,,ii ,calendar ,no4 #fh #aagth          
,,congress  #ast ,session  ,s4 #cab     
,,in ,,the ,,senate ,,of ,,the ,,united 
,,states  ,february #ab1 #bjba,mr4      
,durbin 7for himself1 ,mr4 ,grassley1   
,mr4 ,whitehouse1 ,mr4 ,tillis1 ,mr4    
,coons1 ,mr4 ,cramer1 ,mr4 ,booker1 and 
,mr4 ,wicker7 introduced the following  
bill2 which was read twice and referred 
to the ,committee on the ,judiciary     
,june #h1 #bjba,reported by ,mr4        
,durbin1 with an amendment,strike out   
all after the enacting clause and insert
 the part printed in italic  ,a ,,bill  
,to expand eligibility for and provide  
judicial review for the ,elderly ,home  
,detention ,pilot ,program1 provide for 
compassionate release based on          
,,covid-#ai vulnerability1 shorten the  
waiting period for judicial review      
during the ,,covid-#ai pandemic1 and    
make other technical corrections4  #a4  
,short title ,this ,act may be cited as 
the ,,covid-#ai ,safer ,detention ,act  
of #bjba4  #b4 ,definition of covered   

emergency period ,section #abjjc7;a77#b7
 of the ,,cares ,act 7#ah ,u4,s4,c4     
#cfba note7 is amended-- 7#a7 by        
striking ending on the date and         
inserting the following3 ending on the  
later of-- 7,a7 the date  2  7#b7 in    
subparagraph 7,a71 as so designated1 by 
striking the and at the end and         
inserting or2 and  7#c7 by adding at the
 end the following3  7,b7 the date that 
is #cj days after the date on which the 
,bureau of ,prisons ceases modified     
operations in response to ,,covid-#ai2  
and  4  #c4 ,home detention for certain 
elderly nonviolent offenders ,section   
#bca7;g7 of the ,second ,chance ,act of 
#bjjg 7#cd ,u4,s4,c4 #fjeda7;g77 is     
amended-- 7#a7 in paragraph 7#a71 by    
adding at the end the following3  7,d7  
,judicial review  7i7 ,in general ,upon 
motion of a defendant1 on or after the  
date described in clause 7ii71 a court  
may reduce an imposed term of           
imprisonment of the defendant and       
substitute a term of supervised release 

with the condition of home detention for
 the unserved portion of the original   
term of imprisonment1 after considering 
the factors set forth in section        
#ceec7;a7 of title #ah1 ,united ,states 
,code1 if the court finds the defendant 
is an eligible elderly offender or      
eligible terminally ill offender4  7ii7 
,date described ,the date described in  
this clause is the earlier of-- 7,i7 the
 date on which the defendant fully      
exhausts all administrative rights to   
appeal a failure of the ,bureau of      
,prisons to place the defendant on home 
detention2 or  7,,ii7 the expiration of 
the #cj-;day period beginning on the    
date on which the defendant submits to  
the warden of the facility in which the 
defendant is imprisoned a request for   
placement of the defendant on home      
detention1 regardless of the status of  
the request4  2 and  7#b7 in paragraph  
7#e7-- 7,a7 in subparagraph 7,a77ii7--  
7i7 by inserting including offenses     
under the laws of the ,district of      

,columbia1 after offense or offenses12  
and  7ii7 by striking #b_/c of the term 
of imprisonment to which the offender   
was sentenced and inserting #a_/b of the
 term of imprisonment reduced by any    
credit toward the service of the        
offender's sentence awarded under       
section #cfbd7;b7 of title #ah1 ,united 
,states ,code2 and  7,b7 in subparagraph
 7,d77i71 by inserting 1 including      
offenses under the laws of the ,district
 of ,columbia1 after offense or         
offenses14  #d4 ,compassionate release  
technical correction ,section #cehb of  
title #ah1 ,united ,states ,code1 is    
amended-- 7#a7 in subsection 7c77#a7--  
7,a7 in the matter preceding            
subparagraph 7,a71 by inserting after   
case the following3 1 including1        
notwithstanding any other provision of  
law1 any case involving an offense      
committed before ,november #a1 #aihg2   
and  7,b7 in subparagraph 7,a7-- 7i7 by 
inserting 1 on or after the date        
described in subsection 7d7 after upon  

