A quick note, as we wrap up our series on flattening the curve in the justice system: 

We started this series with the goal of elevating best practices, and showing how proactive, humane responses to the pandemic could protect both public safety and public health. As the months went by, we also shared stories of where the system had fallen short, often with tragic consequences. 

Putting together the daily, then weekly updates meant reading thousands of heartbreaking stories. While I was recovering from my own case of coronavirus, I read about COVID patients in the Washington, D.C. jail, just across town, who were restricted to their cells, not allowed to shower or change clothes until they had recovered. While I worried about my Dad and Aunts and Uncles, I read about older people being denied compassionate release, housed in open dorms and kept up at night by the sound of coughing. While I stayed safely in my apartment, I read about correctional officers reusing masks until the straps fell off. 

Some of the stories will stay with me. Andrea High Bear, who delivered a baby while she was on a ventilator, just days from her death. Fabian Tinsley, whose family searched for answers for months, only to find he had been buried in an unmarked grave near FCI Butner. Lieutenant Delmar Dean, who served for 26 years with the West Virginia Division of Corrections and Rehabilitation before contracting the virus that would kill him. Susan Deem, who is still waiting on a trial of the man accused of killing her son. Many of the stories came without names, just a list of deaths, sometimes with an age, sometimes with a criminal record, sometimes with a note about a preexisting condition. 

The pandemic brought the problems of the criminal justice system into stark relief and illustrated the importance of empathy, as some people were treated with dignity while others languished in sickness and squalor. And it drew our attention to the dangers facing incarcerated people held in overcrowded, dilapidated buildings, illuminated by an offhand comment from a doctor about a state prison that was older than germ theory.

At the same time, it showed what could be accomplished in a crisis: prosecutors and defense attorneys collaborated on a safe, swift, and historic reduction in prison and jail populations; correctional officers and incarcerated people joined together to advocate for better living and working conditions; judges adopted new technology to preserve access to the courts; young people in prison fought for their right to education; and incarcerated people stepped up to replace volunteers in prison hospices, risking their own health to provide comfort to the sick and dying. 

As prisons and jails reopen, there will be a desire in some corners to return to normalcy, but we must also learn from this experience and adopt the changes that can prevent future tragedies. 

Across the country, we saw that many people who would have been detained could be given a citation, or allowed to remain in the community before trial. We saw that thousands of people in prisons who were elderly or medically vulnerable could be transferred to home confinement without threatening public safety. And we saw a recognition that prisons and jails are not closed systems, that the health and safety of those inside affects the lives of those outside. On these and many other issues, we should not return to normal. The thousands of men and women who died because they lived or worked in our justice system demand that much from us. 

Our team will continue to advocate for reforms that apply the lessons of the pandemic, and use this hard-won knowledge to create a fairer, more humane, more effective, and more efficient justice system. We will also continue to provide updates on the impact of the COVID-19 pandemic in the form of occasional features in Jenna Bottler’s “Five Things” emails on Fridays. If you are not already a subscriber, you can sign up here, and read previous installments from Jenna here.

June 21

At least 18 of the people who died after contracting COVID-19 in Texas prisons in 2020 had already been approved for parole. Another 24 died from non-COVID-related reasons after approval and before release. The Texas Board of Pardons and Paroles requires parole grantees to complete three to 18 months of educational or rehabilitative programming before release. During the pandemic, many of those required classes were unavailable or were suspended during lockdowns. April data from the Texas Department of Criminal Justice showed that 10,800 people in prisons had been approved for parole; more than a quarter had been granted parole at least six months earlier, and almost 900 had been waiting for a year or more. “The parole system is built to give inmates the highest possible chance to succeed in their reintegration into society,” said TDCJ spokesman Jeremy Desel, who pointed to the state’s lower recidivism rates. “And the way our parole system works and has been working in Texas is a success story.”  

Five people have been granted early release from the Hawaii Community Correctional Center, as part of an effort to reduce overcrowding and slow the spread of an outbreak. Nearly 200 incarcerated people have tested positive since May 24, and seven employees have active cases. “Not only are individuals being exposed to the effects of this potentially life-threatening and long-lasting virus, but there’s also the effects of people being in an overcrowded prison afraid for their lives,” said Deputy Public Defender Patrick Munoz. “It’s like they’re on a sinking ship.”  

A federal judge ruled this week that Washington, D.C. had 15 days to provide incarcerated students with special-education services. Roughly 40 students, aged 18 to 22, participate in the Inspiring Youth Program, operated by the D.C. Public Schools. The injunction from U.S. District Judge Carl Nichols came two months after a group of those students filed a class-action suit alleging that they were given inadequate education during the pandemic, with irregularly delivered work packets and no live instruction, either virtually or in-person. As part of Judge Nichols’ order, city officials must document the special needs of each student and ensure that their needs are met while the city finds a new education service provider. 

Virginia is ending its pandemic-related early release program on July 1. The program, which applied to people with less than one year left on their sentence, led to the release of 1,326 people from state prisons and 788 from local jails. “The early release plan was an innovative way to ensure the safety and security of our incarcerated population as well as the public,” said Brian Moran, Secretary of Public Safety and Homeland Security. Neary 70% of people held in Virginia prisons have been vaccinated, and there are no active cases among incarcerated people. 

South Carolina prisons began to allow in-person visitation this weekend, with vaccines required for both incarcerated people and visitors. Each of the four prisons that offered visits this week had higher vaccination rates than the state prison system as a whole. “Having a population where the majority have had the vaccine is going to make a big difference on which institutions get in-person visits,” said Corrections Director Bryan Stirling. Across all state prisons, 58% of people have been vaccinated, and there are 42 active infections.
 
June 14

More than 20% of federal compassionate release petitions were granted last year, but a person’s chances of approval varied depending on their court. In Oregon, federal judges granted 68.5% of requests, while in the Southern District of Mississippi, just 4.8% of requests were granted. Results also varied within states: requests from North Carolina’s Eastern District were more than ten times as likely to be granted as those in the Western District. Some of the disparity is driven by a lack of guidance from the U.S. Sentencing Commission, which hasn’t had a quorum to act since 2018, when the First Step Act expanded eligibility for compassionate release. 

In Georgia’s Fulton County, officials were counting on using federal stimulus funds to help address the backlog of criminal cases, currently at 11,000, but recent guidance from the U.S. Department of Treasury may slow down the process. Nothing in the more than 100 pages of guidance explicitly allows state and local governments to use the funds to clear court backlogs driven by COVID-19 shutdowns and precautionary measures. Acting County Attorney Kay Burwell has asked the Treasury Department to approve $60 million dollars for that purpose, but no additional guidance is expected until 60 days after the public comment period ends on July 16. “We will not be able to service the people that were affected by crimes—whether they are victims, the witnesses or accused—if we don’t get extra resources,” said Fulton District Attorney Fani Willis. According to Eryn Hurley, associate legislative director with the National Association of Counties, similar concerns have been raised in Arizona and Utah. 

Wisconsin prisons will allow in-person visitation starting June 16. In their announcement, the Department of Corrections credited the dramatic decline in infections in prisons—down to just 11 active cases statewide—and high vaccination rates. In Indiana, officials are planning a three-phased approach to resuming visitation. The first phase, with attorney in-person client consultations, started last week. The next phase will include volunteers, and the final phase will extend to the general public. Officials have not given a start date for the second or third phase. 

As weekly vaccination rates for correctional officers dwindled in late March, the Colorado Department of Corrections offered a $500 incentive for those who agreed to be vaccinated. Nearly 40% of correctional officers remain unvaccinated, and just one new vaccine was administered the week of June 3. CDOC Director Dean Williams said the department had a moral and legal obligation to increase vaccination rates because “the virus comes from the outside to the inside of the prison.” They continue to hold regular clinics for staff, and have provided paid time off for those who experience vaccine side effects. 

Vermont is the only state whose prison system has avoided COVID-19 fatalities, but its strict lockdown measures may have long-term mental health repercussions. While prisons were under full lockdowns, people were only allowed outside of their cells for 15 minutes per day. “We had to do something that was going to be drastic, but … what’s the lesser of two evils?” said Interim Department of Corrections Commissioner Jim Baker. “And the lesser of two evils was doing what we did, in order for us to be able to stop the spread of the virus.” Baker acknowledged that the lockdowns would have lasting effects. According to Keramet Reiter, associate professor of criminology and law at the University of California Irvine, extended periods of restrictive housing can lead to symptoms that “include hallucination, insomnia, trouble sleeping, trouble modulating your emotions.”

Texas Governor Greg Abbott has removed most of the state’s coronavirus restrictions, but has left in place an emergency order issued last March to prevent some no-cost bond releases and early releases for good conduct. Abbott’s order is not enforced statewide—several local courts have found it violates the state constitution, and some of the state’s largest counties have not changed their good-conduct release practices. Governor Abbott’s pretrial release restrictions do not apply to those who pay money bail.

June 7

Twenty-eight people who had been furloughed from the Northampton County Prison during the COVID-19 pandemic have been ordered to return next month. In April 2020, Pennsylvania Governor Tom Wolf approved temporary transfers to home confinement or halfway houses for people who were serving time for nonviolent offenses. Some of those who were furloughed have since completed their sentences. Those previously held at Northampton who have remaining time on their sentences must report back to prison between July 19 and 21.  

Wednesday was the first day in more than a year that there were no active cases of COVID-19 among people held in Oregon prisons. At least 71% of incarcerated people have been fully vaccinated, a higher rate than the general public in any state or any county in Oregon. The Department of Corrections was ordered to offer vaccines to all people held in their prisons in February, and those who declined the offer were required to meet with a physician to discuss their concerns. According to the DOC, 11% of those who were initially hesitant chose to receive a vaccine after their follow-up meeting. The state does not have a timeline to resume in-person visitation, though officials said there were ongoing discussions with the Oregon Health Authority. 

The Missouri Department of Corrections resumed normal visiting hours last week, allowing people who have been fully vaccinated to see family, friends, clergy, and attorneys. Vaccines are encouraged but not required for visitors. Communications director Karen Pojmann said 55% of people held in state prisons have been vaccinated. The department has not established a metric or timeline for allowing visitation for people who have declined the vaccine. 

Vaccination campaigns in state prison systems have proceeded unevenly, with at least eight states providing vaccines to more than 70% of incarcerated people while others have stalled. More than 80% of people held in Maine prisons have been vaccinated, along with 79.73% in North Dakota, 77.58% in Colorado, and 74.24% in Alaska. “Education is really key,” said Lauren Brinkley-Rubinstein, a professor at the University of North Carolina School of Medicine, who also runs the Covid Prison Project. “Especially in a prison context, where there tends to be a lot of distrust of both health care staff and correctional staff, that educational piece becomes even more important.” In California, where 72.16% of state prisoners have been vaccinated, incarcerated people were able to attend a town hall where medical experts answered questions about vaccine safety. In Kansas, people in prisons were given early access to the vaccine, and prisons provided information on the vaccine to residents and their families. As of May 21, 72.68% of people held in Kansas prisons had received at least one dose of a vaccine. 

At the State Correctional Institution in Somerset, Pennsylvania, several changes made during the pandemic are being adopted permanently. “How we approach corrections today is different than it’s ever been and it will stay that way,” said Superintendent Eric Tice. Last June, officials divided the prison into three containment zones and eliminated three dining halls. The dining halls have been divided and repurposed as treatment and recreation rooms. While residents now eat meals in their cells, they can spend up to 10 hours a day in yard time, virtual visitation, and programs, up from six hours pre-pandemic. In-person contact visitation is expected to resume in July.  

In North Carolina’s Cape Fear region, jails have started to allow in-person visitation. At the New Hanover County Detention Facility, visits will resume by appointment on June 14. Each person will be permitted one 45-minute visit per week, and no children are allowed. At the Pender County jail, no appointments are required. Visits will be limited to 15 minutes, and allowed on a first come, first served basis. 

Nearly 70% of people held at the Orleans Parish jail have been fully vaccinated against COVID-19, along with all employees working at the jail. “Our educational efforts involve a cadre of case managers, nurses, a nurse educator as well as the medical director, giving information about the benefits of vaccination and asking inmates about their willingness to take the vaccine,” said spokesman Phil Stelly. “We’re working on the portion of the population that’s not vaccinated. The benefits to everybody is pretty obvious.” In the state’s prisons, at least 65% of residents have been fully vaccinated and another 4% have received their first dose.

June 1

Kentucky prisons will resume in-person visitation on June 20. Visitors will have to show proof of vaccination. “Remember, this is a setting where if there is a COVID outbreak, we have seen that it can be devastating how quickly it can spread,” said Governor Andy Beshear. “So we are taking precautions while still opening up visitations.” Beshear said he and the Kentucky Department of Corrections wanted to ensure 80% of people in state prisons were vaccinated before resuming visitation; 76% were vaccinated as of Tuesday.

An outbreak at the Torrance County Detention Center has infected more than 100 residents and at least 15 employees in the past ten days. The Estancia, New Mexico facility is operated by CoreCivic, and holds detainees for the Torrance County Sheriff’s Office, the U.S. Marshals Service, and Immigration and Customs Enforcement. A CoreCivic spokesman did not respond to questions about the onset of the outbreak but said the company has “rigorously followed the guidance of local, state and federal health authorities.” Officials from CoreCivic have not contacted the county’s emergency manager or the state’s public health nurse for help in containing the outbreak.

Colorado’s El Paso County agreed to pay $100,000 to settle a lawsuit related to an outbreak that infected more than 1,000 people at the jail. Wellpath, the facility’s medical provider, will pay an additional $30,000. The lawsuit will be dropped without a finding of fault by Sheriff Bill Elder, who agreed to provide incarcerated people with masks and monitor people who have tested positive for COVID-19.

Sixty-one people held at the Hawaii Community Correctional Center tested positive for COVID-19 on Saturday, bringing the total number of active cases at the facility to at least 71. Two of the three housing units have been placed on quarantine, and transfers have been suspended. As of May 17, the Hilo jail was operating at 149% of its capacity.

Sheriffs in North Dakota’s Burleigh and Williams counties will not allow people held in their jails to be vaccinated for COVID-19, despite offers from local health departments to provide vaccinations. Williams County Sheriff Verlan Kvande rejected plans for a mass vaccination at the county correctional center over concerns about overwhelming medical staff with people suffering side effects and ruled out the use of a two-dose vaccine, though they are still evaluating the use of a one-dose vaccine. Burleigh County Sheriff Kelly Leben gave a variety of explanations for blocking vaccines, from potential costs, to concerns about guaranteeing a second shot for people who leave the jail, to the extremely rare side effects linked to the Johnson & Johnson vaccine. He said the jail would provide vaccines for people who are scheduled to be transferred to the state Department of Corrections and Rehabilitation, which has prioritized vaccination for people in custody. As of Tuesday, nearly 73% of people held in state prisons were fully vaccinated. Vaccines have also been offered to people in jails In Fargo, Grand Forks, Jamestown, Minot, and Dickinson for several months.

More than 6,500 people held by the New York Department of Corrections and Community Supervision have tested positive for COVID-19. More people have tested positive in the first five months of 2021 than in the entirety of 2020, despite declining testing rates. While many other state corrections departments provide robust daily dashboards with vaccinations, testing data, infection rates, and fatalities, DOCCS only provides cumulative data on case status, and positive, pending, and negative tests at each prison. Advocates have criticized DOCCS for a lack of consistent and clear information, and suggested that they may be undercounting fatalities. Tracie Gardner, who served as a health official in the Cuomo administration, compared the situation to early, misleading reports on nursing home deaths. “I suspect there will be a similar kind of finding,” she said. “Just as negligent and politically motivated as they were around the nursing homes numbers, it’s going to be the same with prisons.”

As of Tuesday, 47.2% of people held in Wisconsin prisons and youth facilities have been fully vaccinated against the coronavirus. Vaccination rates are higher in correctional facilities than in the state overall, where 41.1% of eligible residents are fully inoculated. Since last spring, 10,766 people in state custody have tested positive for COVID-19, but there were just seven active cases as of Friday.

May 24

As of Friday, 54% of people held in Ohio prisons have been vaccinated, compared to 43% of the state’s general population. Officials have offered incarcerated people $5 per shot for the Moderna vaccine or $10 for the one-shot Johnson & Johnson vaccine, the same incentive structure used in Ohio prisons for flu vaccinations. The state’s Vax-A-Million lottery is not open to people who are incarcerated after having been convicted of a felony, but those held for misdemeanors or before trial are eligible to win. In Oregon, 70% of people in state prisons have been vaccinated, significantly higher than the statewide level of 49%. “A lot of that has to do with our outreach engagement education,” said Oregon Department of Corrections Medical Director Dr. Warren Roberts. “And so we’ve been able to have a much higher acceptance rate than you see in some communities. We are also offering our AICs an ability to meet with a provider to discuss their concerns privately.” 

In Hawaii, a graduation ceremony for correctional officer trainees had to be postponed after half of the recruits tested positive for COVID-19, and one had to be hospitalized. Vaccinations were offered to each of the 40 recruits, but only four were inoculated. A spokeswoman for the Public Safety Department said trainers “strongly encouraged the recruit class to get vaccinated, if they didn’t already voluntarily get the shot, and offered them class time to get it after training started.” 

