S. 3271Senate117th Congress (2021-2023)In Committee

Criminal Judicial Administration Act of 2021

AI-Generated Summary

Updated February 8, 2026 at 8:16 AM UTC

The Criminal Judicial Administration Act of 2021 updates federal criminal law to help indigent defendants cover the costs of traveling to and from court, including lodging and food, and to broaden the role of magistrate judges. It lets judges order transportation and subsistence when a defendant is deemed indigent, and it permits magistrate judges to rule on all post‑judgment motions in petty‑offense and misdemeanor cases, such as habeas corpus and competency matters. The changes affect federal criminal defendants who cannot afford travel expenses and the magistrate judges handling those cases.

Key Provisions

Amends the transportation provision so that judges can order travel, lodging, and food for defendants who are indigent or cannot afford transportation, and requires return travel to the defendant’s arrest location or residence.
Expands magistrate judges’ authority to decide all post‑judgment motions—including habeas corpus, coram nobis, 28 U.S.C. § 2255 petitions, and competency motions—in petty‑offense and misdemeanor cases where the defendant has consented to a magistrate judge.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary. (text: CR S8782)

Judiciary Committee

November 29, 2021

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SenateIntro Referral

Introduced in Senate

November 29, 2021

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text: CR S8782)

Judiciary Committee

November 29, 2021

Floor Debate

2 members

What members said about S. 3271 on the floor

2 Democrats

Sen. Alex PadillaD-CA · Nov 29, 2021

Mr. President, I rise to introduce the Agua Caliente Land Exchange Fee to Trust Confirmation Act. This legislation would place certain lands into trust for the Tribe in order to finally allow the…

Mr. President, I rise to introduce the Agua Caliente Land Exchange Fee to Trust Confirmation Act.

This legislation would place certain lands into trust for the Tribe in order to finally allow the Agua Caliente Band of Mission Indians to manage these lands that are of special, cultural value to their people .

Land that has traditionally been held by Agua Caliente has been divided into a checkerboard between the Tribe, Federal Government, and private landowners.

In 1999, the Bureau of Land Management and Agua Caliente entered into an agreement to acquire and exchange lands within what would become the Santa Rosa and San Jacinto Mountains National Monument. In 2000, legislation was enacted to establish the monument and authorize the land exchange.

For 17 years, Agua Caliente worked with the Bureau of Land Management to finalize an agreement to exchange the lands that are addressed by this legislation, and in March 2019, the land exchange was finalized. However, since the original legislation didn't expressly address the status of land transferred to the Tribe, the lands covered in this bill were not placed in trust. My legislation would correct that and provide the fix to finally place the exchanged land into trust and made part of Agua Caliente's reservation.

This bill represents the final step to complete the original 1999 agreement between Agua Caliente and the Bureau of Land Management.

Importantly, enactment of this legislation would allow for improved land management and allow Agua Caliente to manage these lands that have a longstanding cultural and natural resource value to the Cahuilla people.

The land is in a remote wilderness area within the Santa Rosa and San Jacinto Mountains National Monument, and the Tribe will manage the land as conservation lands similar to how it is managed by the Bureau of Land Management.

I thank Congressman Ruiz for his partnership on this effort and for his commitment to honoring the Federal Government's trust responsibility. I also thank the bipartisan Members of the House who have supported this legislation and Senator Feinstein for coleading this effort with me in the Senate.

I look forward to working with my colleagues to enact the Agua Caliente Land Exchange Fee to Trust Confirmation Act as quickly as possible.

Sen. Richard J. DurbinD-IL · Nov 29, 2021

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Richard J. DurbinD-IL · Nov 29, 2021

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued November 29, 2021

117th CONGRESS

1st Session

S. 3271

IN THE SENATE OF THE UNITED STATES

November 29, 2021

Mr. Durbin (for himself and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to provide for transportation and subsistence for criminal justice defendants, and for other purposes.

Short title

This Act may be cited as the Criminal Judicial Administration Act of 2021.

Transportation and subsistence for criminal justice act defendants

Section 4285 of title 18, United States Code, is amended in the first sentence—

(1)

by striking when the interests of justice would be served thereby and the United States judge or magistrate judge is satisfied, after appropriate inquiry, that the defendant is financially unable to provide the necessary transportation to appear before the required court on his own and inserting when the United States judge or magistrate judge is satisfied that the defendant is indigent based on appointment of counsel pursuant to section 3006A, or, after appropriate inquiry, that the defendant is financially unable to provide necessary transportation on his own;

(2)

by striking to the place where his appearance is required, and inserting (1) to the place where each appearance is required and (2) to return to the place of the person’s arrest or bona fide residence,; and

(3)

by striking to his destination, and inserting which includes money for both lodging and food, during travel to the person’s destination and during any proceeding at which the person’s appearance is required.

Effective use of magistrate judges to decide postjudgment motions

Section 3401 of title 18, United States Code, is amended—

(1)

in subsection (b)—

(A)

in the second sentence, by striking and after trial, judgment,;

(B)

in the second sentence, by inserting , and rulings on all post-judgment motions after sentencing;

(C)

in the third sentence, by striking and after trial, judgment,; and

(D)

in the third sentence, by inserting , and rulings on all post-judgment motions after sentencing;

(2)

in subsection (c), by striking , with the approval of a judge of the district court,; and

(3)

by inserting after subsection (i) the following:

(j)

A magistrate judge who exercises trial jurisdiction under this section, in either a petty offense case or a misdemeanor case in which the defendant has consented to a magistrate judge, may also rule on all post-judgment motions in that case, including but not limited to petitions for writs of habeas corpus, writs of coram nobis, motions to vacate a sentence under section 2255 of title 28, and motions related to mental competency under chapter 313 of this title.