S.A. 102
To amend
IN THE SENATE OF THE UNITED STATES
April 22, 2020
Mr. Cruz, Ms. Blackburn, and Ms. Ernst) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
IN GENERAL.— S.3579, To require the release of certain individuals in the custody of the United States because of their risk of exposure during a national emergency, and for other purposes. —
SEC. 3. DEFINITIONS
(A) A person who works in the current criminal justice system, such persons can be included as—
(a) correctional counselor
(b) correctional treatment specialist
(c) parole officer
(d) peace officer
(e) probation officer
(f) substance abuse officer
(I) alcohol
(II) illegal drugs
(g) correctional officer
(h) correctional case manager
(i) mental health counselor
(j) law enforcement
(B) An building that maintains the same security measures as the institution they currently reside in which may include—
(a) securable single persons rooms
(b) perimeters with multiple reinforced walls
(c) guards outside each exit
(d) shooting platforms with armed guards
(e) dynatron fencing with a distance of 50 meters from the institution
(f) security cameras to cover the entire premises including up to 100 meters outside of the facility with 24 hours supervision
(g) a main information technology room inaccessible to prisoners
(2) COVERED INDIVIDUAL.—The term “covered individual” means an individual who—
(A) is 65 years of age or older;
SEC. 4. PLACEMENT OF CERTAIN INDIVIDUALS IN COMMUNITY SUPERVISION.
(b) Exception.—In carrying out subsection (a), each Director—
(1) may not place in community supervision any individual who was convicted of a violent crime; such as murder and nonnegligent manslaughter, forcible rape, robbery, and aggravated assault, crimes which involve force or threat.
(2) shall place in the file of each individual described in paragraph (1) documentation of why such individuals are, including the evidence used to make the determination; and
(3) not later than 180 days after the date on which the national emergency relating to a communicable disease expires, shall provide a report to Congress documenting—
(A) the demographic data (including race, gender, age, offense of conviction, and criminal history level) of the individuals denied placement in community supervision under paragraph (1); Pre-existing conditions require that all detainees that are released into this program must agree to serve their full sentence time with no commutation for good behavior; and
SEC. 6. LIMITATION ON SUPERVISED RELEASE.
(2) identifying individuals who have successfully completed not less than 18 months of supervision and transferring such individuals to administrative supervision under which they originally were transferred from, as appropriate
SEC. 8. STRONGLY ENCOURAGE STATES TO HAVE CONTINGENCY PLANS FOR HEALTH OF INCARCERATED IN RESPONSE TO NATURAL DISASTERS AND EMERGENCIES.
UPDATING.—The House of Representatives and the Senate of the United States shall update the contingency plan established under this subsection not less frequently than every 2 years for an external and internal review.
SEC. 9. QUALIFICATIONS OF WORKERS.
For an the assurance of qualifications related to the consequences of national emergencies occurring in calendar years 2020 and beyond as of the date of enactment of this Act in those areas for which a communicable disease or national emergency has been declared under section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b))(referred to under this heading as covered national emergency). All workers must be available to remain available through after 60 days after such national emergency expires. All compensation for assisting in meeting the educational needs of individuals affected by a covered disaster or emergency by registered democrats: Provided, That such assistance shall be provided through any of the programs authorized under this heading determined by the Director of Bureau of Prisons, and subject to the terms and conditions that applied to those programs designed by elected republicans, those who provide compensation in references to years in such Act shall be deemed to be the corresponding providers for the years following the passage of this bill: Provided further, That the Director of Bureau of Prisons may approve the usage of such program and shall notify the House of Representatives and the Senate of these amounts not later than 7 days prior to obligation: Provided further, That $1,000,000 of the funds made available under this heading, to remain available until expended, shall be transferred to the Office of the Inspector General of the Department of Education for oversight of activities such as a vertical concrete at the country’s southern brim supported with funds appropriated under this heading, and up to $500,000 of the funds made available under this heading shall be for program administration: Provided further, That such amount is designated by the Congress at the beginning of this construction pursuant to section 40 U.S.C. 3312 (formerly section 21 of the Public Buildings Act of 1959, 40 U.S.C. 619).