Since March 2020, Cook County has spent nearly $39 million housing people in the county jail who have been convicted of crimes and sentenced to state prison. “IDOC’s failure to accept its inmates has cost Cook County approximately $38,835,120.00,” Sheriff Tom Dark wrote to the acting head of the Illinois Department of Corrections. “This estimate does nothing to account for the still-undetermined impact housing thousands of persons for IDOC had on the sheriff’s office, CCDOC, and its frontline staff over the last 12 months.” Some of the expenses will be covered by funds from the federal CARES Act. For the remaining balance, corrections spokeswoman Lindsey Hess said the department was “negotiating with the counties on a fair reimbursement rate.” Sheriff Dart reported that 761 people currently held at the jail are awaiting transfer to state prisons. 

In-person visitation restarted this weekend at the State Correctional institution Laurel Highlands in Somerset Township, Pennsylvania. Four other prisons—SCI Waymart, SCI Muncy, SCI Cambridge Springs, and the Quehanna Boot Camp—have announced opening days between now and June 3. “Our mission is to reinstate in-person visits while not significantly increasing the number of infections within our facilities,” said Corrections Secretary John Wetzel. “Reintegrating visitation in a methodical, staggered manner—along with enhanced safety measures—allows the DOC to monitor wastewater testing results and use objective data to ensure facilities have continued success managing COVID-19.” 

District, circuit, and family courtrooms in Christian County, Kentucky, are open to participants starting today, though people will still have the option of appearing remotely through a Zoom feed. For people who are not vaccinated, masks are encouraged but not required in common areas. Judges will have the ability to require masks for people in their courtrooms. In Idaho, judges will determine whether proceedings will be held in-person or remotely on a case-by-case basis. Masks will not be mandatory, but judges will retain the right to require participants to wear masks to protect unvaccinated or immunocompromised people.

May 17

Visitation has resumed in Oklahoma prisons, after being shut down in September due to rising infection rates. Volunteers who teach skills-based classes or provide religious services will be allowed later this month. “Everyone is so ready to get back in,” said Prison Fellowship’s Vanessa Franklin, “and even the DOC is excited to get programming again because it’s such a help.” Classes and religious services will operate at 50% capacity, and volunteers and participants will be required to wear masks.

As of Friday, 52 people held in Jackson County jails had active cases of COVID-19. In all, Sheriff Gary Schuette said 111 of the 198 people held in the southern Michigan jails were either in quarantine or being treated for symptoms. Ten law enforcement officers have also tested positive. The first four incarcerated people who tested positive all worked in food service, and Schuette said the most plausible explanation for the introduction of the virus was through food service contractors. He also noted the possibility that incarcerated people were attempting to contract the virus by licking mail, through the virus cannot be recovered from paper more than three hours after application. “Just going on the idea that it was possible, we eliminated mail coming into the facility only to postcards,” said Schuette. “Then when we receive the postcards we photocopy them and the inmates get a photocopy of the postcard to eliminate that threat.”

To allow for sufficient social distancing in a case with two defendants, a murder trial will be held in the North Dakota Capitol. It is the first time a case in the South Central Judicial District will be heard outside of the courthouse in Bismarck. Eighty members of the public will be allowed to attend the trial, sitting in the second-floor gallery of the chamber of the House of Representatives.

A grand jury found no criminal wrongdoing related to the deaths of six men who contracted COVID-19 while held in Nebraska prisons. The youngest of the men, 54-year-old Henry Huff, died September 18. He was followed by 69-year-old Gregory Broussard on October 18, 65-year-old James Cotton on November 6, 79-year-old Arthur Lyle on November 23, 74-year-old Gary Carter on December 1, and 60-year-old Lawrence White on December 8. Nebraska prisons had the 9th lowest fatality rate in the country, with 11 deaths per 10,000 incarcerated people.

The Alabama National Guard came to the Montgomery County Jail to offer vaccines to the nearly 600 residents, part of a statewide effort to inoculate hard-to-reach populations. “We still have got to treat them as human beings,” said Montgomery County Sheriff Derrick Cunningham, who welcomed the help of the National Guard. “We’ve still got to respect them as human beings. Our job is to secure and to make sure they are safe.”

The city of Topeka, Kansas lifted its mask mandate, though it will remain in place in the Municipal Courthouse and Department of Corrections facilities. In the Shawnee County Courthouse, masks are not required to enter the building, but will be required to enter courtrooms and court-related offices.

The Maryland Department of Corrections is offering snack packages and food to incarcerated people who sign up to receive a vaccine. “This incentive is in addition to the outreach, education, and engagement by trusted leaders that the Department has offered and will continue to offer, to assure our population is well informed as they make this critical healthcare decision,” said spokeswoman Latoya Gray. Of the 18,000 people held in Maryland prisons, 8,348 have received their first dose, and another 4,527 are fully vaccinated.

May 10

The Arkansas Department of Corrections set a goal of vaccinating 80% of its more than 4,700 employees, but just 42% have received at least one dose. Correctional employees were first made eligible for the vaccine on January 5. Vaccination rates are significantly higher at youth correctional facilities: as of Wednesday, 85% of employees had been fully or partially vaccinated. Rite of Passage, the company that manages youth facilities for the state, created a video featuring staff members explaining why they got vaccinated, posted leaflets, asked leadership to encourage vaccination, and contracted with an infectious disease specialist to answer questions.  

Washington prisons allowed in-person visits on Sunday. Incarcerated people are allowed one no-contact, hour-long visit per month. Visits will be scheduled by cohorts based on assigned living units and programs. “The pandemic has been hard on many people, including family members—spouses, parents, and children—of our incarcerated individuals who have not been able to visit in person for over a year,” said Deputy Secretary Julie Martin. “We’re eager to reopen visitation safely to protect visitors, incarcerated individuals and staff, especially on Mother’s Day.” 

After more than a year of a 23-hour-per-day lockdown, people held in the Washington, D.C. jail will now be allowed out of their cells for two hours each day. “I recognize this is a challenging situation, but people who are awaiting their day in court of serving their sentence deserve better,” said D.C. Council Member Charles Allen. Officials said they planned to begin offering limited video visitation by June 7 and will resume barbering and cosmetology programs in June for residents and trainers who are vaccinated. 

An outbreak at the Hancock County Jail in Greenfield, Indiana has led to at least 33 infections and two hospitalizations. The jail, which holds 135 people, had no known COVID-19 cases until April 27. “We kept it out for such a long time,” said Sheriff Brad Burkhart, “and now that it’s in here, that’s the frustrating part on my end.” To prevent further spread, six people who were near the end of their sentences were released early, and people who have tested positive were moved to isolated areas.

Before resuming in-person jury trials, Dallas County spent more than $93,000 to retrofit courtrooms and jury rooms with plexiglass and microphones, and purchase protective equipment for potential jurors and witnesses. The county also spent $771,186 on upgrading or modifying technology during the pandemic, largely focused on providing remote hearing capability. The county conducted 60 trials last year, down from 265 in 2019.  

In New Jersey prisons, overtime costs are expected to reach $65.4 million this year, with $17.7 million attributed to COVID-19 responses. The Federal Emergency Management Agency will reimburse states for overtime costs that are directly related to the pandemic. Corrections Commissioner Marcus Hicks said the increased overtime was driven by staffing quarantine and isolation units, security coverage for incarcerated people who were hospitalized, and replacing employees who were quarantining. 

More than 200 people at Washington’s Monroe Correctional Complex were given expired vaccine doses, though the manufacturer says that should not reduce their effectiveness. During routine quality control checks, officials found that 208 people had received doses that were five days past their “beyond use” date. Health service staff are reviewing protocol to prevent another incident.

May 3

The Westmoreland County Prison Board approved a plan to provide a $25 commissary credit to incarcerated people who receive a vaccine. While most commissary deposits are garnished by 50% to pay for room, board, and court expenses, these vaccine incentives will be credited at 100%. The Greensburg, Pennsylvania prison currently has 24 active cases of COVID-19. In Florida’s Palm Beach County, officials are considering providing Publix gift cards or jail commissary deposits to people who are vaccinated. Their plan is expected to be announced this week. 

The Massachusetts Trial Court is using seven satellite locations to resume jury trials while providing adequate social distancing and ventilation. New trial sites include the Lombardo’s banquet hall in Randolph, the Eastfield Mall Cinemas, the Cape Codder Resort in Hyannis, and the Holiday Inn in Pittsfield. “Whether it’s in this building or the courthouse in Massachusetts, there was not much different except for the environment and the chandelier,” said Quincy District Court Judge Mark Coven, who presided over a motor vehicle homicide trial at Lombardo’s. Officials are hopeful that the larger locations can address concerns about safety among stakeholders and potential jurors. According to a new poll from DecisionQuest, 60% of Americans would be very or somewhat concerned about their health if they were asked to serve on a jury. The plurality of respondents, 47%, said they would not feel comfortable coming to a courthouse to serve as a juror for four months or longer. Just 16% of those polled said they would be comfortable serving on a jury within the next two weeks. 

A 62-year-old man who had been housed at the McCormick Correctional Institution died on April 26. He was the 42nd personheld in a South Carolina prison to die as a result of the coronavirus. Nationwide, two people in prison died from COVID-19 last week, down from a weekly high of 114 in late December. Reported new cases were also down to 632 last week, from a high of 25,604 in mid-December. 

All people held in Wyoming prisons have been offered a vaccine, but the Department of Corrections reported that it is not tracking vaccination rates. Corrections officials are continuing to conduct regular testing of people living or working in prisons. In facilities without an active outbreak, 20% of residents and staff are tested each week. If cases are higher than normal, everyone living or working at the facility will be tested. The department is also testing wastewater at the Wyoming Honor Farm. 

At the end of March, there were 33,600 open felony cases in Cook County, Illinois, up 22% from the same time last year. More than 2,000 people have been held in the Cook County Jail for longer than a year. “The anxiety that our staff has about addressing the backlog is very real,” said Cook County State’s Attorney Kim Foxx. “I have to remind people that these are human endeavors, and our priority is on keeping communities safe.” As of Tuesday, there are 5,778 people held in the jail, 44% higher than the low in May 2020.  

On December 28, Hillsborough County Commissioner Toni Pappas toured the Valley Street Jail in Manchester, New Hampshire. She reported that the condition, security, and management were in order, and recommended no changes. Three days later, Hillsborough County Superior Court Judge Charles Temple said he was “deeply troubled by the cavalier attitude that [the Valley Street Jail] has shown toward its inmates during the COVID-19 pandemic.” Temple called the jail’s quarantine process an “abject failure” and said the jail had exhibited “deliberate indifference” by disregarding the substantial risk posed by the coronavirus. By January 5, at least 100 residents and 27 employees of the jail had tested positive for COVID-19, and the facility would eventually account for 40% of all New Hampshire jail infections. While state law requires biannual jail inspection reports from county commissioners, those reports often lack detail or meaningful oversight. In Sullivan and Grafton counties, the jail administrators had authored their own inspection reports. Grafton County Commissioner Wendy Piper said they would end the practice of self-inspection and ensure that reports are more detailed and reflect the input of staff and incarcerated people. 

The Utah Department of Corrections announced that they will resume in-person visitation, including for volunteer and religious services, in early June. “Through this pandemic the incarcerated have shown great fortitude in adhering to COVID-19 guidelines in order to help slow the spread of the virus,” said Brian Nielson, executive director of the Department of Corrections. The DOC also announced this week that all incarcerated people had been offered at least one COVID-19 vaccine as of Thursday, and at least 2,659 had been fully vaccinated.

April 26

Nearly 20% of people at the Bedford Hills Correctional Facility in New York have active cases of COVID-19. The prison houses pregnant women, as well as women in the postpartum period and their newborns. In the nursery program, one woman and two babies have tested positive, though officials say all are asymptomatic. “[The Bedford Hills outbreak] just shows how COVID-19 in detention facilities is not a moot issue,” said the Legal Aid Society’s Sophie Gebreselassie. “This is a live issue and we still need to be actively pursuing release and decarceration. I don’t think that’s been sufficient in any New York state facility.” 

The Arizona Department of Corrections, Rehabilitation and Reentry has administered nearly 20,000 vaccine doses to incarcerated people, including 13,903 in state-run facilities, and 4,233 in for-profit prisons. As of Friday, the state reported just 16 active COVID cases in prisons, and no prison had more than five active cases. 

The Hawaii Supreme Court ended its COVID-related early release program, which was instituted last spring to try to limit the spread of infection inside correctional facilities. The court said the program was no longer needed, citing a drop in positive cases, increased vaccinations, and improved testing and safety measures. Incarcerated people will still be able to petition for release on an individual basis. Honolulu Prosecutor Steve Alm, who advocated for an end to the program, said his office would continue some precautionary measures adopted during the height of the pandemic, including reducing the use of pretrial incarceration. 

In-person visits will resume at Nevada state prisons on May 1, more than a year after they were suspended. Each resident will be allowed no more than two people at a time, and no children under the age of 5 will be admitted. Visitors will be given a rapid COVID-19 test, and be required to wear a mask. 

At the Iowa State Penitentiary in Fort Madison, 77 people inadvertently received six times the recommended dosage of a COVID-19 vaccine last week. As of Friday, dozens had become ill, but officials described their symptoms as consistent with those who received the proper dosage. Roughly 15% of people held in Iowa prisons have received at least one dose of a vaccine. Several neighboring states had higher vaccination levels—67% of people in South Dakota prisons had received at least one shot by April 6, along with 44% in Minnesota and 24% in Missouri. 

Despite an active outbreak at the Harford County Detention Center, officials have stopped offering virtual attorney-client meetings, and will require in-person meetings. County Warden Daniel Galbraith said the virtual visitation process taxed manpower and created security concerns, but did not provide any information about the nature of those concerns. Public defenders said the virtual visitation procedure was “extremely similar” to the in-person procedure and required equivalent staff involvement. “Even in the absence of a pandemic, [the jail] could not prohibit an attorney from conducting a virtual visit, or consultation by phone, without establishing valid security concerns that would require that restriction,” the Office of the Public Defender wrote in a lawsuit challenging the restriction. The first hearing is scheduled for April 28. 

At the Tippecanoe County Jail in Lafayette, Indiana, Sheriff Bob Goldsmith has eased mask requirements for deputies and staff. Employees are given the option of wearing a mask when they are in secured areas or shared spaces. Masks are still required when staff have individual, direct contact with incarcerated people, or escort them to other locations. Sheriff Goldsmith said they would reconsider the policy if the event of an outbreak. 

April 19

The CDC-recommended pause on administering the Johnson & Johnson vaccine has disrupted plans at some prisons and jails. At the George W. Hill Correctional Facility in Pennsylvania, operated by the GEO Group, a mass vaccination event was planned for Thursday. “We certainly hope that the pause is a temporary one,” said Kevin Madden, Delaware County council member and chair of the jail oversight board. “If the pause lasts too long, then perhaps we can revisit the conversation with GEO about moving to an alternative vaccination.” In New Hampshire’s Cheshire and Rockingham Counties, officials had planned to administer the one-dose vaccine last week. Cheshire County was able to stay on schedule after the state sent replacement Moderna doses Wednesday. Rockingham County is expected to receive replacement doses this week. “Given the inmate length of stay being very unpredictable—either short and/or unpredictable—and wanting to ensure they would get fully vaccinated, the one-dose approach was something that made sense to us,” said Doug Iosue, superintendent of the Cheshire County Jail. Iosue was still optimistic about the two-dose regimen, which provides significant protection after the first dose. Those who are released before their second dose can make an appointment at a community vaccination site. 

Federal and District of Columbia laws require that students with disabilities, including those who are incarcerated, be provided with special education under an Individualized Education Plan until the age of 22. According to a new lawsuit, students with disabilities in the DC jail have only received sporadic work packets and limited individual instruction for more than a year. The lawsuit claims that the packets, which are supposed to replace two weeks of classwork, include roughly two hours of questions. One student’s packets were only dropped off five times between March 23, 2020 and October 23, 2020. “I am fighting for this case so people who are in my predicament can have a chance to succeed,” said Israel F., one of the incarcerated students. “I want to have a better education for myself and others.” 

The North Carolina Department of Public Safety (DPS) reported just 18 active COVID-19 cases among people held at its 55 state prisons. “The hard work is paying off, and the vaccines are making a huge difference,” said Commissioner of Prisons Todd Ishee. “They are working.” More than half of incarcerated people and close to half of employees at the state’s prisons have received at least one dose of a vaccine, but vaccine hesitancy remains high among both groups. Health experts estimate that 90% of staff and residents would need to be vaccinated in order to reach herd immunity. At the current pace, providing 800 first doses per week, that process could take at least seven months.  

Montana’s state-run correctional facilities will reopen for visitors and volunteers later this month, starting with the Montana Women’s Prison in Billings on April 24. The Montana State Prison in Deer Lodge and the Pine Hills Youth Correctional Facility will follow on April 29. Visitors and residents will undergo a symptom and temperature check before meeting. “COVID-19 has thrown many challenges at our facilities and staff, and I’m so proud of the work they have done to keep each other and our inmates safe,” said Corrections Director Brian Gootkin. “Now, it’s time to reunite families with their loved ones.” 

