bureau of ,prisons facility or contract facility2 7#d7 provide prompt and accurate information about the number of coronavirus fatalities2 7#e7 inform attorneys1 families1 and friends of inmates in custody when individuals are ill with coronavirus and continue to provide timely1 up-to-date information about the health of loved ones2 7#f7 provide information about visitation1 communication policies1 and lockdowns2 and 7#g7 give updates on healthcare services being provided4 #g4 ,emergency appropriations for ,state sentencing reductions on the basis of age or medical condition ,there are hereby appropriated1 out of amounts in the ,treasury not otherwise appropriated1 for additional amounts for the ,department of ,justice for ,state and ,local ,law ,enforcement ,assistance1 #ej1jjj1jjj for fiscal year #bjbj1 to remain available until expended1 to prevent1 prepare for1 and respond to the coronavirus1 domestically or internationally1 to be awarded pursuant to the formula allocation 7adjusted in proportion to the relative amounts statutorily designated therefor7 that was used in fiscal year #bjai for the ,edward ,byrne ,memorial ,justice ,assistance ,grant program as authorized by subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,acts of #aifh 7#aifh ,act73,provided1 ,that the amounts be awarded to the corrections departments or agency of each ,state and territory of the ,united ,states for the purpose of identifying ,state inmates who are at a higher risk of death from the disease or illness for which the public health emergency was declared1 as defined by the ,centers for ,disease ,control and ,prevention1 including inmates over the age of #fj1 inmates with a terminal illness1 and inmates with autoimmune disorders or serious medical conditions1 including heart disease1 diabetes1 ,,hiv1 chronic or acute respiratory disease1 or cancer1 and for the purpose of testing inmates for the coronavirus1 and assisting such inmates in the preparation1 drafting1 and submission of requests for compassionate release1 medical or elderly parole1 or other sentence reductions on the basis of age or medical condition pursuant to relevant ,state law3 ,provided further1 ,that the allocation provisions under subsections 7a7 through 7e7 of section #eje and the special rules for ,puerto ,rico under section #eje7;g7 and section #ajja7;c7 of the #aifh ,act1 shall not apply to the amount provided under this section3 ,provided further1 ,that awards hereunder1 shall not be subject to restrictions or special conditions that are the same as 7or substantially similar to7 those1 imposed on awards under such subpart in fiscal year #bjah1 that forbid interference with ,federal law enforcement3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4