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Public Health and Other Related Provisions in P.L 115-271, the SUPPORT for Patients and Communities Act [December 3, 2018]
"On October 24, 2018, President Donald J. Trump signed into law H.R. 6, the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (P.L. 115-271; SUPPORT for Patients and Communities Act, or the SUPPORT Act). The final agreement on the bill was approved by the House 393-8 on September 28, 2018, and cleared by the Senate by a vote of 98-1 on October 3, 2018. Over the past several years, there has been growing concern among the public and lawmakers in the United States about rising drug overdose deaths. Opioid overdose deaths, in particular, have increased significantly in the past 15 years. In 2015, an estimated 33,091 Americans died of opioid-related overdoses. Provisional data for 2017 estimate 49,068 deaths involving opioids, representing a fourfold increase over 2002 during the beginning of the epidemic. In October of 2017, President Trump declared the opioid epidemic a national public health emergency."
Library of Congress. Congressional Research Service
Heisler, Elayne J., 1976-; Duff, Johnathan H.; Bradley, David H. . . .
2018-12-03
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Prisoners' Eligibility for Pell Grants: Issues for Congress [May 20, 2019]
From the Summary: "Under Department of Education (ED) regulations, any student who is 'serving a criminal sentence in a federal or state penitentiary, prison, jail, reformatory, work farm, or other similar correctional institution' is not eligible to receive a Pell Grant. However, in 2015 ED used its authority under the Higher Education Act (HEA) to create the Second Chance Pell Experiment to determine if access to Pell Grants would increase the enrollment of incarcerated individuals in high-quality postsecondary correctional education programs. Under the experiment, participating institutions of higher education, in partnership with federal and/or state correctional institutions, award Pell Grants to students who are otherwise Pell-eligible except for being incarcerated in a federal or state institution. The experiment is expected to conclude in 2020."
Library of Congress. Congressional Research Service
Dortch, Cassandria; James, Nathan
2019-05-20
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Community Oriented Policing Services (COPS) Program [Updated May 21, 2019]
From the Document: "The Community Oriented Policing Services (COPS) program was created by Title I of the Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322, 'the 1994 Crime Act'). COPS grants are managed by the COPS Office, which was created in 1994 by the Department of Justice (DOJ) to oversee the COPS program. The mission of the COPS Office is to advance the practice of community policing through information sharing and grant resources. According to the COPS Office, it awards grants to 'hire community policing professionals, develop and test innovative policing strategies, and provide training and technical assistance to community members, local government leaders, and all levels of law enforcement.'"
Library of Congress. Congressional Research Service
James, Nathan
2019-05-21
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program [Updates May 22, 2019]
From the Document: "The Edward Byrne Memorial Justice Assistance Grant (JAG) program is a Department of Justice (DOJ) formula grant program. The JAG program allocates funds to the 50 states, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, America Samoa, and the Northern Mariana Islands (collectively referred to as 'states' hereinafter) for a variety of state and local criminal justice initiatives.The program is administered by the Bureau of Justice Assistance (BJA)."
Library of Congress. Congressional Research Service
James, Nathan
2019-05-22
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Programs to Collect Data on Law Enforcement Activities: Overview and Issues [July 6, 2020]
From the Summary: "The death of George Floyd in Minneapolis, MN,while he was in the custody of law enforcement, and several other recent high-profile deaths of African Americans at the hands of police, have generated interest in legislation to reform policing practices. Two major pieces of legislation that contain police reform proposals are before Congress: H.R. 7120, the George Floyd Justice in Policing Act of 2020--passed by the House on June 25, 2020--and S. 3985, the Just and Unifying Solutions to Invigorate Communities Everywhere (JUSTICE) Act. Each bill would establish programs to collect data on a variety of policing activities, such as the use of force, racial profiling, the use of no-knock warrants, and in-custody deaths. In some cases, state and local law enforcement agencies would report these data directly to the Department of Justice (DOJ). In other instances, states would be required to establish systems for collecting required data and reporting them to DOJ. Both pieces of legislation would provide incentives for state and local governments to report data by attaching conditions to the Edward Byrne Memorial Justice Assistance Grant (JAG) or the Community Oriented Policing Services (COPS) programs."
Library of Congress. Congressional Research Service
James, Nathan; Finklea, Kristin
2020-07-06
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Federal Prisoners and COVID-19: Background and Authorities to Grant Release [Updated April 2, 2020]
From the Document: "On March 18, 2020, the American Civil Liberties Union (ACLU) sent a letter to Attorney General William Barr and Bureau of Prisons (BOP) Director Michael Carvajal asking them to release federal prisoners who might be at risk of serious illness due to coronavirus disease 2019 (COVID-19) infection and to reduce the intake of new prisoners to reduce overcrowding. The ACLU called on BOP to utilize authorities granted to it, such as compassionate release and home confinement for elderly offenders, to reduce the number of at-risk prisoners in the federal prison system. The ACLU also asked the Department of Justice (DOJ) to direct the U.S. Marshals Service (USMS) to release from custody any individuals who are at risk of serious illness related to COVID-19, such as those who are elderly and/or have chronic health conditions. Multiple Members of Congress have additionally urged DOJ and its BOP to take steps 'to reduce the incarcerated population and guard against potential exposure to coronavirus,' and legislation has been introduced that would require the release of some prisoners during a national emergency relating to a communicable disease."