motion of a defendant2 and  7ii7 by     
striking after the defendant has fully  
exhausted all administrative rights to  
appeal a failure of the ,bureau of      
,prisons to bring a motion on the       
defendant's behalf or the lapse of #cj  
days from the receipt of such a request 
by the warden of the defendant's        
facility1 whichever is earlier12  7#b7  
by redesignating subsections 7d7 and 7e7
 as subsections 7e7 and 7f71            
respectively2 and  7#c7 by inserting    
after subsection 7c7 the following3  7d7
 ,date described ,for purposes of       
subsection 7c77#a77;,a71 the date       
described in this subsection is the     
earlier of-- 7#a7 the date on which the 
defendant fully exhausts all            
administrative rights to appeal a       
failure of the ,bureau of ,prisons to   
bring a motion on the defendant's       
behalf2 or  7#b7 the expiration of the  
#cj-;day period beginning on the date on
 which the defendant submits a request  
for a reduction in sentence to the      

warden of the facility in which the     
defendant is imprisoned1 regardless of  
the status of the request4  4  #e4      
,temporary shortening of administrative 
exhaustion ,section #abjjc of the       
,,cares ,act 7#ah ,u4,s4,c4 #cfba note7 
is amended by adding at the end the     
following3  7e7 ,compassionate release  
,for purposes of a motion filed under   
section #cehb7;c77#a7 of title #ah1     
,united ,states ,code1 during the       
covered emergency period-- 7#a7 the     
#cj-;day waiting period requirement in  
section #cehb7;d77#b7 shall be reduced  
to not more than #aj days2 and  7#b7 in 
the case of a defendant who is1         
according to guidance from the ,centers 
for ,disease ,control and ,prevention1  
considered to be at a higher risk for   
severe illness from ,,covid-#ai1        
including because the defendant is #fj  
years of age or older or has an         
underlying medical condition1 such risk 
shall be considered to be an            
extraordinary and compelling reason     

under subparagraph 7,a77i7 of such      
section #cehb7;c77#a74  7f7 ,nonviolent 
elderly offenders ,for the purpose of a 
motion filed under subparagraph 7,d7 of 
section #bca7;g77#a7 of the ,second     
,chance ,act of #bjjg 7#cd ,u4,s4,c4    
#fjeda7;g77#a771 during the covered     
emergency period1 the #cj-;day waiting  
period requirement clause 7ii77,,ii7 of 
such subparagraph 7,d7 shall be reduced 
to #aj days4  4  #a4 ,short title ,this 
,act may be cited as the ,,covid-#ai    
,safer ,detention ,act of #bjba4  #b4   
,definition of covered emergency period 
,section #abjjc7;a77#b7 of the ,,cares  
,act 7#ah ,u4,s4,c4 #cfba note7 is      
amended-- 7#a7 by striking ending on the
 date and inserting the following3      
ending on the later of-- 7,a7 the date  
2  7#b7 in subparagraph 7,a71 as so     
designated1 by striking the and at the  
end and inserting or2 and  7#c7 by      
adding at the end the following3  7,b7  
the earlier of-- 7i7 the date that is   
#cj days after the date on which the    