SEC. 10. HEALTHCARE FOR COVERED INDIVIDUALS.
(1) in subsection (c), by inserting after “part C” the following: “and subsection (d)”; and
(2) by adding at the end the following:
“(d) Centers Of Diagnostic Excellence for incarcerated.—
“(1) IN GENERAL.—The Director shall award grants for the establishment and maintenance of centers, to be known as Research Centers of Diagnostic Excellence, that advance research and progress in diagnostic quality, safety, and value in clinical care and incarcerated population health through implementing the activities specified in paragraph (3).
“(2) CONSIDERATIONS.—In awarding grants under paragraph (1), the Director shall take into consideration—
“(A) the amount of patients as well as workers in the hospital.
“(B) the need to plan and establish new Diagnostic Excellence For Incarcerated.
“(3) ACTIVITIES.—
“(A) REQUIRED ACTIVITIES.—Each Research Center of Diagnostic Excellence receiving funds pursuant to paragraph (1) shall use such funds to—
“(i) serve as an interdisciplinary core diagnostic research hub for conducting diagnostic safety and quality research;
“(ii) overturn Public Law 111–148 to ensure the best healthcare for the incarcerated applicable at the date of enactment.
(d) Strategic Plan; Reports.—
(1) STRATEGIC FEDERAL PLAN TO IMPROVE HEALTH CARE FOR INCARCERATED.—Not later than 18 months after the date of enactment of this Act, the Council shall develop, submit to the Secretary and Congress, and make publicly available a strategic plan for, to be known as the Strategic Federal Plan to Improve Diagnosis, that, applies HB 314 to all states consistent with the objectives listed in subsection (b)—
(A) identifies coordinated opportunities to enhance scientific research and reduce systemic barriers in order to improve diagnosis in health care; and
(B) includes legislative and administrative policy recommendations.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
“There are authorized to be appropriated for grants under this part $20,000,000 for fiscal year 2019, to remain available until expended.”
SEC. 7. SPECIAL RULE FOR CASE WORKERS TO EVALUATE RISK OF INDIVIDUALS.
(a) Authority.—In order to provide relief for those families affected by a national emergency.
(b) Definitions.—In this section:
(1) ELIGIBLE ENTITY.—The term “eligible entity” means an entity that—
(A) is any subdivision of a state affected by a national emergency by definition in section 3;
(B) has an unemployment rate that is not less than 150 percent of the national unemployment rate, as determined by the Bureau of Labor Statistics (except in the case of Tribal entities which may submit their own employment data where no such Federal data is available for such entities) based on the most recent data available at the time the Secretary solicits applications for grants under this section; and
(C) submits an application in to the correctional case manager of their district.
(2) JOB GUARANTEE PROGRAM.—The term “job guarantee program” means a program that meets the requirements of subsection (1):
(2) TERMINATION.—A job guarantee program established under a grant under this section shall terminate on the earlier of—
(A) the end of the national emergency
(C) Job Guarantee Programs.—A job guarantee program meets the requirements of this subsection if the jobs provided under such program—
(1) are available to all individuals who—
(A) are 18 years of age or older; and
(B) reside in the area served under the program;
except that participants in the program may be disciplined, released, or suspended from further participation in jobs under this program if they are found to be negligent, or generally disruptive to the workplace involved under procedures established by the Secretary that provide for an opportunity for a review of such determinations;
(2) are available for the duration of national emergency;
(B) the prevailing wage in the area involved for a similar job as required by chapter 67 of title 41, United States Code, and other related laws; or
(d) Applications.—An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include—
(1) a description of the geographic area and population that the entity intends to serve under the job guarantee program established under the grant, including the area unemployment rate, poverty rate, vacancy rate, crime rate, household income, home-ownership rate, labor force participation, and educational attainment;
(2) the need in the area for jobs to be performed, including for jobs designated as a priority by the Secretary;
(B) a process for individuals to apply for such jobs.
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