Michael Carvajal, director of the Federal Bureau of Prisons, announced this week that all people held in federal prisons would be offered a COVID-19 vaccine by mid-May. Vaccines have already been offered on a voluntary basis to all employees, and nearly 18,000 have been fully vaccinated. Nearly two-thirds of people held in federal prisons have requested the vaccine. That rate is slightly higher than the share of U.S. adults who have been vaccinated or have said they will do so as soon as possible. 

The Maryland Department of Public Safety and Correctional Services has agreed to provide vaccines to all people held at the Chesapeake Detention Facility in Baltimore, and allow monthly independent inspections of the facility, as part of a settlement of a federal lawsuit. Officials must also provide residents with “clean and sanitized” clothing, enforce social distancing and masking requirements, maintain quarantine and isolation units for people who have been exposed to or tested positive for the coronavirus, and keep the temperature inside those quarantine and isolation units at or above 65 degrees. A February outbreak at the facility, which houses men and women awaiting federal trials, infected more than 150 incarcerated people and 80 employees. “As a society, we have known the steps necessary to stop the spread of COVID-19 for over a year now,” said John Fowler, counsel with the Lawyers’ Committee for Civil Rights Under Law. “Finally, the Chesapeake Detention Facility is going to enact them.” 

April 12

Police in Maine plan to increase targeted enforcement actions on speeding and resume enforcement of minor traffic infractions, including expired registrations and inspection stickers. State police scaled back enforcement of minor violations last spring in an effort to reduce interactions and prevent the spread of infection. State Police Colonel John Cote said his department received increased public complaints about aggressive driving and speeding. “So we really are going to be changing our stance,” he said, “working in partnership with the Maine Bureau of Highway Safety to start trying to get a rein back on some of the dangerous driving that’s been happening.” Despite reduced traffic levels and fewer speed-related accidents, the state saw an increase in road fatalities last year, going from 157 in 2019 to 165 in 2020. 

Nearly one third of people held at the Summit County Jail in Akron, Ohio received the one-shot Johnson and Johnson vaccine this week. Summit County Public Health, which ran the vaccine clinic, plans to return to the jail periodically to offer vaccinations to newly admitted people and those who have previously declined to be inoculated. County Health Commissioner Donna Skoda also reported that there were no active cases of COVID-19 inside jail. 

Jury trials are scheduled to resume in Arkansas in May, with a six-foot distancing requirement that has led some counties to go outside of traditional courtrooms. In Pulaski County, some jury trials will be held at the arts and crafts building at the Arkansas State Fairgrounds, Faulkner County juror orientation will be held at the Conway Expo and Event Center, and jury selection in Baxter County may be held at the fairgrounds in Mountain Home. Pulaski County Circuit Judge Leon Johnson is also considering using communication devices to allow attorneys to conference with the judge, court reporter, or opposing counsel without approaching the bench or allowing the jury to hear. Faulkner County Circuit Judge Charles Clawson has 50 jury trials scheduled for May, though some may be postponed or resolved before trial. “We’re taking certain precautions, but we have to get this done,” said Judge Clawson. “We have several defendants who have been awaiting trial for several months.” 

Corrections officials in Florida said everyone living or working in state prisons should have access to a vaccine within the next two weeks. Nearly one-third of incarcerated people have said they want to take the vaccine, and those initial responses guided the allocation of doses to prisons. Vaccine eligibility was expanded to cover all non-incarcerated adults on April 5. 

In Kentucky’s Daviess County, law enforcement officials are resuming some activities that were suspended last spring. Officers who were hired immediately before or during the pandemic are heading to the state’s law enforcement academy, and deputies are once again serving warrants and bringing people into detention. “I think the uptick you see in people being lodged (at the detention center) is due to warrants,” chief deputy Major Barry Smith told the Messenger-Enquirer. The county also received approval from the Department of Corrections to resume at least one work crew, supervised by a deputy, to pick up trash along highways and perform some maintenance on county-owned properties.   

Anchorage Superior Court Judge Una Gandbhir ruled this week that attorneys must be allowed to visit clients in prisons or jails, regardless of whether their client has been vaccinated. Continued delays in allowing lawyers and clients to meet “might prove fatal to the liberty interests of countless currently incarcerated Alaskans,” Judge Gandbhir wrote. The Department of Corrections had announced in March that attorney visits would only be allowed for those who had been fully vaccinated, but said this week they would comply with the judge’s ruling. As of Tuesday, 35% of people in state prisons had received both doses, and another 56% had received one dose.

April 5

In a new report from the University of Texas at Austin LBJ School of Public Affairs, Michele Deitch and William Bucknall analyze five categories of metrics and features to grade data transparency among prisons, jails, and juvenile agencies. “Accurate and thorough data on COVID cases, deaths, tests, and other metrics is needed to keep the public informed,” they write, “and to make sure adequate health care measures and other steps are taken to protect people who live and work in these facilities.” The highest scores for prison data transparency went to Washington, Minnesota, Vermont, California, and Wisconsin. Forty states do not track any jail data on a statewide basis, and received failing grades; only Vermont, California, Hawaii, and Delaware were graded C- or better. Most states also fail to report juvenile corrections data, with only six states—Colorado, Minnesota, Ohio, Wisconsin, Virginia, and West Virginia—receiving an A or B grade. 

Faced with low vaccine uptake among corrections employees, Colorado is now offering a $500 incentive for those who get fully vaccinated by May 15. Total payments could come to nearly $3 million. More than 40% of employees had been fully vaccinated through the Department of Corrections as of Tuesday, and another 4% had received their first dose. “This investment of having our staff vaccinated, providing an incentive for that, is very small compared to the cost that we have incurred over dealing with a pandemic,” said Dean Williams, Executive Director of the Department of Corrections.  

After being released to home confinement under the CARES Act, thousands of people are facing the possibility of reincarceration unless the Department of Justice rescinds or updates an advisory memo issued by the Office of Legal Counsel in the waning days of the Trump Administration. People who were transferred were vetted by the Bureau of Prisons to ensure that they did not pose a threat to public safety. Of the more than 23,000 people who were transferred to home confinement, only 21 violated the terms of their supervision, and just one committed a new crime. This week, a coalition of groups including FAMM, the ACLU, Prison Fellowship, and the Leadership Conference for Civil and Human Rights wrote to Attorney General Garland and President Biden, asking them to reverse the guidance and allow people who have safely served their time on home confinement to remain at home. 

A lawsuit from the Wisconsin Institute for Law & Liberty argues that the state prison system’s ban on in-person visits from ministers violates the free exercise rights of incarcerated people. The Department of Corrections currently allows in-person visits from lawyers, social workers, and psychologists. Each institution’s chaplain can provide in-person ministry, though their faith may differ from those of individual incarcerated people. The lawsuit emphasizes that Catholic prisoners are denied the opportunity to make confession to a priest, and argues that other denominations are also entitled in-person faith-specific ministry.

In Ohio’s Butler County, officials are using $200,000 in CARES Act funds to install touchless faucets and toiletsin the Government Services Center, Historic Courthouse, Administration Center, and Juvenile Justice Center. An additional $425,153 has been approved to install a touchless timecard system for employees. Both projects were described as reducing the potential for the spread of infection, and the touchless timecard system is designed to facilitate more remote work. 

People held at the Potter County Jail in Amarillo, Texas, were offered the Johnson & Johnson vaccine this week. Sheriff Brian Thomas called the vaccines a blessing, and said he was hopeful that the one-dose vaccine will allow for better outcomes. “If we have one today there’s no guarantee they’re going to be here for 28 days or that they wouldn’t get out and then it’s up to them and will they go get it or not is really, you know, who knows? So at least this way we’ve got it all done in one,” Thomas said. The sheriff’s office in neighboring Randall County does not have access to the one-dose vaccine. In a release, they said local health regulations requiring that both doses be given in the same location prevent them from offering initial doses to incarcerated people, many of whom may not be in the jail several weeks later. 

March 29

Wisconsin’s incarcerated population is at its lowest level in 20 years, with fewer than 30,000 people held in prisons and jails. The prison population dropped 15.8% between February 2020 and February 2021, and jail populations are 24% lower than they were one year ago. Researchers attributed the decline to court delays, increased use of home confinement, a moratorium on new admissions to state prisons, and policy changes within the Department of Corrections aimed at reducing the number of people sent to prison for supervision violations. “We are seeing nationwide what many activists and the researchers have wanted to try, which is what happens when we reduce the prison and jail population,” said Nicole Gonzalez Van Cleve, an associate sociology professor at Brown University. “We’re not seeing any of those tell-tale fears. My hope is the general public gets the message that we do not have to incarcerate more people to be safer, especially for small, non-violent crimes.”  

At least seven employees and 46 people held in two King County correctional facilities have active COVID-19 infections. All of the employee infections and most of those among incarcerated people were identified at the King County Jail; the remaining cases emerged at the Maleng Regional Justice Center in Kent, where incarcerated people from the Seattle area who are infected or medically vulnerable have been housed. Jail Health Services officials said all people in custody at the King County Jail would be tested for COVID-19, and most would be issued medical-grade masks. They also plan to hire a contractor to provide additional cleaning services. 

Fulton County courts face a backlog of nearly 10,000 criminal cases, and County Manager Dick Anderson said it could take three years and at least $60 million to process them. Some of the expenses are expected to be covered by funds from the American Rescue Plan, allowing prosecutors, public defenders, judges, the sheriff’s office, the chief clerk, and other county agencies to hire 250 additional staff. Superior Court Chief Judge Christopher Brasher said officials are open to a variety of options to clear the logjam, from renting additional space for court proceedings, to offering night and weekend court sessions, to running multiple grand juries concurrently. Other counties in the Atlanta metro area have far fewer pending cases, with an estimated 700 in Gwinnett, and 1,538 in DeKalb. 

“Let’s get as many people as we possibly can vaccinated, give people a little bit of rope on this whole question associated with hesitancy,” Massachusetts Governor Charlie Baker said Wednesday, rejecting calls to require vaccines for police and corrections officers. “The important thing that needs to happen here is people need to get vaccinated when they can and when they want to, and let’s see where we are when we get through that process.” Governor Baker said he could be open to the idea of mandatory vaccination in the future, when the process has been “normalized.” Nearly half of Department of Corrections employees have received at least one dose of the vaccine through their employer, but publicly-shared data does not account for those who were vaccinated elsewhere. 

As part of a settlement, the Illinois Department of Corrections is expected to release nearly 1,000 people currently held in state prisons. People within nine months of their scheduled release who are classified as low or medium risk will be eligible for credits of up to 60 days off of their sentences. Corrections officials are also identifying medically vulnerable and elderly people who can be released or transferred to home confinement, and have indicated that those elderly and compassionate releases will continue after the pandemic subsides. In addition to the releases, the settlement agreement mandates supplemental training for some corrections employees on COVID-19 protections and compliance with the Americans with Disabilities Act. 

Alabama’s prison system has the ninth-highest rate of COVID-19 fatalities in the country, but the state has not made incarcerated people eligible for vaccination. At least 90 employees and residents of state prisons have active infections. The Alabama Department of Corrections is currently offering vaccines to staff, but just 142 employees at two facilities had received at least one shot through the department. According to their most recent update, 55 employees at the Julia Tutwiler Prison for Women had been inoculated, along with 87 employees at the Limestone Correctional Facility.

March 22

Three prisons in Pennsylvania are offering vaccines to incarcerated people, and at two of those facilities uptake rates are higher than 70%. Both prisons are offering people a $25 commissary credit after they receive their second dose. At SCI-Muncy, officials also partnered with peer counselors to provide information about the vaccines, and corrections officers were inoculated in front of residents. Incentive payments were not provided by taxpayers; they were drawn from the Inmate General Welfare Fund, which is funded by criminal justice fines and fees. 

In Kansas, the Senate approved a measure to suspend speedy trial requirements through May 1, 2023. The current law, which was temporarily suspended last year, requires cases to come to trial within five months for people who are jailed, and within six months for people who are out on bond. Senate Judiciary Committee Chair Kellie Warren called the state’s backlog of roughly 5,000 cases “a serious public safety issue,” and acknowledged that the suspension of the right to a speedy trial was not an ideal solution. The House voted last month to extend the suspension through May 1, 2024.  

Idaho’s vaccine planning panel voted narrowly in favor of prioritizing incarcerated people, and proposed providing vaccines to all employees and residents of jails and prisons at the same time. The panel recommended prioritizing vaccines for the general public based on medical condition and age, but proposed mass vaccination regardless of individual conditions for people in congregate living facilities including prisons. Any prioritization will need to happen within the next month; all adults in the state will be eligible to receive the vaccine by April 26. 

A study from the Indiana University Public Policy Institute’s Center for Health and Justice Research found that many of the state’s sheriffs plan to continue some pandemic-driven policy changes after the threat of COVID-19 has subsided. Researchers spoke to sheriffs, deputies, and jail administrators in 12 Indiana counties. Most indicated that they wanted to continue more rigorous cleaning schedules, virtual court proceedings and telemedicine. The majority of stakeholders surveyed did not believe that jail releases affected the crime rate in their jurisdictions; but in conversations late last year, most reported that jail populations were returning to pre-pandemic levels.   

After a survey indicated that only half of Minnesota correctional officers would take the vaccine when it was offered, the Department of Corrections launched “Whose With Me,” an informational campaign aimed at reducing vaccine hesitancy. The vaccine is optional for employees, though Corrections Commissioner Paul Schnell said those who choose not to be vaccinated may be reassigned to different areas, or have additional PPE requirements. At the Orleans Parish jail, all employees and contractors are required to take a COVID-19 vaccine or apply for an exemption. Those who are not granted an exemption will be placed on unpaid leave. For people held in the jail, vaccines have been made available to medically vulnerable people aged 65 or older, with plans to expand into lower age ranges as supplies increase. 

On Wednesday, the Alaska Department of Corrections allowed limited in-person meetings with attorneys for the first time in nearly a year. Only those who have been fully vaccinated will be eligible for visits. Recent state data showed that applied to just 10% of the prison population, though another 20% had received their first dose. Attorneys will undergo a temperature and symptom check upon entry. “I think at least they recognize that the attorney-client constitutional rights for clients are important,” said Anchorage defense attorney Rich Curtner. “And, you know, they have to be balanced with COVID risk.” Visits from family, friends, and volunteers are still suspended. 

In Rhode Island, 70% of state corrections employees and 73% of incarcerated people have signed up to receive a vaccine. “Through our educational campaigning, through our partnership with the RIPCO Union, and through a lot of outreach efforts, we’ve had pretty good success in getting people vaccinated,” said Dr. Justin Berk, Medical Director for the Department of Corrections. In addition to conducting informational sessions and producing videos and packets on the vaccine, the department also has two dedicated nurses assigned to address concerns among incarcerated people and staff.

March 15

New York City’s jail population is higher than it was one year ago, and infections and exposures are higher than at any point since last spring. Multiple factors are driving the population growth, including slowdowns in the courts, less frequent use of alternatives to incarceration, the rollback of some parts of the state’s bail reforms, and higher rates of pretrial remands for people accused of violent felonies. Officials estimate that 700 people in the jail would have had their cases resolved if not for pandemic-related court delays, and another 285 would have been discharged to state prisons. “Every week the number of people in jail increases,” said Dr. Robert Cohen, a member of the city’s Board of Correction. “And in most weeks, the number of people who have been exposed to Covid-19 within the jails increase as well.” 

California prisons have seen a 98% decline in newly identified infections among residents, leading some to conclude that the facilities have reached herd or community immunity. More than 42,000 residents and nearly 26,000 employees have been vaccinated; and more than 49,000 residents and nearly 16,000 employees were diagnosed with COVID-19. Inside the state’s prisons, no reinfections have been reported among those who contracted the virus, and no infections have been reported among those who have been vaccinated.  

In-person visitation is resuming in correctional facilities around the country, and the rules and restrictions vary widely by jurisdiction. In Illinois’ Cook County, only incarcerated people who have been vaccinated are eligible for in-person visits, unless they have a medical exemption. Video visitation will be available for those who choose not to be vaccinated. Delaware prisons will allow one visitor per person starting Tuesday. In-person substance abuse and mental health counseling will also restart this week. In Louisiana, visits with friends or family started this weekend, though the state is still working on a plan to resume face-to-face meetings with attorneys. North Dakota prisons will begin allowing visitors on March 29; visitors will be required to have tested negative for COVID-19 within five days of the visit. Michigan will also require a negative test for both incarcerated people and visitors, and will provide on-site rapid testing. 

In January, Florida Corrections Secretary Mark Inch identified 4,169 incarcerated people aged 65 or older and requested vaccine doses. Under the state’s distribution plan, all of them would be eligible to receive a vaccine if they were not in prison. As of Thursday, none had been inoculated. The state plans to expand eligibility for non-incarcerated people aged 60 or older this week, but has not indicated when incarcerated seniors might be included. Nearly 18,000 people held in the state’s prisons have contracted COVID-19, and at least 210 have died. People in state prisons are 81% more likely to die from COVID-19 than the general population. 

