facilities. (b) Program eligibility (1) In general Eligible applicants under this section are States and units of local government that release or have a plan to release the persons described in paragraph (2) from custody in order to meet 80 percent of the rated capacity of a correctional facility, within 60 days of the declaration of a national emergency issued by the President, dated March 13, 2020, entitled Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Outbreak . (2) Persons described A person described in this paragraph is a person who— (A) does not pose a risk of serious, imminent injury to a reasonably identifiable person