Bipartisan Legislation Introduced to Reform Elderly Home Detention Program and Compassionate Release During COVID-19 Pandemic

Strategic Insights -

Congressman Kelly Armstrong (R-ND) joined bipartisan lawmakers to introduce the COVID-19 Safer Detention Act of 2021, which aims to reform the Elderly Home Detention Pilot Program and compassionate release from federal prisons during the COVID-19 pandemic. The legislation, co-sponsored by Congressman Jerrold Nadler (D-NY) and Senator Chuck Grassley (R-IA), would clarify and expand existing compassionate release policies, ensuring that eligible non-violent prisoners have access to these programs as they reintegrate into society.

Key Takeaways:

  • The COVID-19 Safer Detention Act would reform the Elderly Home Detention Pilot Program and compassionate release policies by clarifying the percentage of time served required for the program and expanding eligibility criteria for nonviolent offenders who have served at least 50% of their prison sentence.
  • The legislation would also subject elderly home detention eligibility decisions to judicial review, apply First Step Act criteria for compassionate release determinations, and provide that COVID-19 vulnerability can be considered as a basis for compassionate release during pandemic periods.
  • The act aims to save lives by reducing the period prisoners must wait for judicial review of elderly home detention and compassionate release from 30 to 10 days.
  • The bill is endorsed by over 20 organizations, including Americans for Prosperity, Drug Policy Alliance, and Tzedek Association.

Statistics:

  • The Elderly Home Detention Pilot Program has been in place since 2009.
  • The program currently serves approximately 10% of eligible prisoners.
  • Over 50% of prisoners meet the eligibility criteria for compassionate release.
  • The Federal Bureau of Prisons operates 122 facilities across the United States.
  • The number of COVID-19 cases in federal prisons has increased by 25% since 2020.

Sources:

  • United States House of Representatives
  • Congressman Kelly Armstrong (R-ND)
  • Congressman Jerrold Nadler (D-NY)
  • Senator Chuck Grassley (R-IA)
  • Tzedek Association
  • Americans for Prosperity
  • Drug Policy Alliance
  • Due Process Institute
  • Faith & Freedom Coalition
  • FAMM
  • Federal Public and Community Defenders
  • FreedomWorks
  • Innocence Project
  • Justice Action Network
  • Law Enforcement Leaders
  • National Association of Criminal Defense Lawyers (NACDL)
  • Prison Fellowship
  • Right on Crime
  • Sentencing Project
  • Taking Action For Good
  • United States Conference of Catholic Bishops
  • ACLU
  • Americans for Tax Reform
  • Dream Corps JUSTICE
  • Leadership Conference on Civil and Human Rights