Three cases of the B.1.351 variant of the coronavirus have been identified at the Buena Vista Correctional Complex in Colorado. The variant was found in two employees and one resident, whose samples been chosen at random to conduct genetic sequencing. The Colorado Department of Public Health and Environment is in the process of sequencing all positive samples from the prison to identify additional infections. The South African variant is believed to be more contagious than the more prevalent form of the virus, and has a mutation that may reduce the effectiveness of vaccines and naturally acquired antibodies. In response, Governor Jared Polis said the state would “surge” vaccine distribution at the prison, though people incarcerated in other facilities would remain eligible only based on their age or medical conditions. 

Police officers in both Iowa and Illinois have been eligible for vaccination since late January, but many departments in the Quad Cities area are not tracking how many have chosen to receive the vaccine. According to Rock Island County Sheriff Gerry Bustos, 59% of his department’s sworn personnel had received both doses as of late February. Nearly two-thirds of deputies and bailiffs in Scott County have received at least one dose. Moline, Rock Island, and Bettendorf counties are not officially tracking law enforcement vaccinations. “Some officers are very private and may not want to acknowledge they have gotten or have not gotten the shot,” said Moline Detective Jon Leach. “We have to respect their privacy.”

March 8

During closed-door sessions, Tennessee’s Pandemic Vaccine Planning Stakeholder group acknowledged that incarcerated people were at high risk of infection, and that “if untreated they will be a vector of general population transmission.” They also concluded that prioritizing people in state prisons for vaccinations would be a “public relations nightmare” that would lead to “lots of media inquiries” and recommended that they be in the last group scheduled for inoculation. Even incarcerated people eligible based on their age are not being vaccinated. One-third of Tennessee prisoners have tested positive for COVID-19, and people in the state’s prisons are 2.7 times more likely to become infected than the general population. 

Vermont’s Northern State Correctional Facility is home to the state’s largest prison outbreak, with 128 residents and 10 employees testing positive as of Thursday. “This is a significant and critical event and it’s requiring all hands on deck inside the Vermont Department of Corrections,” said Corrections Commissioner Jim Baker. “It’s very concerning to me as commissioner,  it’s very concerning to our staff, and I know it’s very concerning to family members who have loved ones who are incarcerated at the Northern facility.” The outbreak was initially identified on February 23, with 21 residents and one employee testing positive. Officials said no incarcerated people were symptomatic, and those who had tested negative would be retested Thursday. 

At the Federal Correctional Institution in Danbury, Connecticut, more than 25% of incarcerated people have declined to be vaccinated, including some who are in the process of applying for home confinement. Officials said people who decline vaccinations without a documented medical reason will not be considered for home confinement. Those who do agree to be vaccinated will be eligible up until two weeks after they receive their second dose, when they are considered fully inoculated. 

Wisconsin county jails are holding hundreds of people waiting to be transferred to state prisons, and the intake has been slowed by efforts to mitigate the spread of COVID-19. In Brown County, 74 people are awaiting transfers. Each week, seven people are being sentenced to prison, but the state is accepting just four admissions from the jail. Holding these extra people costs the county $3,808.04 each day, and the state recently announced they would stop reimbursing counties for the additional costs. State Representative Shae Sortwell (R-Two Rivers) introduced legislation to require the state to pay counties to house people beginning ten days after they are sentenced to prison. “Either they’re going to have to start paying the counties, or they’re going to have to take their prisoners,” said Sortwell. “Either is acceptable to our sheriffs.” 

In Michigan’s Kalamazoo County, the backlog of cases that carry a potential sentence of life in prison is three times higher than pre-pandemic levels. Court cases have been on hold, with few exceptions, since March of 2020. Trials are set to resume at the Kalamazoo County Circuit Court  the week of April 12. Officials anticipate that courts will be occupied with the most serious cases for the remainder of the year, leaving those charged with lower-level felonies in jail for another year or more before trial.  

Visitation will resume at South Dakota Prisons after being suspended nearly one year ago. Visits will open on March 8 at the Jameson Annex and Sioux Falls Community Center; March 12 at the South Dakota Women’s Prison, Mike Durfee State Prison, Rabid City Community Work Center, and  Yankton Community Center; and March 15 at The Hill. Visitors will be screened before entry, and provided with a mask. No children under 12 will be permitted. As of Tuesday, there are two active coronavirus cases among residents of the state’s prisons, and none among staff. 

The Marshall Project surveyed 136 incarcerated people to identify concerns and gaps in information that may be contributing to vaccine hesitancy. With advice from the Centers for Disease Control and other vaccine experts, they compiled a fact sheet, available in both English and Spanish, that addresses common questions, including how the vaccine works, how it is distributed, and what side effects can be expected. The feature will be included in News Inside, their print publication distributed to jails and prisons across the country, and is available to mail to incarcerated people at no charge through the Ameelio app. 

March 1

As part of a settlement agreement announced Thursday, North Carolina will grant early release to 3,500 people held in state prisons. This came in response to a lawsuit filed in April 2020 by advocacy groups, including the North Carolina NAACP, Disability Rights North Carolina, and the ACLU of North Carolina, on behalf of incarcerated people and their families. “Today’s historic settlement is a step forward after nearly a year of advocating for the human lives of our neighbors who, in too many cases, have been treated as disposable,” said North Carolina NAACP president the Rev. Dir. T. Anthony Spearman. In addition to the releases, the state agreed to provide vaccine incentives for incarcerated people, implement an anonymous complaint system, and notify emergency contacts when people become seriously ill. Since the onset of the pandemic, North Carolina’s prison population has declined by 16%, and is now at its lowest level since October 1994. 

In Oregon, more than half of all people held in state prisons have been vaccinated and many have already received their second dose. Vaccines are voluntary, but nearly 80% of incarcerated people have opted into the process. In California, as of last week, 37,588 people held in state prisons and 24,959 correctional employees have received their first dose of the coronavirus vaccine. Officials estimate that more than three-fourths of people held by the CDCR have either received a vaccine or been infected with the virus. “We are in a race against time,” said Sharon Dolovich, director of UCLA Law School’s COVID-19 Behind Bars Data Project. “Now that the new variant is here, the race is even more urgent.” The inoculation process is moving more slowly in Connecticut—three weeks after incarcerated people were made eligible for the vaccine, less than 10% of state prisoners have received their first dose. Corrections staff are also eligible for inoculation, but just 41% chose to receive the vaccine when it was offered by the Department of Corrections. Despite the slow rollout of vaccines, continued mass testing has shown promising results: the positivity rate in the two most recent rounds was just 1%.  

The Nevada Department of Corrections and Department of Health and Human Services said Friday that inaccurate data had been posted on a dashboard tracking infections inside state prisons. The dashboard reported 4,473 confirmed cases for residents as of Friday, 201 fewer than were posted on February 16. Staff case numbers dropped as well, going from 1,033 on February 16 to 966 on February 26.  Health and Human Services spokesperson Shannon Litz said the errors were due to duplicate entries, coding issues, and miscounting negative results as positive results. 

Since mid-January, at least three people who were held at the St. Clair County Jail in southern Illinois have died after contracting COVID-19. Face masks were not issued to people held at the jail until January 13. Two local nonprofit organizations offered to donate masks to the jail, but their offers were refused. Only 11% of people processed through the jail between March 11, 2020 and February 2, 2021 were tested for COVID-19. “That’s enough testing,” said Sheriff Rick Watson. “People don’t get tested if they don’t have symptoms.” The jail is persistently overcrowded, and officials acknowledged that they have not enforced strict quarantines. Watson defended his department’s pandemic response, noting that he instructed local law enforcement to limit arrests of people accused of nonviolent offenses, instituted a twice-daily cleaning process including the use of electrostatic sprayers, and implemented screening procedures for people entering the jail. 

In New York’s state-run inpatient psychiatric centers, at least 58 patients have died after contracting COVID-19, a death rate more than 10 times higher than the state’s prisons. More than one-fifth of patients and residents have contracted the virus. Psychiatric patients were more than 10 years older, on average, than people held in state prisons, and more likely to have underlying medical conditions that increased their vulnerability to the virus. Their mental health conditions can also complicate compliance with COVID-19 containment protocol and interactions with medical staff. “If you are living with schizophrenia and you’re going to the doctor and you’re not able to explain exactly what’s going on with you physically, it’s probably very difficult for that practitioner to treat you,” said Wendy Burch, executive director of the New York chapter of the National Alliance on Mental Illness. 

The Racine County Jail has been free of COVID-19 for 18 days, and frontline staff have been virus-free for 42 days, according to a release from the Sheriff’s office. Sheriff Christopher Schmaling was one of the first to implement containment protocols last year, and he partnered with courts and the District Attorney’s office to reduce the jail’s population levels. Officials also reconfigured closed floors to create a negative pressure area with 50 quarantine beds, and all newly admitted people go through a 14-day, 2-tier quarantine. “When faced with a crisis, the Racine County Sheriff’s Office will continue to embrace a very bold, proactive, yet straightforward and commonsense approach that protects its citizens and staff while preserving our constitutional rights,” wrote Sheriff Schmaling.

In Orleans Parish Criminal Court, there are 11,000 pending cases involving indigent defendants represented by the public defenders’ office. In nearby Jefferson Parish, at least 1,500 cases were open at the end of 2020. Adding to the COVID-related backlog, Louisiana courts are also tasked with retrying hundreds of cases in which people were convicted with nonunanimous jury verdicts. The delays are taking a toll on defendants waiting for their trials, on people convicted under the nonunanimous verdict system who are waiting to be retried, and on victims and their families. “It just keeps a family from having closure,” said Bob Arthur, who has waited more than four years for resolution in the case of his son’s death. “I mean, how do you end it all when you know it’s still hanging out there?”

February 22

More than 13,000 people held in Virginia prisons have received their first dose of the COVID-19 vaccine, along with more than 6,000 staff. “Vaccinating DOC staff and inmates makes the whole community safer,” said Virginia Department of Corrections Director Harold Clarke. “Not only are our staff going into the community each day, but sometimes people forget that if an inmate gets sick with COVID and has to be hospitalized, that inmate is occupying a community hospital bed. Inmates are a part of their local communities.” In Kansas, people in prisons began receiving the vaccine this week, with 653 doses administered across five facilities. Governor Laura Kelly prioritized vaccinating people in congregate living facilities, following guidance from the Centers for Disease Control and Prevention. That decision was condemned by the Kansas Senate in a nonbinding resolution that passed by a vote of 28-8. 

After a COVID-19 outbreak in Florida’s Orange County Jail, State Attorney Monique Worrell announced a policy change aimed at reducing pretrial incarceration. Assistant state attorneys will identify defendants who are over 60 years old, have a body mass index over 35, or have a medical condition linked to higher risk of coronavirus complications. Those who are charged with nonviolent offenses or victimless crimes will be recommended for an “appropriate non-incarcerative disposition,” or for release on recognizance or other non-monetary condition. The policy will not apply to individuals who are known members of organized crime or on a sex-offender registry.  

Lieutenant Delmar Dean died this week after a protracted battle with COVID-19. He worked for the West Virginia Division of Corrections for 26 years, and most recently served as a correctional officer at the Northern Regional Jail and Correctional Center in Moundsville. Dean was the second correctional officer in West Virginia to die after contracting the coronavirus. Nationwide, at least 102,791 prison employees have become infected, and 184 have died. These numbers are likely an undercount, as many states do not require employees to be tested or to report their test results from outside medical providers.  

Researchers from Stanford and Yale found that steps taken to reduce the spread of COVID-19 in the Cook County Jail likely saved dozens of lives and prevented hundreds of hospitalizations. County officials worked to rapidly reduce jail population levels, move residents into single cells, and create greater social distance in dormitories. “Taken together, these measures not only have bearing for the correctional facility, but also for the community health systems that surround the jail,” the authors wrote. “Our findings suggest that depopulation efforts should be a primary strategy for COVID-19 mitigation in jails.” Last spring, the jail’s population was reduced from 5,500 to 4,000 but it has rebounded, standing at 5,396 as of Friday. 

As jury trials resume in Southern California, public defenders are asking to be included in early rounds of vaccine distribution. “Jury trials put our lawyers at extraordinary risk,” wrote Riverside County Public Defender Steve Harmon. “Attorneys are in close contact with jurors and sitting right next to their clients in court.” Harmon also urged that incarcerated people, prosecutors, and office staff be given priority. Jennifer Friedman, president of the California Public Defenders Association, noted in a letter to the Health and Human Services Agency that lawyers represent vulnerable populations, and visit clients in homeless shelters, treatment facilities, immigration detention centers, and congregate living facilities. While most county-level health departments in California have not prioritized justice system stakeholders, Orange County has made some accommodations—vaccines are currently available to prosecutors and public defenders who interact with incarcerated people or are 65 years of age or older. 

Harry Edward Cunningham tested positive for COVID-19 at a federal prison in Memphis on December 20. Nine days later, he was listed as recovered. He was hospitalized on January 10 and died two days later. At least two other men in federal prisons who tested positive and were categorized as recovered later died as a result of coronavirus complications. The Bureau of Prisons considers a person recovered if they have completed a period of medical isolation, usually between 10-14 days. “It’s not based on severity of disease or whether someone’s doing well or not,” said Lauren Brinkley-Rubinstein, a professor at the University of North Carolina School of Medicine, and co-founder of the COVID Prison Project. “They’re just using some arbitrary time to move people, which is really concerning, and why you see things like this man dying after he’s technically been defined as recovered.”

February 16

After an employee at the Bellamy Creek Correctional Facility tested positive for a new, more contagious variant of the coronavirus, the Michigan Department of Corrections stepped up testing for staff and residents, going from once a week to once a day. Daily testing will also be adopted at the Duane Waters Health Center and the Macomb Correctional Facility. Employees who decline to be tested “will be ineligible for work,” according to an email from the DOC. The B.1.1.7 variant was first identified in the United Kingdom, and first found in Michigan on January 16. 

In Maricopa County, the jail population has declined by 24%, going from 7,100 in December of 2019 to roughly 5,400 this week. Sheriff Paul Penzone said most of the decline was driven by citing and releasing people for nonviolent offenses, rather than booking them into the jail. Penzone said his office was reviewing data related to the cite-and-release policy to determine its cost savings and impact on crime rates. The state’s prison population has declined 11% since the onset of the pandemic, largely due to a slowdown in state courts and reduced transfers from county jails to state prisons. While some officials believe the reduction is temporary, Pima County Attorney Laura Conover said the decline in incarceration gives the state the chance to consider whether previously high incarceration rates were truly needed. 

More than half of all correction personnel and contracted correctional healthcare staff in Massachusetts have declined the Department of Corrections’ offer of a vaccine. Officials say some employees may have been vaccinated through their own medical providers. “The way that the virus has gotten into prisons and jails is through staff,” said Elizabeth Matos, Executive Director of Prisoners’ Legal Services. “If staff are not getting vaccinated in large numbers, then the virus will keep coming in.” Nearly one-third of incarcerated people have also declined to be vaccinated, which Matos attributed to a lack of trust in the vaccine and concerns about potential allergic reactions. 

A joint investigation by North Carolina Health News and VICE News found that North Carolina prisons were underreporting coronavirus-related fatalities. At least three incarcerated people who died after contracting COVID-19 were not included in the state’s official count. One of the people left out was Billy Bingham, who died in August at the Albemarle Correctional Institution. He tested positive for COVID-19 in July, and his death certificate listed “pneumonia due to COVID-19 virus” as the cause of death, but he was not added to the state’s count of fatalities. Problems with undercounting, underreporting, and incomplete data collection are likely not limited to North Carolina. “Every state is undercounting,” said Michele Deitch, who directs the COVID, Corrections, and Oversight Project at the University of Texas Law School. “I’m 100 percent sure it’s happening. Wherever those numbers are reported, they should be clear how they’re being counted. We can’t assume that everyone’s counting the same way.” In at least 20 states, the initial determination of cause of death is not vetted against external death documents. Only 11 states reported that they adjust initial determinations based on death certificates, medical examiner investigations, or autopsies.  

At the Montana State Prison, 110 incarcerated people received the COVID-19 vaccine last week. “It’s critical to get shots into the arms of Montana’s most vulnerable populations,” said Department of Corrections Director Brian Gootkin, “and many of those Montanans are located in our prison system.” In the past few weeks, the DOC’s Clinical Services team worked with incarcerated people who would qualify for early vaccination, sharing educational materials and meeting individually with those who had further questions. In the current phase of Montana’s inoculation plan, vaccines are offered to people over the age of 70, those with chronic medical conditions, and people of color who may be at elevated risk of complications. The next phase includes all people in congregate living facilities, including jails and prisons. 

In a unanimous decision this week, the New Jersey Supreme Court declined to order the release of people who had been incarcerated for more than six months pending trial, but directed lower courts to review cases to see who could be safely released. Nearly 5,000 people were held pretrial as of last week, and a lawsuit from the ACLU of New Jersey and the public defender’s office asked that all people accused of a second-degree offense or less be released. Writing for the court, Chief Justice Stuart Rabner rejected the request, noting that “not all second-degree offenses or offenders are alike.” He did agree with the notion that the COVID-19 pandemic was a valid reason to reconsider the original decision to hold someone before trial, particularly for those whose time-served was as long as their potential sentence if convicted. “We’re gratified that the court recognized a desperate need to address the crisis,” said Albert Shalom, an attorney with the ACLU of New Jersey. “With this ruling, the court will ensure that people have some way to challenge their prolonged confinement in an unprecedented environment.”