,bureau ceases modified operations in   
response to ,,covid-#ai2 or  7ii7 the   
date that is #ij days after the date    
described in subparagraph 7,a72 and  4  
#c4 ,home detention for certain elderly 
nonviolent offenders ,section #bca7;g7  
of the ,second ,chance ,act of #bjjg    
7#cd ,u4,s4,c4 #fjeda7;g77 is amended-- 
7#a7 in paragraph 7#a71 by adding at the
 end the following3  7,d7 ,judicial     
review  7i7 ,in general ,upon motion of 
a defendant1 on or after the date       
described in clause 7ii71 after imposing
 a term of imprisonment1 a court may    
reduce the imposed term of imprisonment 
of the defendant and substitute a term  
of supervised release with the condition
 of home detention for the unserved     
portion of the original term of         
imprisonment1 after considering the     
factors set forth in section #ceec7;a7  
of title #ah1 ,united ,states ,code1 if 
the court finds the defendant is an     
eligible elderly offender or eligible   
terminally ill offender4  7ii7 ,date    

described ,the date described in this   
clause is the earlier of-- 7,i7 the date
 on which the defendant fully exhausts  
all administrative rights to appeal a   
failure of the ,bureau of ,prisons to   
place the defendant on home detention2  
or  7,,ii7 the expiration of the        
#cj-;day period beginning on the date on
 which the defendant submits to the     
warden of the facility in which the     
defendant is imprisoned a request for   
placement of the defendant on home      
detention1 regardless of the status of  
the request4  7iii7 ,limitation on      
motions ,if a defendant's motion filed  
under this subparagraph is denied1 the  
defendant may not file another motion   
under this subparagraph until the date  
that is #ij days after the date on which
 the motion was denied4  7iv7 ,right to 
counsel ,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 subparagraph4  7v7 ,applicability  
of ,crime ,victims' ,rights ,act        
,section #cgga of title #ah1 ,united    
,states ,code 7commonly known as the    
,crime ,victims' ,rights ,act71 shall   
apply to any proceeding under this      
subparagraph4  2  7#b7 in paragraph     
7#d71 in the first sentence1 by         
inserting after paragraph 7#c7 the      
following3 1 including the number of    
offenders released pursuant to judicial 
review under paragraph 7#a77;,d72 and   
7#c7 in paragraph 7#e7-- 7,a7 in        
subparagraph 7,a77ii7-- 7i7 by inserting
 1 including offenses under the laws of 
the ,district of ,columbia1 after       
offense or offenses2 and  7ii7 by       
striking to which the offender was      
sentenced and inserting reduced by any  
credit toward the service of the        
offender's sentence awarded under       
section #cfbd7;b7 of title #ah1 ,united 
,states ,code2 and  7,b7 in subparagraph
 7,d77i71 by inserting 1 including      

offenses under the laws of the ,district
 of ,columbia1 after offense or         
offenses4  #d4 ,compassionate release   
technical correction ,section #cehb of  
title #ah1 ,united ,states ,code1 is    
amended-- 7#a7 in subsection 7c77#a7--  
7,a7 in the matter preceding            
subparagraph 7,a71 by inserting after   
case the following3 1 including1        
notwithstanding any other provision of  
law1 any case involving an offense      
committed before ,november #a1 #aihg2   
and  7,b7 in subparagraph 7,a7-- 7i7 by 
inserting 1 on or after the date        
described in subsection 7d7 after upon  
motion of a defendant2 and  7ii7 by     
striking after the defendant has fully  
exhausted all administrative rights to  
appeal a failure of the ,bureau of      
,prisons to bring a motion on the       
defendant's behalf or the lapse of #cj  
days from the receipt of such a request 
by the warden of the defendant's        
facility1 whichever is earlier12  7#b7  
by redesignating subsections 7d7 and 7e7

 as subsections 7e7 and 7f71            
respectively2  7#c7 by inserting after  
subsection 7c7 the following3  7d7 ,date
 described ,for purposes of subsection  
7c77#a77;,a71 the date described in this
 subsection is the earlier of-- 7#a7 the
 date on which the defendant fully      
exhausts all administrative rights to   
appeal a failure of the ,bureau of      
,prisons to bring a motion on the       
defendant's behalf2 or  7#b7 the        
expiration of the #cj-;day period       
beginning on the date on which the      
defendant submits a request for a       
reduction in sentence to the warden of  
the facility in which the defendant is  
imprisoned1 regardless of the status of 
the request4  2 and  7#d7 by adding at  
the end the following3  7g7 ,right to   
counsel ,the court may appoint a        
,federal public defender or community   
defender1 or other counsel qualified to 
be appointed under section #cjjf;,a to  
assist a defendant seeking relief under 
this section4  7h7 ,applicability of    

