7/28/2023 0 Comments Due process right to privacy![]() A recent Bureau of Justice Statistics report on local jails indicated that fatal drug overdoses are the fastest growing cause of death amongst incarcerated individuals, and the median time served before a drug or alcohol intoxication death was just one day. In 2021, just 12% of jails and prisons offered medications for opioid use disorder (MOUD). Despite nearly 60% of incarcerated individuals having a substance use disorder, most go untreated. Almost sixty years later, the MIEP has become a significant barrier to accessing substance use disorder treatment in correctional facilities. 1905(a)(A) of the Social Security Act, decades before the current overdose crisis began. The policy also prevents incarcerated veterans from receiving hospital and outpatient care in local jails from the Department of Veterans Affairs. This means that incarcerated individuals awaiting trial in a jail cannot receive most Medicaid services. Currently, the “Medicaid inmate exclusion policy” (MIEP) prohibits the use of federal funds and services for medical care for “inmates of a public institution.” This policy prevents Medicaid-eligible incarcerated individuals, regardless of whether they have been convicted, from receiving services funded by Medicaid. This critical legislation would allow pre-trial incarcerated individuals to receive medical services supported by Medicaid. 2023-Due Process Institute and a diverse group of stakeholders endorsed the Due Process Continuity of Care Act (H.R. It’s high time for Congress to step in and enact these reforms that will safeguard Americans’ rights and business interests. These measures would both protect Americans’ privacy and address the threat that Section 702 surveillance poses to U.S. ![]() Congress also should remove barriers to judicial review and establish limits on bulk collection, as described above. These protections should include limits on bulk collection, which poses unique threats to Americans’ privacy a warrant requirement for backdoor searches of EO 12333 data and oversight by Congress and the FISA Court.įinally, Congress should enact limits that will prevent the targeting of ordinary private citizens who are unlikely to be communicating information about foreign threats. Accordingly, Congress should legislate basic protections for any EO 12333 surveillance that impacts Americans. Third, any surveillance that results in the collection of Americans’ communications and other sensitive data should take place pursuant to statute and with oversight by Congress and the courts. ![]() And it should correct the Supreme Court’s misreading of FISA by clarifying that federal courts may review surveillance materials in civil cases. An amendment that would have implemented these measures, offered by Senators Leahy and Lee, passed the Senate by a vote of 77-19 in 2020.9 Congress also should prohibit the government’s use of “parallel construction” to avoid notice obligations. Second, Congress should strengthen FISA’s amici provisions by giving amici better access to relevant information and by encouraging appointment of amici in cases involving sensitive targets such as religious or political organizations, candidates for public office, and the media. Congress should require agencies to obtain a warrant (in criminal investigations) or a FISA Title I order (in foreign intelligence investigations) before searching Section 702-acquired information for Americans’ communications. Congress can address the use of Section 702 to spy on Americans, the barriers to judicial review, the vast government collection personal communication data with no statutory limits, and the economic and privacy impact of overbroad surveillance through these reforms and solutions:įirst, lawmakers must put a stop to the government using Section 702 as an end-run around Americans’ constitutional rights. In 2022 alone, the FBI conducted over 200,000 warrantless searches of Section 702 communications to find Americans’ information. Since Section 702 was last reauthorized, a series of disclosures has revealed the extent of this problem. Section 702 reform is urgent as it has become a rich source of warrantless government access to Americans’ phone calls, texts, and emails. June 12, 2023-Due Process Institute and a coalition of civil rights organizations urged Congress to not reauthorize Section 702 without critical reforms ahead of the Senate Judiciary hearing on June 13.
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