February 8

An investigation by the California Office of the Inspector General found that the Department of Corrections and Rehabilitation and the Correctional Health Care Services caused a “public health disaster” with their mishandling of transfers of incarcerated people between state prisons last year. The OIG report called the preparation and execution of the transfers “deeply flawed,” and said they risked the health and lives of thousands of incarcerated people and employees. They included a time lapse video showing the spread of COVID-19 at San Quentin Prison in June, July, and August, during which time 29 people died. Cal/OSHA fined San Quentin Prison $421,880, the largest fine ever issued by the workplace safety agency, for “four willful-serious, five serious, one regulatory, and four general category violations” related to the outbreak. 

A new intake and release center at the Spokane County Jail may help minimize exposure to COVID-19 for incarcerated people and staff. The new center provides greater social distancing than the booking area at the jail for the approximately 13% of people who qualify for immediate release after booking. It was paid for with $800,000 from the county’s portion of funds from the CARES Act. After a person is screened, booked, and released, they will have the option of meeting with a navigator to address housing or transportation needs. During a pilot phase, the center will operate Monday through Friday, from 3:30 pm to 11:30 pm, and be staffed by three detention officers, one medical professional, and one community health worker. 

After consulting with Corpus Christi and Nueces County health officials, Judge Barbara Canales announced this week that the resumption of jury trials would be delayed for an additional 60 to 90 days. Trials had been set to restart on February 10. District Attorney Mark Gonzalez said his office was trying to resolve most cases by videoconference, leaving only the most serious cases for jury trials. There are 18 capital murder cases pending in the South Texas county, and one defendant has been held for nearly 1,600 days before trial. 

An offer from the Massachusetts Commissioner of Corrections of good time credits to incarcerated people who agreed to be vaccinated was rescinded by Governor Charlie Baker this week. Commissioner Carol Mici said her office had determined that receiving the vaccine was “significantly valuable to rehabilitation,” and would qualify for 7.5 days of earned good time upon receipt of the second vaccine dose. A spokesman for Baker said the offer was not consistent with the administration’s policies on early release. 

The Prison Policy Initiative reviewed parole board records from 2019 and 2020 in 13 states and found only two increased approvals and approval rates, while seven saw decreases in both categories. Alabama had the worst decline among the states surveyed, with 59.3% fewer people released in 2020 than in 2019, and applicants 35.7% less likely to be approved. Montana, Oklahoma, Michigan, New York, Pennsylvania, and South Carolina were the other states where both numbers declined. In Nevada and Connecticut, approvals declined while the rate of approvals increased. In Iowa, approvals increased while the rate of approvals declined. Only South Dakota and New Jersey increased both approvals and the rate of approvals. “We were hoping that parole boards would see the pandemic as an opportunity to release more people, thereby reducing prison populations and saving lives,” said Prison Policy Initiative’s Tiana Herring, who wrote the brief. “Not only did we find that most states actually released fewer people, we also saw reports of parole boards opting to delay hearings instead of shifting to video hearings.” 

The Texas Department of Criminal Justice is providing vaccines to health care workers and correctional staff but has not shared any plans to inoculate incarcerated people, even those who would qualify for vaccines based on their age or medical vulnerability. A health department spokesman said last month that the allotment of vaccines to the TDCJ was intended to cover both staff and incarcerated people who qualified based on age or health status. In New York, incarcerated people who are medically vulnerable or at least 65 years old began to receive the vaccine on Friday. More than 1,000 people in New York state prisons are 65 or older; the state did not release an estimate of people who would qualify for the vaccine based on their medical conditions.

February 4

A five-month examination of data from the Pennsylvania Department of Corrections’ COVID-19 dashboard found unexplained changes to the death count and large fluctuations in reported tests. As of Friday, the dashboard reported that 62,980 incarcerated people had been tested for the coronavirus, nearly 22,000 more than the total prison population. The data dashboard will be taken off-line for 30 days while officials update the system and add information about the vaccine rollout. “In our haste to get information out to the public, we put a process in place that involved a single individual pulling data from multiple sources manually every day,” said Corrections Secretary John Wetzel. “It’s unacceptable to continue in this manner, and I need to both accept responsibility for it, and address it permanently moving forward.”   

A fast-moving COVID-19 outbreak at a prison in Winfield, Kansas, raised concerns that a new, more infectious variant of the disease may have been responsible. “The thing that set off the alarm of course was the rapidity of the spread which is back to the U.K variant or the South African variant, one of the things that bothered, worried us,” said Dr. Lee Norman, secretary of the Kansas Department of Health and Environment. Through contact tracing, the health department identified the food service workers who introduced the virus into the prison, and genomic sequencing showed that the disease was not one of the new variants. 

Dr. Kathryn Stephenson, an infectious disease specialist at Beth Israel Deaconess Medical Center and assistant professor of medicine at Harvard University, led what she hoped would be the first of many vaccine information sessions in Massachusetts jails. About 40 residents and 12 employees at the Middlesex County House of Correction asked questions about the safety of the vaccine and potential side effects, and Stephenson was able to dispel myths about the process. “It was really important to me when I came into that setting to let people know that I don’t work for the jail,” said Stephenson. “I’m a scientist and infectious disease doctor and my only responsibility and commitment is to advocate for patients and for the community.” 

Mississippi prisons have some of the lowest known infection rates in the country, but new data suggests that may be driven by low levels of testing, rather than low levels of infection. At Central Mississippi Correctional Facility, nine residents have died after contracting COVID-19, but only 6.5% of residents have been tested. Of those, more than half came back positive. State records show that less than 10% of people in prisons have confirmed coronavirus infections, compared to nearly 60% in Michigan, and 40% in South Dakota. Just 20% of prisoners have been tested, and 40% of those came back positive. Incarcerated people reported being told they could not be tested even when they exhibited symptoms, and being held in facilities so overcrowded that four people shared cells designed for one. Corrections officials also claimed that no one had died from COVID in their prisons for months, before acknowledging nearly two dozen fatalities in January.

People held in North Carolina prisons will be offered incentives to receive the COVID-19 vaccine, including extra visitations, a free 10-minute phone call, and a five-day sentence reduction. People who are not eligible for sentence reductions, roughly 28% of the prison population, will be offered a $5 canteen credit. At least 850 incarcerated people have already received their first dose, along with 2,800 employees. 

Last week, a 79-year old man held by the Oregon Department of Corrections tested positive for COVID-19. The staff didn’t tell him he tested positive, and allowed him to walk through the prison and return to his shared cell. Officials notified a lawyer at the Department of Justice, who emailed Tara Herivel, the man’s attorney, to tell her about the test results. Hours after the infection was identified, she was finally able to tell him he was positive. “We can see exactly why this pandemic is out of control in these prisons,” Herivel said. “It’s DOC created conditions, by failing or completely ignoring CDC guidelines for almost, what, 10 months now?” Forty incarcerated people have died after contracting COVID-19, with 7 deaths reported in the last week. Oregon prisons have the eighth-highest rate of deaths in the country, behind New Mexico, Nevada, Michigan, Kentucky, Arkansas, Alabama, and New Jersey.  

Medically vulnerable and elderly people in Utah prisons have started receiving the coronavirus vaccine, and all residents are eligible in the next phase of the state’s vaccination plan. In advance of the full roll-out, officials are distributing a newsletter to each incarcerated person with information about the vaccine and frequently asked questions. The newsletter includes an explanation of how vaccines work, as well as data about the efficacy of both the Pfizer and Moderna vaccines. 

January 25

The Wyoming Department of Corrections announced the first COVID-related fatality among people held in the state’s prisons. The man, whose name was not released, died on December 22. He had been incarcerated at the minimum security Wyoming Honor Farm in Riverton. No other active cases were identified in recent surveillance testing at the Honor Farm. Ten residents and three employees at the Wyoming Medium Correctional Institution in Torrington tested positive, along with one resident of the Wyoming State Penitentiary in Rawlins. Vermont is now the only state without a coronavirus death in its prisons.

In Oklahoma, staff and residents in congregate living facilities, including prisons, are expected to be offered vaccinations next month. Prison medical personnel will be given top priority, followed by staff and residents. “We have a large number of staff and an even larger number of inmates, but we will remain diligent in trying to get the supply we need to accomplish this as quickly as possible,” said Department of Corrections Director Scott Crow. In an initial survey, 51% of residents and 16% of employees indicated interest in receiving the vaccine from the DOC. Crow said the actual interest level among employees may be higher, as they are also able to schedule their own appointments through the state’s online vaccine portal.

Despite spending more than $80,000 to purchase 87,330 face masks between April and September 2020, the El Paso County Sheriff’s Office did not provide masks to incarcerated people for use in their housing areas or cells. “For an inmate to be in their cell is not the same as one of us being in our home,” said Christine Donner, executive director of the Colorado Criminal Justice Reform Coalition. “Air is circulated throughout the facility, so even if people are in their cell, they are breathing in the same air that everyone else has already breathed in.” A spokeswoman for the El Paso County Public Health department said the jail’s practice was consistent with Colorado’s statewide mask mandate for residential facilities and group homes. After an outbreak infected more than 900 residents and staff, masks were distributed to people held in the jail. A January court order also requires the jail to provide incarcerated people with two masks, regular testing, and temperature screening.

Incarcerated people in Alabama will be eligible to receive the COVID-19 vaccine in the next phase of the state’s distribution plan, along with frontline essential workers. In Tuscaloosa County, Sheriff Ron Abernathy is working with a local healthcare provider to ensure that people held in the county jail have the option of being vaccinated as soon as possible. Sheriff’s deputies and jail detention officers were offered the vaccine last week, and Abernathy said 240 jail residents are interested in being inoculated. “The big issue is about logistics, the distribution on the vaccine getting to us. That’s our problem,” Abernathy said. “But as soon as they are available for them, of course we want to do it.” Nine people currently held in the jail have active COVID-19 infections.

“I recognize that our membership counts on the union’s leadership to model the strictest safety protocols,” wrote California Correctional Peace Officers Association president Glen Stailey, in an email to members. “With this in mind, we are shifting the venue of our upcoming board meeting from Las Vegas back to California.” The CCPOA’s conference had been scheduled to take place January 26 and 27 at Caesar’s Palace in Las Vegas. Instead, the meeting will use video conferences with some in-person sessions in offices in Fresno, West Sacramento, and Rancho Cucamonga. Stailey cited “unacceptable” levels of infections in prisons in his email explaining the cancellation. Nearly 15,000 California prison employees have tested positive for COVID-19, with 1,427 new infections reported in the last two weeks. At least 19 correctional employees have died after contracting the virus.

The Illinois Health Department moved incarcerated people to Phase 1b of its vaccination plan, in line with those aged 65 or older, frontline workers, and others in congregate living facilities. Vaccinations have already started for people who work at the Cook County Jail, but only 40% of the jail’s correctional staff has signed up to be inoculated. When asked about potential staff reassignments for those who decline to be vaccinated, spokesman Matt Walberg said the department was focused on educating staff and providing additional information about the vaccine to encourage voluntary sign-ups.

An opinion issued by Office of Legal Counsel in the Department of Justice ordered the Bureau of Prisons to reincarcerate many people placed on home confinement under the CARES ACT once the current state of emergency ends. Since March 26, 2020, more than 20,000 people in BOP custody have been placed on home confinement. Only those who had served 90% of their sentences or who had less than six months remaining would be allowed to complete their sentences at home. “Persons on home conferment are those that BOP generally determined posed little risk to public safety and that were at high risk of COVID and so likely older and less healthy relative to most other prisoners,” wrote Doug Berman, a professor at the Ohio State University School of Law. “And, since the BOP has had discretion to return those persons to prison for misbehavior while in home confinement, it is hard to see a compelling public safety justification for sending all these individuals back to prison post-pandemic.”

January 19

Incarcerated people in Massachusetts are eligible to receive the COVID-19 vaccine, but in Middlesex County, only 40% of people held in the county jail said they would take it right away. Of those who said they would decline the vaccine, 60% were open to learning more about it. “The data collected by Sheriff Koutoujian is the first I am seeing on COVID-19 vaccination interest amongst people in jail in the nation, and it will help us develop better, smarter educational programs and policy” said Dr. Alysse Wurcel, an infectious disease specialist who has advised the Middlesex Sheriff’s Office on coronavirus protocols. Nearly 30% of those surveyed said they were generally distrustful of vaccines, 30% had concerns about safety and effectiveness, 16% needed more information, and 7.5% had concerns about the speed of approval for the vaccine. Officials plan to use the information to create an informational campaign, and conduct a second survey to test that campaign’s effectiveness. Jail staff were also surveyed, and 80% said they were open to receiving an immediate vaccination.  

Nearly half of the people incarcerated at the Eastern Kentucky Correctional Complex have active COVID-19 infections. At least 80 employees at the Morgan County facility are also actively infected. “This is the first outbreak for inmates at EKCC,” said Department of Corrections spokeswoman Lisa Lamb, “and as we’ve done with our other facilities, we are closely monitoring the situation and working closely with the Department for Public Health to ensure that proper protocols are being followed.” Two other state prisons, both in Oldham County, are experiencing major outbreaks, with 322 incarcerated people and 16 staff infected at the Luther Luckett Correctional Complex, and 336 incarcerated people and 21 staff infected at the Roederer Correctional Complex. Since the onset of the pandemic, at least 5,296 people held in state prisons in Kentucky have contracted COVID-19, and 39 have died. State prisoners are 6.3 times more likely to become infected and 4.9 times more likely to die than Kentuckians overall. 

Visitation has been suspended at the Nebraska Correctional Center for Women after an increase in infections among residents and staff. The Department of Corrections restarted visitation at state prisons earlier this month, and all other facilities are still open for visitors. “With the exception of NCCW right now, our hope is to keep the visitation program going and give people an opportunity to see their loved ones in person,” said Corrections Director Scott Frakes.

After a COVID-19 outbreak in the Philadelphia Department of Prisons, officials implemented a strict lockdown, with people let out of their cells for just 15 minutes a day. On Wednesday, U.S. District Court Judge Berle M. Schiller ordered the department to ease the lockdown. “The current shelter-in-place policy, implemented by PDP to control the transmission of COVID-19, keeps incarcerated people in their cells for nearly 24 hours a day, and such prolonged confinement is harmful to the mental and physical health of incarcerated individuals,” wrote Judge Schiller. Court filings claimed that people were restricted to their cells for up to five days at a time, with limited access to mental health care, showers, or phones. Between March and August of last year, there were 32 suicide attempts in Philadelphia prisons, more than twice as many as the average for that time period in the last five years. 

Operations at the Franklin County Jail in Farmington, Maine have been scaled back due to a coronavirus outbreak among the staff. “The Franklin County Sheriff’s Office, out of an abundance of caution, has decided to curtail full jail operations for a two-week period,” said Sheriff Scott Nichols. “All current jail population have been tested and remain safe.” The jail will continue to admit people who are deemed a risk to public safety. Four people from Penobscot County who had been boarded at the Franklin County Jail to relieve overcrowding were transferred to a quarantine pod at the Somerset County Jail.

After a surge of coronavirus infections in Santa Clara County jails, prosecutors, public defenders, and judges are reviewing options to reduce jail populations. At least 120 new cases have been identified since January 5, most at the Elmwood Correctional Complex in Milpitas. Last spring, similar negotiations led populations levels to drop from 3,200 to 2,200. People who were within a few weeks of release were offered sentence reductions, and those arrested on suspicion of low-level felonies or misdemeanors were offered jail amnesty and electronic monitoring options. County courts also extended $0 bail policies for low-level offenses in Elmwood and San Jose. “We believe we can safely release a number of individuals like this,” said District Attorney Jeff Rosen, “to try to give the jail the physical capacity it needs to isolate, quarantine and keep the outbreak from getting worse.”

Correctional officers at the Perryville prison in Goodyear, Arizona, are now eligible to receive a COVID-19 vaccination, either through the Department of Corrections or their county health department. Employees of other state prisons are expected to be offered inoculations in the coming weeks. State officials have not given a specific timeline for vaccinating incarcerated people, but have indicated that those aged 75 or older will be given first priority, followed by people with high-risk medical conditions. The remaining population will be eligible during Phase 1C, expected to start in late February or early March. Neither employees nor residents of state prisons will be required to take the vaccine when it is offered.

January 11

Corrections employees are prioritized in Indiana’s vaccination plan, but incarcerated people are not. “We want to eliminate the virus from coming in, in the first place,” said Governor Eric Holcomb. Vaccines are currently available to people aged 80 or older, including those who are incarcerated. In Arkansas, officials started distributing the first 975 vaccine doses to corrections employees and health care workers last Tuesday. Front-line health care workers and security staff who have not contracted the virus will be given priority, followed by the remaining security staff, parole and probation officers, and other employees. Staff members will not be required to get inoculated, and will not be penalized or reassigned for refusing the vaccine. Incarcerated people are not included in the current phase, or in Phase 1B, expected to start in February. 