Library of Congress. Congressional Research Service
James, Nathan; Foster, Michael A. (Legislative attorney)
2020-04-02
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Operation Legend: Department of Justice Assistance to Curb Increases in Violent Crime [July 31, 2020]
From the Document: "On July 22, 2020, Attorney General (AG) William Barr announced that the Department of Justice (DOJ) was expanding Operation Legend--which started in Kansas City, MO, on July 8, 2020--to Chicago, IL, and Albuquerque, NM. As a part of Operation Legend, DOJ plans to send agents from the Federal Bureau of Investigation (FBI); the U.S. Marshals Service (USMS); the Drug Enforcement Administration (DEA); and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to these cities to work in conjunction with state and local law enforcement to address violent crime. The Department of Homeland Security's (DHS's) Homeland Security Investigations also is to participate in Operation Legend. On July 29, 2020, AG Barr announced that DOJ would send additional agents to Detroit, MI; Cleveland, OH; and Milwaukee, WI, in a further expansion of Operation Legend. DOJ is also providing grant funding to the cities targeted for Operation Legend. State and local law enforcement agencies have worked with federal law enforcement in the past on a variety of task forces, and federal law enforcement assistance is usually welcome. However, in Portland, OR, in a DHS operation (Operation Diligent Valor), which is separate from Operation Legend, there have been reports of DHS law enforcement officers in military-style uniforms having detained protestors and placed them in unmarked vehicles. These reports have raised concerns about how DOJ and DHS agents deployed under Operation Legend might operate."
Library of Congress. Congressional Research Service
James, Nathan
2020-07-31
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Health Care for Federal Prisoners [August 26, 2020]
From the Document: "This In Focus provides a brief overview of how the Bureau of Prisons (BOP) provides medical care to prisoners in its custody. BOP operates 122 prisons across the country, and at of the end of FY2019 there were approximately 177,000 prisoners under BOP's jurisdiction, making BOP one of the largest correctional systems in the country. Under 18 U.S.C. Section 4042(a), BOP is required to 'provide for the safekeeping, care, and subsistence of all persons charged with or convicted of offenses against the United States, or held as witnesses or otherwise.' 18 U.S.C. Section 4048 governs fees for health care services provided to prisoners. However, the manner in which BOP provides health care services to prisoners is largely dictated by regulations and policy statements rather than statutory law. The relevant regulations can be found in Title 28, Part 549 of the 'Code of Federal Regulations', and the relevant BOP policy statements are PS 6010.05, Health Services Administration, and PS 6031.04, Patient Care."
Library of Congress. Congressional Research Service
James, Nathan
2020-08-26
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Department of Justice's Coronavirus Emergency Supplemental Funding Program [April 16, 2020]
From the Document: "The Coronavirus Aid, Relief, and Economic Security Act (CARES Act, P.L. 116-136) provided $850 million to the Department of Justice (DOJ) to be awarded to state and local governments to help them 'prevent, prepare for, and respond to coronavirus, domestically or internationally.' DOJ is awarding this funding under its Coronavirus Emergency Supplemental Funding (CESF) program, which is being administered by the Bureau of Justice Assistance (BJA)."
Library of Congress. Congressional Research Service
James, Nathan
2020-04-16
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Policing Reform Legislation: Conditions on Funding and New Authorizations [June 25, 2020]
From the Document: "The death of George Floyd in Minneapolis, MN, while in the custody of law enforcement, along with several other high-profile deaths of African Americans at the hands of the police (including Eric Garner in Staten Island, NY; Philando Castile in Falcon Heights, MN; and Breonna Taylor in Louisville, KY), have served as the catalyst for protests against police violence in cities across the country. These deaths and the resulting protests have spurred interest in policing reform legislation in Congress. On June 8, 2020, Representative Karen Bass introduced the George Floyd Justice in Policing Act of 2020 (H.R. 7120). Ten days later, Senator Tim Scott introduced the Just and Unifying Solutions to Invigorate Communities Everywhere Act of 2020 (JUSTICE Act; S. 3985). [...] This report provides an overview of the new conditions that would be placed on existing grant programs and the authorizations for new grant programs contained in both pieces of legislation. The report does not discuss provisions of either bill that do not establish new requirements for state and local governments or authorize new funding (e.g., proposals to make lynching a federal crime or to make the use of chokeholds a federal civil rights violation)."