,crime ,victims' ,rights ,act ,section  
#cgga 7commonly known as the ,crime     
,victims' ,rights ,act7 shall apply to  
any proceeding under this section4  4   
#e4 ,temporary shortening of            
administrative exhaustion ,section      
#abjjc of the ,,cares ,act 7#ah         
,u4,s4,c4 #cfba note7 is amended by     
adding at the end the following3  7e7   
,compassionate release ,for purposes of 
a motion filed under section            
#cehb7;c77#a7 of title #ah1 ,united     
,states ,code1 during the covered       
emergency period-- 7#a7 the #cj-;day    
waiting period requirement in section   
#cehb7;d77#b7 shall be reduced to not   
more than #aj days2 and  7#b7 in the    
case of a defendant who is1 according to
 guidance from the ,centers for ,disease
 ,control and ,prevention1 considered to
 be at a higher risk for severe illness 
from ,,covid-#ai1 including because the 
defendant is #fj years of age or older  
or has an underlying medical condition1 
such risk shall be considered to be an  

extraordinary and compelling reason     
under subparagraph 7,a77i7 of such      
section #cehb7;c77#a74  7f7 ,nonviolent 
elderly offenders ,for the purpose of a 
motion filed under subparagraph 7,d7 of 
section #bca7;g77#a7 of the ,second     
,chance ,act of #bjjg 7#cd ,u4,s4,c4    
#fjeda7;g77#a771 during the covered     
emergency period1 the #cj-;day waiting  
period requirement clause 7ii77,,ii7 of 
such subparagraph 7,d7 shall be reduced 
to #aj days4  7g7 ,applicability of     
,crime ,victims' ,rights ,act ,section  
#cgga of title #ah1 ,united ,states     
,code 7commonly known as the ,crime     
,victims' ,rights ,act71 shall apply to 
any proceeding under subsection 7e7 or  
7f74  4  #f4 ,report by ,comptroller    
,general of the ,united ,states  7a7    
,study ,the ,comptroller ,general of the
 ,united ,states shall conduct a study  
on ,federal post-release1 probation1 and
 pretrial services1 including1 at a     
minimum1 an evaluation of changes made  
to operational practices as a result of 

,,covid-#ai and recent statutory changes
 preceding the date of enactment of this
 ,act1 such as how pretrial and         
post-release supervision is conducted1  
the impact on officer caseloads1        
overtime hours reported or worked by    
officers1 and the process for           
transitioning an individual from the    
custody of the ,bureau of ,prisons      
,united ,states ,probation and ,pretrial
 ,services personnel4  7b7 ,report ,not 
later than #a year after the date of    
enactment of this ,act1 the ,comptroller
 ,general of the ,united ,states shall  
submit a report on the results of the   
study conducted under subsection 7a7 to 
the ,committee on the ,judiciary of the 
,senate and the ,committee on the       
,judiciary of the ,house of             
,representatives4  #g4 ,directive to    
,administrative ,office of the ,united  
,states ,courts ,the ,administrative    
,office of the ,united ,states ,courts  
shall1 as part of the first budget      
request or re-estimate submitted to     

,congress after the date of enactment of
 this ,act1 include a request for       
resources to address staffing needs in  
each judicial district of the ,united   
,states1 including any additional       
resources that may be necessary as a    
result of this ,act and the amendments  
made by this ,act for staffing and      
overtime pay4  ,june #h1 #bjba,reported 
with an amendment