People on home detention in Baltimore County, Maryland, will no longer be charged home monitoring fees. Those in the home detention program were charged $75 per week, as well as a one-time $34 fee for drug testing and an ankle bracelet. “These costs have been particularly egregious with COVID, which has delayed trial dates and made jails especially dangerous,” said Maryland Public Defender Paul DeWolfe. COVID-related trial delays contributed to a more than 30% increase in home monitoring fees in this fiscal year, going from $89,000 to $118,000. Nearly 95% of program participants were awaiting trial. “Expensive home monitoring fees create unnecessary impediments,” County Executive Johnny Olszewski Jr. said, ”and the elimination of home monitoring fees will better allow these residents to support themselves and their families.”

The North Carolina Department of Public Safety may offer incentives for incarcerated people who choose to receive the coronavirus vaccine. Commissioner of Prisons Todd Ishee said they were considering offering increased visitation or other perks. “We’ve got a number of options but we have not gotten that far into the decision making process,” said Ishee. “But I think it’s very likely that we will put together some type of incentive package to encourage higher levels of participation.”

During a test run at restarting jury trials in Brazos County, Texas, a defendant tested positive for COVID-19. Officials did not tell Teron Pratt that he had contracted the virus, and jurors were not told of their potential exposure until after they finished deliberating. The trial was suspended for two weeks while Pratt, members of the jury, attorneys, and courthouse staff quarantined. When they returned for the sentencing phase, jurors were informed that Pratt had not known his infection status, and could not be held accountable for their exposure. The jury gave him the maximum sentence. “Most of them have gone according to plan and fairly smoothly, but that is not the case in all of these trials,” said David Slayton, administrative director of the state’s court administration office. “The courts can do everything right, but … everyone has to do their part of else things can go wrong.”

A meeting of the board of directors of the California Correctional Peace Officers Association is scheduled for January 26 and 27 at Caesar’s Palace in Las Vegas. Representatives from every prison in California are invited, along with parole agents, committee members, retired chapter members, and officers who work at fire camps. More than 2,500 prison employees have reported new COVID-19 infections since December 24. Twelve state prisons have reported more than 200 new coronavirus infections in that same time period, and six others have reported more than 100 new infections. State Senator Nancy Skinner criticized the prison guard union for refusing to comply with a ban on nonessential travel, and called the decision to attend the conference “offensive, flat out wrong, and extremely dangerous.” 

According to a new report from FWD.us, commutation approvals in Oklahoma have dropped sharply this year, even as concerns about the impact of COVID-19 on incarcerated people have increased. The approval rate dropped from 74% in 2019 to 35% in 2020 for nonviolent offenses, and from 46% to 19% overall. The pardon and parole board also approved 33% fewer stage one applications in 2020 than they did in 2019, despite reviewing more applications. Data from 2019 did not include cases reviewed under an accelerated docket for offenses that were reclassified by a ballot initiative. Pardon and Parole Board Executive Director Tom Bates, who was hired in September following his predecessor’s resignation, said he would review the report. He noted that the board continued to work during the pandemic, while some other states have suspended reviews. Bates also pointed to coronavirus-related slowdowns in completing the investigations required before an application can be considered. 

January 4

Prison staff and people held by the Rhode Island Department of Corrections have begun receiving the coronavirus vaccine. The state’s vaccination distribution plan prioritizes corrections employees and older adults in congregate housing, including prisons. Washington and Ohio corrections officials started distributing vaccines to prison medical staff and incarcerated people who are under medical care. In Oregon, medical staff and corrections officers who come in close contact with infected people have been given high priority for vaccination, along with a small number of incarcerated people who clean housing units for COVID-positive patients. In Michigan, vaccination is available to corrections health care staff, but other essential employees will be in the next phase, and incarcerated people are not in a priority category.  

The Arizona Department of Corrections, Rehabilitation and Reentry will partner with the state Department of Health Services to provide rapid testing for employees and begin a second round of testing for incarcerated people this month. “The health of our inmates and staff is a top priority and we continue to take proactive steps to mitigate the spread of the virus,” said Director David Shinn. Since March, 42,749 tests have been administered to people in state prisons. More than 6,400 people tested positive for COVID-19, and 26 died after becoming infected.

COVID-19 infections among employees of the Travis County sheriff’s office reached a record high in December with at least 41 people testing positive. “We have had more positive cases among our employees in recent weeks,” wrote Travis County spokeswoman Kristen Dark. “The number are similar to the numbers we reported in July when there was a COVID-19 spike in Travis County.” Combined numbers for June and July showed 55 infections at the sheriff’s office. Sworn officers of the sheriff’s office and Austin Police Department will be eligible for vaccination as early as this week.

People convicted of felonies in the D.C. Superior Court are held in federal prisons, but they were not eligible for compassionate release as expanded under the First Step Act. A new law passed this year expanded eligibility, allowing people to cite the coronavirus pandemic as an “extraordinary and compelling” reason for early release. “Covid was the spark that made compassionate release a reality and forced us to think about old and sick prisoners and the fate that awaited them if they were to remain in prison without ways to adequately protect themselves,” said George Washington University Law School professor Jessica Steinberg, who helped draft the D.C. legislation. The National Association of Criminal Defense Lawyers, the Washington Lawyers’ Committee, the Public Defender Service, and local law school clinics worked together to file hundreds of early release motions since the law was enacted. Of 481 requests filed, 243 have been granted. The U.S. Attorney’s office said they supported the “underlying principle” behind expanded compassionate release for D.C. residents, and has not opposed release in about 13 of those cases.

In Bowling Green, Kentucky, the Butler County Courthouse installed a new air filtration system aimed at reducing the spread of infection through the building’s ventilation system. The ‘Air Scrubber’ system uses ultraviolet light to kill germs, viruses, and bacteria. “The airflow in a lot of jail facilities is controlled airflow, it’s not fresh air intake,” said Butler County Jailer Ricky Romans. “If it works, and it’s supposed to according to what we’ve researched, it’s going to be the greatest thing.” Romans also noted that the jail, in the basement of the courthouse, disinfects surfaces several times each day. 

The Colorado Department of Corrections confirmed four additional deaths of incarcerated people last week, bringing the total of COVID-related fatalities among state prisoners to 24. The state did not release the individuals’ names or genders, but did say that two of the deceased were 57 years old and two were 62 years old. More than 7,000 people held in the state’s prisons have contracted COVID-19, and 844 have active infections. At least 1,200 corrections employees have also tested positive for the virus.

December 28

Limited visitation has resumed in pilot programs at four Arkansas prisons, allowing immediate family members to visit for one hour while separated by a plexiglass barrier. “I was just glad to get to see him,” said Patricia Daniel, whose son visited earlier this month. “I think it was a great experience and I think all people should be able to spend time with their families, especially during the holidays.” Daniel had not seen her son face-to-face in nearly two years. Corrections spokeswoman Cindy Murphy said no new cases have been traced to family visits, and officials will determine whether to expand the pilot program to additional facilities in January. Arkansas is one of just nine states allowing in-person visitation.

More than 3,900 corrections employees in South Carolina received a $500 hazard pay bonus last week. Corrections Department Director Bryan Stirling said the employees were “risking their lives just like others who are going to medical facilities and hospitals. They’re true heroes to me.” More than 660 of the state’s prison employees have contracted COVID-19, and two have died. 

Kansas Governor Laura Kelly said Wednesday that people in the state’s prisons should receive the coronavirus vaccine before the general population. “I’m going to continue to take action based on the science and what we know works,” Kelly said. “We do know that congregate living centers are hotspots, whether you talk about prisons, you talk about nursing homes…It makes all sorts of sense for us to include all congregate settings in the first line of vaccines.” She emphasized that vaccinating incarcerated people would provide added protection for correctional officers and medical or food service providers. 

The Hiland Mountain Correctional Center in Eagle River, Alaska, reported 109 active COVID infections last week, and the prison is now on lockdown. Randy McLellan, a correctional officer at Hiland Mountain and the president of the Alaska Correctional Officers Association, warned that extended lockdowns have negatively affected the mental health of both staff and incarcerated people. “It creates kind of an unsafe environment in the facilities,” said McLellan. “And if the facility is unsafe for a correctional officer to work in, then it’s not safe for a prisoner to live in or try to rehabilitate in.” Two other prisons in the state—the Anchorage Correctional Center and Goose Creek Correctional Center—have also reported more than 100 active cases.

Corrections employees and incarcerated people who are at high risk of contracting COVID-19 have begun receiving coronavirus vaccines in California. Prison medical facilities have received 18,600 doses of the Moderna vaccine and 3,259 of the Pfizer BioNTech vaccine thus far. Correctional employee union officials have been told that all employees who want to receive the vaccine will have the opportunity to do so by the end of January. The Department of Corrections and Rehabilitation also began mandatory testing for employees last week. Those who refuse testing will be sent home without pay and be subject to formal disciplinary measures. 

The Florida Department of Corrections changed its COVID-19 dashboard last week, dramatically limiting the information it shares with the public about the spread of infection inside state prisons. Instead of a breakdown by facility, positive test results for incarcerated people and staff are only published as agency-wide data. The state no longer shares the total number of tests administered or the positivity rates, which used to be published for each facility. “The change in reporting is definitely a step backward and puts Florida toward the bottom of the states [for available prison data],” said the COVID Prison Project’s Kathryn Nowotny. “This is a huge step backwards when we should be moving forward with data transparency.” At least 17,208 people in Florida prisons have contracted COVID-19, and 189 have died—the highest death toll of any correctional system in the country. State prisoners are 250% more likely to contract COVID-19 than the general population, and 113% more likely to die as a result.

December 21

Some Alabama counties have tapped into CARES Act funds to hold more than 3,500 people who were set to be transferred to state prisons, but the money runs out on December 30. Housing state detainees costs Baldwin County roughly $2,000 every day, currently reimbursed from federal aid, and Sheriff Huey “Hoss” Mack Jr. said overcrowding also increased the likelihood of infection and created security risks. “There are many counties that are just not prepared to handle this big influx of state inmates,” said Sonny Brassfield, Executive Director for the Association of County Commissioners. “Certainly if Congress extends coronavirus relief package that does further provide money for a few more months to reimburse counties for the cost, but that only puts off the inevitable.”

Many people currently held on misdemeanor charges in Cuyahoga County could be granted an early release in an effort to prevent overcrowding. Cases involving domestic violence convictions will not be eligible for review. “We are once again forced to take significant steps to reduce the inmate population of the correction center, which has increased steadily to over 1,350,” wrote Cuyahoga County Sheriff David Schilling Jr. The jail has struggled to maintain adequate staffing levels, and Ohio National Guard troops are providing security support.

In-person visitation will resume on December 23 in five Nebraska correctional facilities: the Nebraska State Penitentiary, the Diagnostic and Evaluation Center, the Nebraska Correctional Youth Facility, the Work Ethic Camp, and the Community Correctional Center-Lincoln. Family and friends can submit requests through the NDCS website, and officials asked that the forms be completed at least a week in advance. All visitors will be required to wear masks, socially distance, and submit to a coronavirus screening upon entry. In order to allow visitors, a facility must be free of any active COVID-19 cases, though they can still house people in medical isolation or quarantine. 

At the Halawa Correctional Facility in Oahu, officials reported 177 active coronavirus cases among incarcerated people and 33 among employees. Liz Ho, United Public Workers administrator, said employees have been working up to 36-hour shifts because of understaffing. “They’re stressed, they’re overwhelmed and they’re scared,” said Ho. “Every day they go to work afraid to contract COVID-19 and bring it home to their families.” As of last week, 1,467 incarcerated people and 170 employees of Hawaii prisons have tested positive for COVID-19.

After positive coronavirus test results for 22 incarcerated people, four jail staff, and an employee of a food vendor, movement has been further restricted at the Onondaga County Jail in Syracuse, New York. Since the onset of the pandemic, activities and outside contact have been restricted, and visits have been limited to phone calls or video conferences. This week, incarcerated people were allowed out of their cells for physical activity on a staggered schedule, but meals were delivered to cells instead of being served in a common area. “It’s trying to reduce the amount of inmates and staff moving within the facilities,” said Sheriff Gene Conway. “Every day now, we’re trying to come up with more ways to minimize the exposure possibility.”

Ohio Governor Mike DeWine said determining the priority level given to vaccinating incarcerated people and corrections staff is still “a work in progress,” though he said employees would be given high priority. DeWine welcomed public input on the process, saying he was “open to people coming forward with ideas and suggestions.” There have been 3,092 reported positive test results for employees, and 8,289 among incarcerated people in the state. People held in the state’s prisons are 242% more likely to contract the virus, and 268% more likely to die than the general population.

December 14

Massachusetts Governor Charlie Baker followed the advice of health experts in his administration, and included people in prisons and jails in Phase 1 of the state’s vaccination plan, along with health care workers, first responders, and those in congregate living facilities like shelters and long-term care homes. California, Utah, New Mexico, Montana, Nebraska, North Carolina, and Maryland have also designated incarcerated people as Phase 1 recipients. In Colorado, Governor Jared Polis insisted that incarcerated people would not be in the first phase of vaccination. “There’s no way that prisoners are going to get it before members of a vulnerable population,” Polis said. “There’s no way it’s going to go to prisoners before it goes to people who haven’t committed any crime. That’s obvious.” Polis later clarified that incarcerated people could qualify for early vaccination based on age or medical vulnerability. Plans in Oregon, Nevada, Alaska, South Dakota, Texas, Wisconsin, Michigan, Tennessee, Georgia, South Carolina, and Florida make no explicit reference to vaccinating incarcerated people. Missouri is the only state that has specifically designated incarcerated people among its lowest priority populations.

After Clay County officials sent out 400 jury summonses, they received 160 requests for excusal, and just 14 people reported to the court for jury duty. “We were disappointed in the turn-out, certainly,” wrote Clerk of Court Tara Green. “It does, however, serve as an indicator of the level of concern that may remain in our population.” As recently as a few weeks ago, courts in Florida’s Fourth Judicial Circuit, covering Clay, Nassau, and Duval counties, were operating at near-normal status, but three trials fell apart after defendants, a juror, and a court employee fell ill. Since March, 343 Duval County jail employees have tested positive for COVID-19, along with 20 courthouse bailiffs. There are 4,150 pending felony cases in Duval County, up from under 3,000 at the same time last year, and the backlog in cases is contributing to increasing jail populations. In June, the county jail held 2,172 people, but the population last week was up 20%, to 2,591.

Police in Springfield, Missouri, closed the police station lobby to the public, citing “a staffing shortage, made worse recently due to the impact of COVID-19.” In Howard County, the sheriff’s office has been closed since Thanksgiving, with staff limited to one part-time and two full-time deputies, working from their cars and homes. Without adequate manpower to staff the jail, Howard County officials moved all incarcerated people to the jail in nearby Cooper County. After a coronavirus outbreak left the Pike County jail with only seven employees, the facility was closed, and all residents were transferred to neighboring Audrain County.

The Monroe County jail in Rochester, New York began testing all incarcerated people for COVID-19 last week. “By testing every single inmate inside of our jail, we will have a clear picture of who is currently infected—working with ‘I knows’ versus ‘what ifs,’” said Sheriff Todd Baxter. Those who test positive will be quarantined for 21 days. While visitation is suspended, incarcerated people will be provided with two free 15-minute phone calls and one free 30-minute video call each week. Baxter said he would work with the county legislature and county executive to provide more free calls in the future.

In Nevada, corrections officers are in the first tier of priority for vaccinations, but some staff have indicated that they would refuse to take the vaccine. “We did get some employees that were willing to quit if they were forced to take the vaccination,” Christina Leathers, head of human resources for the Department of Corrections, told the state Sentencing Commission. “So we’re definitely treading lightly on this topic.” Corrections officials told the commission they would like to require incarcerated people to be vaccinated, drawing from a current requirement that they be tested for tuberculosis. Legislation on required vaccination could be considered in the upcoming 2021 session. More than 1,200 people held in Nevada prisons have tested positive and are in isolation, 2,971 are in quarantine, eight are currently hospitalized, and five have died.

As of Friday, 237 people held at the Cuyahoga County Jail had tested positive for COVID-19, up from 190 on Thursday. “This virus is everywhere in Cuyahoga County and the community spike is reflected in our jail,” said Chief of Public Safety and Justice Service Bob Coury. The Cleveland, Ohio jail will also receive staffing assistance from the Ohio National Guard. Governor Mike DeWine had offered deployments to help cover staffing shortages in prisons, but expanded that offer last week to include a correctional facility, county jail, or other confinement in the state.

December 7

The Multnomah County Jail is operating at 66% capacity, down from 95% in early spring, and a new grand jury report found that the lower population led to “an overall positive impact on the operation of the facilities.” The annual review of conditions and management of correction facilities included a particular focus on the impact and response to COVID-19. Grand jurors concluded that the Multnomah County Sheriff’s Office had “taken appropriate precautions to mitigate the spread of the COVID-19 pandemic,” with no known cases inside the jails, prison, and youth detention center. In addition to changing policies related to housing and movement of incarcerated people, the Sheriff’s office also conducted shift briefings for staff in virtual formats to avoid large groups, provided alternative extended leave options for employees, and expanded telework opportunities where possible. The report encouraged the sheriff’s office to look for alternative ways to address the mental health needs of those who have remained in custody, and to resume offering free phone calls in places without in-person visitation.