Library of Congress. Congressional Research Service
James, Nathan
2020-06-25
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Proposals for Systems of Records on 'Wandering Officers' [June 25, 2020]
From the Document: "Two major policing reform bills before Congress would attempt to reform law enforcement practices, especially practices that are considered to be biased against people of color. The two bills, H.R. 7120 and S. 3985, would, among other things, require state and local governments to report data on the use of force, promote the use of body-worn cameras, expand de-escalation training, and reduce racial profiling. Both pieces of legislation would also attempt to curb so-called 'wandering officers' (i.e., law enforcement officers who are fired or resign under threat of termination but are later hired by another law enforcement agency, often in another state)."
Library of Congress. Congressional Research Service
James, Nathan
2020-06-25
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Public Trust and Law Enforcement-- A Discussion for Policymakers [Updated July 13, 2020]
From the Summary: "Several high-profile incidents where there have been complaints of the use of excessive force against individuals and subsequent backlash in the form of civil unrest have generated interest in what role Congress could play in facilitating efforts to build trust between the police and the people they serve. This report provides an overview of the federal government's role in local police-community relations."
Library of Congress. Congressional Research Service
James, Nathan; Finklea, Kristin; Novak, Whitney K. . . .
2020-07-13
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Criminal Records Expungement and the Marijuana Opportunity Reinvestment and Expungement (MORE) Act of 2019 [September 18, 2020]
From the Document: "The Marijuana Opportunity Reinvestment and Expungement (MORE) Act of 2019 (H.R. 3884; S. 2227) would expunge the criminal records of convictions for qualifying federal marijuana offenses and all related arrests for individuals no longer serving a criminal justice sentence. Most of these offenses fall under the Controlled Substances Act, but Section 2 of both the House and Senate bills references other federal marijuana offenses in Title 16 and Title 18 of the U.S. Code. The bills would require each federal district court, within one year of enactment of the bill, to issue an order expunging records of convictions or adjudications for juvenile delinquency and related arrests for federal marijuana offenses entered into, on, or after May 1, 1971, up until the day the bill is enacted. Also, the bills would allow anyone who has been convicted or adjudicated delinquent for a marijuana offense and is not currently serving a sentence to petition the court for expungement, which would allow for convictions and associated arrests to be expunged before the end of the one-year review period. [...] The MORE Act would allow those currently serving a sentence for a federal marijuana offense to petition a court for resentencing as if the penalty for their marijuana offense was not in effect at the time of their initial sentencing."
Library of Congress. Congressional Research Service
James, Nathan; Sacco, Lisa N.
2020-09-18
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Federal Prisoners and COVID-19: Background and Authorities to Grant Release [Updated April 23, 2020]
From the Summary: "There is concern that coronavirus disease 2019 (COVID-19) could quickly spread among federal prisoners and prison staff because of the nature of the prison environment. Prisons are places where hundreds of prisoners and staff are living and working in close proximity to each other and where they are forced to have regular contact. Prisons are generally not conducive to social distancing. Also, prison infirmaries typically do not have the resources available to most hospitals, such as isolation beds, that would help prevent the spread of the disease. There are also concerns that if prison staff were hard hit by COVID-19, a significant number of staff would require quarantine; they would be unavailable to perform their duties, including providing care to sick prisoners; and the disease could spread."
Library of Congress. Congressional Research Service
James, Nathan; Foster, Michael A. (Legislative attorney)
2020-04-23
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What Role Might the Federal Government Play in Law Enforcement Reform? [Updated June 1, 2020]
From the Document: "Over the past few years, several high-profile police-involved shootings and alleged instances of excessive force have generated congressional interest in state and local policing. Congressional interest in policing reform revolves primarily around the public's confidence in the police and accountability for excessive use of force. What role should Congress play in facilitating efforts to bolster confidence in the police? Should Congress seek to improve law enforcement's accountability regarding the excessive use of force? These questions are bounded by limits of congressional authority."
Library of Congress. Congressional Research Service
James, Nathan; Harrington, Ben
2020-06-01
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Police Accountability Measures [June 11, 2020]
From the Document: "A series of high-profile deaths of people of color at the hands of law enforcement personnel have generated interest among policymakers about what steps could be taken to promote police accountability. In the wake of these high-profile deaths, policymakers have shown increased interest in considering legislation that would promote police accountability for the use of excessive force. The 21st Century Policing Task Force (Task Force), established by Executive Order 13684 in 2015 in response to a number of serious incidents between law enforcement and members of the communities they serve, recommended a series of actions that would help law enforcement agencies establish a culture of transparency and accountability in order to build public trust and legitimacy. This In Focus provides an overview of some frequently proposed measures, many of which were recommended by the Task Force, that policymakers could consider if they move forward with legislation to promote accountability in policing."
Library of Congress. Congressional Research Service
James, Nathan
2020-06-11