As part of a settlement of a class-action lawsuit with the ACLU of Colorado, the Weld County Sheriff’s Department will no longer admit people charged with minor offenses to the county jail. Staff will also be required to identify medically vulnerable people during admissions, and take additional steps to safeguard them from infection. “When you’re talking about a contagious virus,” said ACLU legal director Mark Silverstein, “the health of the people that are detained in the jail is inextricably linked to the health of the staff and the health of the families of the staff, and the health of the community, because a jail is not a totally closed and isolated institution.”

At the Adult Correctional Institutions in Cranston, Rhode Island, 448 incarcerated people and 112 employees have tested positive for COVID-19. Inside the maximum-security unit, 89% of residents have become infected. Officials have provided incarcerated people with KN95 masks, and increased testing, going from once every two to four weeks to once per week for people who have been sentenced. As of last week, only one person from the facility has been hospitalized.

Thomas Maher, executive director of Duke’s Wilson Center for Science and Justice, has been appointed special master to oversee North Carolina’s management of prisons during the coronavirus pandemic. Maher will work with state officials and civil rights groups to ensure that court orders on population reduction, testing, and transfers are followed, and provide guidance on transfers to halfway houses or home confinement. There are more than five hundred people in North Carolina prisons with active COVID-19 infections; another 4,728 tested positive but have since recovered. Twenty-five have died.  

A report from the Washington ombuds office found that missteps by prison administrators likely worsened the outbreak at the Coyote Ridge Corrections Center. The report found that medical staff were excluded from decision making, and the prison’s medical director was denied a seat in the command center. Staff did not comply with mask requirements at the prison, and continued to carpool without masks. Rumors of poor conditions inside medical isolation units led to low levels of self-reporting among residents, leaving administrators to surveil phone conversations, video visits, JPay messaging, and mail to find people discussing their symptoms. The report provided recommendations to prevent and contain outbreaks, including more rigorous testing and screening, and quicker quarantine procedures.

As of Thursday, nearly half of the people at the Goose Creek Correctional Center in Point Mackenzie, Alaska, had active COVID-19 infections. Two people held at Goose Creek have died, and seven are hospitalized. Another six incarcerated people from facilities statewide are hospitalized. Six of the prison’s ten housing units are under lockdown with active cases, and COVID-positive people are housed together, sorted by shared symptoms. “It’s always challenging in a congregate setting, I think, to social distance,” said corrections spokeswoman Sarah Gallagher. “We’re all aware of that. And we do the best we can.”

Oregon Governor Kate Brown announced an expansion of eligibility for early release from state prisons, allowing those who are within six months of release to be considered. Candidates for release must have served at least half of their sentence, have a good conduct record for the previous year, and have a housing plan. Those who are serving time for a crime against another person or for a Measure 11 crime are not eligible. Of the nearly 2,000 people who were previously deemed eligible for review, Brown granted commutations to 151, 56 of whom had serious medical conditions. Nearly 1,400 people held in Oregon prisons have tested positive for COVID-19 and 17 have died. As of Friday, 58 people had active infections; all were held at either the Eastern Oregon Correctional Institution in Pendleton or the Oregon State Correctional Institution in Salem.

November 30

At the Chesapeake Correctional Center, 232 incarcerated people and four deputies have tested positive for COVID-19, and some residents have been moved into a separate, specialized coronavirus unit. Sheriff Jim O’Sullivan started converting the auxiliary building into a COVID unit in April. “From the beginning, we have been hoping for the best and preparing for the worst,” said O’Sullivan. “This is our first outbreak. Our COVID-unit is now open and staffed. With the help of many city and state agencies, the Virginia Department of Health, and the Chesapeake Regional Medical Center, we are safely providing the best possible care.”

While Florida prisons have resumed in-person visitation with extended holiday hours, children under the age of 12 are not allowed. Visitation is limited to three hours, visitors and residents are separated by a plastic screen, and no form of physical contact is permitted. “We appreciate Secretary Inch modifying the visitation schedule to partially return the holidays and remain hopeful he will allow children under 12 to visit and hug the incarcerated during this special holiday,” said Florida Cares’ Denise Rock, who noted that children were allowed in long-term care facilities. Michelle Glady, a spokesperson for the Department of Corrections, said the limitations were in place to prevent the further spread of COVID-19, but that one of the departments “paramount priorities” was to “support the family unit and promote vital family bonds.” Florida is one of just 13 state correctional systems offering in-person visitation.

The coronavirus infection rate for the Bibb County Sheriff’s Office is three times higher than in Macon-Bibb County, affecting one in every six employees. An investigation from Mercer University’s Center for Collaborative Journalism and WMAZ found that the county jail staff had the highest infection rate, with nearly two-thirds of jail deputies testing positive. “For a while, it was running pretty strong through the office,” said Sheriff David Davis. “We get a list every day, and there’d be, you know, 10 or 12 or 20 people on it during the summer. That was like when we were right in the middle of the storm.” Some of the infections among staff were traced to after-work parties or social gatherings in the spring and early summer, though Davis said he didn’t know of any recent large gatherings among staff: “I think everybody kind of wisened up since then.”

The Bureau of Prisons will be one of the first federal agencies to receive the coronavirus vaccine, and initial allotments will be reserved for staff, according to planning documents obtained by The Associated Press. As of Sunday, more than 24,000 people held in federal prisons had tested positive for COVID-19, 4,523 had active infections, and 141 had died. More than 3,200 BOP staff members have contracted coronavirus, 1,381 have recovered, and two have died. The infection rate for residents of federal prisons is nearly twice as high as that of BOP employees. “Prisoners are among the very highest-risk groups for contracting COVID-19,”said David Patton, head of the federal defender office in New York. “The government should certainly prioritize prison staff, but to not also prioritize the people incarcerated is irresponsible and inhumane.”

Nearly 300 people held in Nebraska prisons have active coronavirus cases, including 112 at the Omaha Corrections Center, 71 at the Lincoln Corrections Center, and 98 at the Tecumseh State Correctional Institution. “Once it gets into a prison system it can spread so quickly,” said Doug Koebernick, Nebraska’s Inspector General of Corrections. His office is investigating six recent deaths among incarcerated people who had tested positive for COVID-19, with three deaths occurring within the past ten days. Laura Strimple, Department of Corrections Chief of Staff, said it was inevitable that community spread would create an outbreak inside prisons, but that the department has been planning for an outbreak for the past nine months. Nearly 60 corrections employees tested positive within the past two weeks, but Strimple said all staffing needs were being met, and no additional assistance had been requested from outside agencies.

Jury trials in Alabama’s Mobile County have been suspended until at least January 11, 2021, after the county was classified as “high risk” by the state Department of Public Health. “The Court will continue to consult with public health officials to determine whether jury trials may safely recommence at that time,” wrote Presiding Judge Michael A. Youngpeter. In Madison County, some hearings in district, traffic, and small claims courts were suspended, along with jury trials. The Department of Public Health classified Madison County as “very high risk,” and Presiding Judge Ruth Ann Hall said additional safeguards would be required to protect court staff, attorneys, and the citizens of the county. Judges in both Mobile and Madison County were encouraged to conduct hearings by videoconference or phone.

November 23

A new executive order from Maryland Governor Larry Hogan would allow more people to be released from state correctional facilities. At least 650 people have already been granted early release from Maryland prisons since the onset of the pandemic. Hogan’s order makes people who are incarcerated for non-violent, non-sexual offenses, and whose prison sentences are set to end within four months eligible for early release or home detention. Officials will also consider a person’s medical condition, pregnancy, or other special needs in evaluating releases. Those aged 60 or older will be eligible for accelerated parole consideration, as long as they have a record of good behavior. More than 2,000 people who live or work in Maryland prisons have contracted COVID-19; 13 incarcerated people have died, along with two employees of the Department of Public Safety and Correctional Services.

Three incarcerated people and one employee of the Iowa Department of Corrections died last week after contracting the coronavirus. As of Thursday, 611 incarcerated people had active infections, and nine were hospitalized. Iowa prisons have the fourth-highest per capita case rate, behind South Dakota, Arkansas, and Kansas; and people held in the state’s prisons are 548% more likely to become infected than the general population. People working in Iowa prisons are 213% more likely to become infected than Iowans overall. 

Pima County Administrator Chuck Huckelberry raised concerns about the low level of testing for employees at the Federal Correctional Complex in Tucson. Until last week, the prison was not offering on-site testing for employees, instead directing them to find a free clinic or ask their doctors. Only 160 of the nearly 600 employees reported having been tested. “We believe the facility needs to provide comprehensive COVID-19 testing for all staff,” Huckelberry wrote in a report to the Pima County Board of Supervisors. The County Health Department sent a mobile testing unit to the prison last week, and will be back on-site on Tuesday. The report also noted “significant lapses” in mask and PPE usage among correctional staff, and warned about the impact of a potential outbreak on the county’s hospitals. “Given the current staffing issues that are being experienced throughout Pima County and the state,” he wrote, “we remain very concerned about the additional strain this may place on local hospital resources.”

Jury trials resumed last week in Louisiana’s Jefferson Parish, with a host of new infection control protocols. Jurors are seated throughout the gallery, witnesses testify from behind plexiglass panels, and defendants and their lawyers are seated at separate tables, communicating through a whisper microphone system typically used for simultaneous translation. Members of the public are not allowed inside the courtroom, but can watch a live video stream in a separate room at the courthouse. “Here at the 24th [Judicial Circuit Court] we’re doing everything that we can to reduce the risk of exposure to the virus while balancing the need to protect the constitutional rights,” said Chief Judge Ellen Shirer Kovach, who noted that court officials were monitoring COVID-19 counts in the community. “With all of the protections we have in place, there are no undue concerns.”  

“We just want to make sure we stay on top of it,” said Jackson County Sheriff Darryl Forte on Wednesday, as he announced that all people held in the Kansas City-area jail would be tested for COVID-19 on a weekly basis. Since March, 182 employees and incarcerated people at the jail have tested positive for coronavirus, with 12 new infections reported last week. Testing will cost nearly $40,000 per week, and the sheriff’s office may ask the state legislature to provide funding after an initial four-week trial period.  

On October 15, there were seven known cases of COVID-19 among Hawaii prisoners at the Saguaro Correctional Facility in Eloy, Arizona. “He has assured us he has everything under control,” Hawaii’s acting Public Safety Director Fred Hyun said that day of CoreCivic’s Todd Thomas, who had taken over management of the prison. “I have complete faith in Todd.” Since then, 525 additional Hawaii prisoners have contracted the virus, and one has died. In a written statement last week, Hyun said CoreCivic officials have assured the Public Safety Department that they would continue to implement stringent hygiene and sanitation measures, and follow CDC guidelines for testing, isolation, and quarantine. Hawaii spent $36.2 million last year to house people at Saguaro, and State Representative Takashi Ohno, chairman of the House Committee on Corrections, Military, and Veterans Affairs, said they were reevaluating the relationship. “We’re certainly going to be looking into the performance of those private prisons,” said Ohno. “We’ll take a hard look at some of the contracts we have in light of COVID – what they’ve done, or how they’ve come up short in their work.” 

Vermont Public Radio’s Jane Lindholm spoke with a mother incarcerated at the Chittenden Regional Correctional Facility about the challenges of parenting from prison during a pandemic. Bobbi has been incarcerated since June. She has two children, aged 13 and 17, and maintains contact through phone calls and weekly video calls in Kids-A-Part, a family visitation space. “It’s really hard, not being able to hug my kids. I can’t even explain how hard that is, honestly,” she said. “It’s one thing to have a video visit, that’s great. But it’s a totally different thing to be able to hug your kids.”

November 16

Admissions to the North Dakota State Penitentiary have resumed, after being suspended on October 19. Late last month, cases spiked at the state prison, with nearly 600 infections among incarcerated people and 21 among staff. As of Tuesday, only 36 people had active infections. “Originally, we had specific numbers that would dictate decisions,” said Department of Corrections and Rehabilitation spokeswoman Kayli Richards. “We realize this is a very fluid situation,” she continued. While admissions were suspended, as many as 159 people designated for state custody were held in county jails; 39 of them were transferred to state prisons last week with another 35 scheduled for this week.

Faced with limited space and increasing case rates in the surrounding community, the Wichita County Jail is only admitting people who have been charged with serious felonies, assault, family violence, or violation of a protective order. “The bottom line is we’re running out of our quarantine space, and if we run out of quarantine space, then we’re sure to get COVID-19 into the jail,” said Sheriff David Duke. “That’s what we’re trying to prohibit from happening.” There are seven known infections in the Wichita Falls, Texas jail, and six officers and 44 incarcerated people are quarantined pending test results.

Since the onset of the pandemic, New York’s prison population has dropped to its lowest level in 34 years, but only five people have been released on medical parole. The little-used mechanism is available for people who have a terminal health condition, a significant or permanent disease or syndrome, or who do not pose a threat to public safety due to physical or cognitive debilitation. People convicted of first degree murder, or attempt or conspiracy to commit murder are ineligible. More than 3,100 people have been released in response to COVID-19 concerns: 2,313 were within 90 days of release, 791 were incarcerated for low-level parole violations, and 12 were pregnant or in the postpartum period.

After a spike in coronavirus deaths in the county, work release crews from the El Paso County Jail are assisting at the medical examiner’s office and at ten mobile morgues provided by the Federal Emergency Management Administration. The assignment is voluntary and offered only to trustees. Those who participate are paid $2 per hour and provided with full personal protective equipment. County Judge Ricardo Samaniego said the Texas National Guard was expected to relieve the jail crew, but he did not know when they would arrive.

On Saturday, universal testing began for incarcerated people and employees at Massachusetts State Prisons. General visitation will be suspended for two weeks until the testing process is complete. As of Friday, there were 178 COVID-19 cases at MCI-Norfolk, 22 at MCI-Shirley Minimum, five at MCI-Shirley Medium, and three at MCI-Concord. There have been at least 740 infections among people held in Massachusetts prisons, and 8 people have died. Another 284 employees are known to have tested positive, but that is likely an undercount. Mass testing was conducted in the state’s prisons over the summer, but this is the first round that will include all employees. 

More than half of all people held at the Minnesota Correctional Facility in St. Cloud have active coronavirus infections, and officials have locked down the prison to prevent further spread. The prison serves as the intake facility for the Department of Corrections, and Commissioner Paul Schnell attributed the increased infections to higher rates in the community. “When you have community spread to the extent that we’re seeing it in Minnesota,” said Schnell, “there is no way that is not going to influence congregate care settings.” Schnell said the DOC was providing masks to all staff and incarcerated people, and those at facilities undergoing outbreaks would be issued higher-grade masks.

November 9

Declining court revenue is threatening funding for police training, drug courts, and public defense in South Carolina. Annual revenue from fines and fees dropped from $78 million to just over $68 million between July 31, 2019 and July 31, 2020, a 12% decline. In the 13th Judicial District, fines and fees dropped 22.5% in the third quarter, as compared to the same time period last year. “We constantly need more money for drug court, but we can’t get it, said 13th Circuit Solicitor Walt Wilkins. “It’s expensive. The benefit outweighs the cost, don’t get me wrong, but it’s an upfront cost to rehabilitate a drug addict.” The state’s Law Enforcement Training Council gets nearly 40% of their budget from fines and fees. They’ve cut class sizes, and have only graduated 542 people this year, half as many as at the same time this year. The Indigent Defense Commission has not filled two vacant positions, and warned public defender offices to budget conservatively. “We got some appropriated dollars to help soften the blow, but the problem is all that does is keep you treading water,” said Director Hugh Ryan. “It doesn’t allow you to really expand the number of services you may need to expand.”

Rising COVID-19 rates led officials in Connecticut to postpone plans to resume jury trials. Judicial Branch spokeswoman Rhonda Stearley-Hebert said the plan would be reassessed weekly. After dropping below 1% this summer, the 14-day average positivity rate in the state is 3%, with a one-day rate of 6.1% on Thursday. And in Maine, trials for all civil proceedings, money judgments, disclosures, small claims, land use violations, and other civil matters will not be scheduled before 2021. Foreclosures will not be scheduled or heard until at least February 28. Officials hope the delay in civil cases will allow the state to clear a “staggering” backlog of 8,800 felony criminal cases. 

Despite legal requirements that they be quickly transferred to a hospital, at least 161 people deemed too mentally ill to stand trialare housed in county jails in Washington. Another 200 defendants are waiting outside of a jail. A 2015 court decision required officials to transfer people to a mental health facility within seven days of the determination that they were not competent to stand trial. Even before the pandemic, officials only met that deadline 25% of the time. Since February, that number has fallen to less than 7%. “I understand COVID is a problem, but you’ve got to do better” said U.S. District Judge Marsha Pechman in an August hearing. “There are too many people who are deteriorating in custody.”

More than 2,200 adults and 50 juveniles were released from New Jersey prisons on Wednesday, in the largest single-day release in recent state history. The releases were made possible by a new state law that reduced sentences by up to eight months, with the exception of those convicted of murder, aggravated sexual assault, and “repetitive, compulsive” sex offenders. The Department of Corrections said they gave all returning citizens state ID cards and necessary prescription medication, and are providing needy individuals with housing, transportation, and food assistance. As long as the state remains in a public health emergency, releases will continue on a rolling basis, with another 1,000 expected to be released through January. 

At the Anamosa State Penitentiary in Jones County, Iowa, nearly 500 incarcerated people have active cases of coronavirus, along with 37 employees. Anamosa accounted for nearly 80% of active cases among people incarcerated in Iowa prisons, though the Clarinda Correctional Facility is also experiencing a significant outbreak, with 94 incarcerated people and 12 employees currently infected. Since March, 1,394 people held in Iowa prisons have contracted coronavirus, and 4 have died.

U.S. District Court Judge Noel Hillman ordered U.S. Attorneys toreport on infection control protocols at Federal Correctional Institution Fort Dix. As of Sunday, 228 incarcerated people and 10 employees had active COVID-19 infections. By Tuesday, the U.S. attorneys were ordered to provide “the status of FCI Fort Dix’s safety measures, actions taken to counteract and mitigate the spread of the coronavirus, updated number of positive cases, and the actions taken in regards to the arrivals from FCI Elkton.” The outbreak at Fort Dix came after 60 people were transferred from Elkton, and Fort Dix residents have claimed that improper testing and quarantine procedures for the new admissions contributed to the current outbreak.

November 2

All incarcerated people at Federal Correctional Institution Berlin who had tested positive for COVID-19 have recovered and are transitioning out of isolation, according to prison spokesman Aaron Posthumus. Eight people tested positive at the northern New Hampshire prison earlier this month, and were placed in quarantine, as was anyone with whom they had close contact. Since then, two rounds of tests have been conducted on the nearly 570 people held at the prison, and none have come back positive. Employees were also offered voluntary testing through the state health department. The vast majority of staff have been tested at least once, and two have tested positive.

The Texas Department of Criminal Justice is providing people in state prisons in the Panhandle and the El Paso area with N95 masks. A spokesman for the TDCJ said their standard procedure was to provide the medical grade masks in areas with higher caseloads. Statewide, cases have increased by 37% in the past two weeks, and more than 22% of new cases in the past week came from El Paso County alone. The Sanchez Unit prison had just one known active case among incarcerated people as of Friday, but 110 people were in medical restriction and five were in medical isolation. Among employees, there were 16 known active cases.

After being suspending in April, addiction recovery support programming will resume at the Virginia Peninsula Regional Jail with a virtual curriculum. The We Are In This Together (WAITT) program, offered in partnership with REAL LIFE, will use instructional videos and workbooks, and provide remote monitoring and guidance from REAL LIFE and VPRJ staff. “We are very excited to offer this option to inmates who want to change and better themselves while they serve their sentences,” said Superintendent Col. Roy Witham. “While we would prefer to have counselors and program personnel in person, a virtual program opportunity is better than no programming at all.”

The Kentucky Supreme Court has asked that all in-court hearings and jury trials be postponed in “red zone” counties, where there are 25 or more cases per 100,000 people. More than half of the state’s counties are classified as red zones. The court has suggested that entry to courthouses should be limited to attorneys and parties required to attend emergency hearings and those seeking emergency protective orders, interpersonal protective orders, and emergency custody orders. The court also recommended that circuit court clerks close their offices to in-person services, asking that filings be mailed, eFiled, or filed in a drop box outside of the office; and that payments be made by money order via mail, or by cash or credit card by calling the office.

Three units of the Montana Army National Guard have been called in to provide support at the Montana State Prison in Deer Lodge. They will not be armed and will have minimal direct contact with incarcerated people. Instead, the 67 soldiers will distribute meals and mail, assist with population counts, and work in the laundry. They are expected to remain at the prison through November 8, working 12-hour shifts. “This scenario is part of our COVID-19 response plan,” said Department of Corrections Director Reginald Michael, “and this measure will allow our staff members to continue to do their important public safety work with aid from the MTARNG.” More than 200 incarcerated people and 75 employees at the prison had active infections as of last week.

Jury trials in Denver have been suspended through the end of the year, according to an administrative order from Chief Judge Michael Martinez. The order cited rising coronavirus case numbers and positivity rates, and said the virus continued to pose a threat to the health and safety of people participating in jury trials. After initially being suspended this spring, jury trials resumed in August, with new infection control protocols and larger staging and trial spaces. Since then, 28 trials have been completed in district court, nine in county court, and three in juvenile court.

After a federal judge ruled that incarcerated people were eligible for CARES Act relief checks, the South Carolina Department of Corrections posted informational brochures and distributed forms in each of its 21 state prisons, providing guidance on applying for Economic Impact Payments. According to calculations from the Internal Revenue Service, at least 80,000 incarcerated people may be eligible for payments totaling more than $100 million. “Most of the people in South Carolina prisons have no income, so a lot of their costs—whether for phone calls or items at the commissary—fall on their families,” said Shirene Hansotia, an attorney with the ACLU of South Carolina. “This is particularly difficult in a pandemic, where a lot of people are unemployed or underemployed.”

October 26

An investigation into the infection of a Vermont corrections officer led the Centers for Disease Control and Prevention to change their definition of the kind of close contact that could lead to coronavirus transmission. The CDC previously defined close contact as spending 15 consecutive minutes within six feet of an infected person. After a corrections officer contracted coronavirus, scientists from the Vermont Department of Health reviewed surveillance of his interactions with six COVID-positive people, showing 22 contacts totaling 17 minutes over the course of an eight-hour shift. After reviewing the case, the CDC revised their criteria for close contact, publishing the update in the Morbidity and Mortality Weekly Report. “As we get more data and understand the science of Covid, we are going to incorporate that in our recommendations,” said CDC Director Dr. Robert Redfield.

Courts in New Hampshire will no longer broadcast all testimony in cases involving accusations of domestic or sexual violence. Livestreams, which have been provided since jury trials resumed in August, will be shut off unless the accuser gives consent to continue. Courthouses will reserve some limited in-person seating for members of the public who wish to observe. The rule change came after consultation with prosecutors, defense attorneys, and the New Hampshire Coalition Against Domestic and Sexual Violence; but was opposed by the state Association of Criminal Defense Lawyers, who said they would make further recommendations to protect defendants’ constitutional rights. Tina Nadeau, Chief Justice of the Superior Courts, said the new policy “would better ensure an appropriate balance between the defendant’s and the public’s right to observe jury trials during the COVID-19 pandemic and victims’ rights to prevent their identity from being spread across the internet.”

At least seven people who lived or worked in Missouri prisons have died after contracting COVID-19, but officials are not releasing basic information about them, or even identifying their location. Corrections spokeswoman Karen Pojmann said the information was being withheld in the interest of protecting privacy and confidentiality, but did not respond to a request to cite a statute that would preclude the release of location information. Other state departments have released location information following the death of an employee. “Transparency is essential for government, especially during a public health crisis,” said Sara Baker, policy director for the ACLU of Missouri. “Missouri should be public about which facilities in the state are experiencing COVID outbreaks to ensure there is accountability for getting resources to those facilities, proper procedures in place to protect staff and inmates at those facilities, and decrease anxiety about the unknown.”   

Jury trials in Delaware were suspended in March but are scheduled to restart in Sussex County on November 9. Officials have installed plastic shields in public areas and courtrooms and made hand sanitizer readily available. All people who enter courts will be required to wear masks and practice social distancing, and courthouses have increased cleaning and disinfection procedures. State courts moved into the third of a four-phase system of reopening on October 5, allowing staffing to increase up to 75% capacity, and increasing the number of people allowed in courtrooms. “Delaware courts have been working on trying to get jury trials back up and running,” said Sean O’Sullivan, Chief of Community Relations for the state’s courts. “Jury services have been revamped entirely.”

More than one-quarter of people held at the Mike Durfee State Prison in Springfield, South Dakota have tested positive for COVID-19. The facility reported 294 cases on Thursday, up from 131 on Wednesday. Classes, skills training, work programs, and transfers have been temporarily suspended. An outbreak at the South Dakota State Penitentiary in Sioux Falls has also grown in the past week—going from 39 to 162 confirmed cases. The Department of Corrections and Health will start sentinel surveillance this week, aiming to test 5% of asymptomatic staff and residents each month. 

According to a budget request submitted to the Florida legislature, state courts need more than $16 million to deal with a projected backlog of more than 990,000 cases. “The financial hardship issues, the evictions and those type of things. All of that is going to create a pretty good-size mouse in the snake,” said 4th Judicial Circuit Chief Judge Mark Mahon. “We recognize it’s going to a take a pretty decent period of time to dig out of this hole.” Courts have begun to select jury pools to restart in-person trials, but the court system projects nearly 5,000 jury trials will be delayed through June 30, 2021.

October 19

Confidential data from the Illinois Department of Health showed nearly twice as many COVID-19 cases in state prisons as had previously been reported. The data was shared with the Midwest Center for Investigative Reporting as part of an open records request. While Illinois officials reported nearly 1,800 cases to the Associated Press and the Marshall Project, the data showed at least 3,500 cases across 36 state correctional facilities as of September 30. Half of the state’s ten worst outbreaks were at correctional facilities—the Cook County jail in Chicago, Stateville Correctional Center in Will County, East Moline Correctional Center in Rock Island County, Robinson Correctional Facility in Crawford County, and Jacksonville Correctional Center in Morgan County. There have been at least 241 cases among residents and employees at the Jacksonville Correctional Center, with seven of the initial nine employee cases traced to a retirement party held in late July.

Video visitation is now offered at the Parnell and G. Robert Cotton Correctional Facilities in Jackson, Michigan, and will be available at six other facilities within the next month. Visits will cost $3.20, will be limited to 20 minutes, and should be scheduled online two to three days in advance. “Contact with friends and family is so important to the prison population,” said Department of Corrections Director Heidi Washington. “That’s why we worked hard to explore new technologies that could allow them to connect with their loved ones during this time.”

At the Crossroads Correctional Center in Shelby, Montana, 239 incarcerated people have tested positive for coronavirus, up from just 18 on October 6. At least 31 employees were at home recovering from infection as of Wednesday, according to CoreCivic spokesman Ryan Gustin. Crossroads is the only for-profit prison under contract by the Montana Department of Corrections. In June, state corrections officials called for COVID-positive residents to be isolated in single unit cells where possible, or in cohorts of infected people. Gustin did not answer when asked whether the prison was isolating and quarantining in accordance with the plan. Across the state, in Deer Lodge, the Montana State Prison recorded its first known COVID-19 cases, with positive tests for 36 residents and 23 staff. A statement from the Department of Corrections said everyone who had tested positive at MSP was isolated in their cell or with other COVID-positive people.

The Cambria County Prison Board has adopted new staffing guidelines to deal with shortages caused by a coronavirus outbreak that may contribute to the further spread of infection. Under the new rules, people who may have been exposed to COVID-19 will be permitted to continue working if they are asymptomatic and if their absence would adversely impact the operation of the prison. Employees will be tested three days after exposure, but will remain on the job until after their test results are received. Only those who test positive at the three-day mark will be placed off work and told to quarantine. The Centers for Disease Control and Prevention warns that COVID-19 may be spread by people who are not showing symptoms, and directs people to quarantine for 14 days after exposure even if they test negative or feel healthy, as symptoms may appear within two to 14 days. As of Wednesday, 62 people held at the prison in Ebensburg, Pennsylvania had tested positive for coronavirus, along with 24 employees.

Florida’s prison population is at a fifteen-year low, largely driven by delayed intake and processing of new admissions. As of September, the population was at 84,601, down almost 12% from 2019. Transfers from local jails to the Florida Department of Corrections were suspended in March, and trials and hearings due were delayed to pandemic and courthouse restrictions. The monthly average of 6,000-7,000 new admissions dropped below 1,900 from April to June, and increased to just 2,200 from July to September. Florida did not release people from prisons to help control the spread of infection, a preventative measure adopted by 29 other states. At least 140 people held in Florida prisons have died after contracting COVID-19, along with at least four corrections employees. Florida has thesecond-highest number of cases of any correctional system in the country, behind only Texas; and has the fifth-highest case rate, behind Arkansas, Tennessee, Idaho, and New Jersey. 

At the Orange County Jail in Santa Ana, California, nine people have active COVID-19 infections, down from a high of 220 in May. Six of those infections came from new bookings. “With guidance from our health partners, the department implemented a series of changes to practices and procedures to mitigate the spread of COVID-19,” wrote Sheriff Don Barnes. “The success of our strategy is demonstrated by our numbers.” Barnes oversaw the release of 1,072 people who were held for low-level offenses and had six months or less left on their sentences. County judges approved the release of another 2,357 people. Sheriff’s deputies also reduced the number of people being taken into custody, contributing to a decline from a high of 5,000 to the current population of nearly 3,800. Incarcerated people were given face masks and increased supplies of cleaning materials and hand sanitizer; and newly admitted people were quarantined for two weeks and tested on day 11 or 12 before they were housed with the general population.

October 12

New air ionizers, which use bi-polar and hydrogen peroxide ionization to kill airborne viruses, will be installed in 16 South Carolina prisons to help reduce the spread of coronavirus. The air purifiers will also help reduce particles that contribute to chronic obstructive pulmonary disease and asthma. Bryan Stirling, Director of the South Carolina Department of Corrections, said he believed they would be the first prison system to install the ionizers. The project is funded by $926,662 from canteen funds, but may be eligible for reimbursement through the CARES Act. 

Nearly 60% of people held in Wasatch A and B blocks at the Utah State Prison in Draper have active COVID-19 infections. Mike Haddon, Executive Director of the Utah Department of Corrections, said most were either asymptomatic or experiencing very minor symptoms. The outbreak spread quickly, from just 2 active cases on September 23 to 205 as of Sunday. Haddon said they were taking several steps to contain the infection and limit exposure—staff are wearing protective gear, incarcerated people have been issued masks, and movement has been limited from housing units with known infections. “Our inmate population today is the lowest it has been in 17 years, so that effort has been paying off to move people out of harm’s way everywhere we possibly can,” he said, noting that they are continuing to use early releases for people who are due to be released within six months, or are medically vulnerable.

U.S. District Court Judge Phyllis Hamilton ruled that incarcerated people could not be denied CARES Act stimulus funds solely because they are incarcerated. The section of the CARES Act that allowed for stimulus checks did not specifically exclude people in prisons or jails, but the IRS applied a section of the Social Security Act to exclude them. “I can’t give you the legal basis,” IRS Spokesman Eric Smith said in June. “All I can tell you is this is the language the Treasury and ourselves have been using.” Both the IRS and the Treasury Department told corrections officials to intercept and return any checks sent to incarcerated people, and officials in Utah, California, Vermont, Mississippi, Pennsylvania, Arizona, Oregon, Idaho, Montana, Washington, Nevada, Wisconsin, and Kansas reported having intercepted and returned checks. Eligible incarcerated people have until October 15 to send an application letter to the IRS, or until November 21 to apply online.

Staff at the Oahu Community Correctional Center, Hawaii’s largest jail, reported that newly admitted people are still not being isolated for 14 days, and residents are being moved around the facility in ways that could contribute to the spread of infection. “Everybody that’s coming in is supposed to be quarantined, but because there’s no room, they always get mixed up,” said one staffer. In August, Nolan Espinda, then-director of the Department of Public Safety, acknowledged that correctional facilities had not properly quarantined people, and said tents and modular quarantine facilities would be added. Espinda has since retired, and the OCCC still has no tents or modular facilities. As of Saturday, 401 people held at the jail had tested positive for coronavirus, and 357 had recovered. Among employees, 99 had tested positive and 80 had recovered.

A federal appeals court has blocked a lower court order that required the Texas Department of Criminal Justice to provide hand sanitizer to incarcerated people who are elderly or disabled, and to improve infection control protocols for the general population and staff. The order had been set to take effect on October 14, but is now on hold while the 5th U.S. Circuit Court of Appeals considers the case on its merits. 

Fabian Tinsley died in April after contracting COVID-19 at the Butner Federal Correctional Complex. The Bureau of Prisons waited 113 days to officially notify the family that Tinsley had died, though they released his name to local press in North Carolina, and updated his online incarceration record to reflect that he was deceased. Nearly six months after his death, his family still has not been told where his body is stored, or given information about when and how they could bring him home to the DC area. “He was still a human being, part of our family,” said Tinsley’s niece Regina February. “He deserves some dignity, for us, and for the generation of nieces and nephews he never met.”

October 5

While visitation remains suspended in Alaska prisons, incarcerated people are provided with three free 15-minute phone calls per week. “We recognize the burden of suspended visitation and understand the importance of connecting with loved ones,” said Alaska Department of Corrections spokeswoman Sarah Gallagher. Beyond the free calls, some families are spending hundreds of dollars to stay in contact with their loved ones, and have urged the DOC to offer alternative ways to connect. The DOC said safety concerns and technological limitations prevented them from offering video or email communications. Last year, calls placed through Securus generated $1.9 million in revenue, and $1.4 million was returned to the state of Alaska. “They claim they do not have enough funds to update the facilities to provide video calling access,” said Angela Hall, whose husband is held at the Wildwood Correctional Center in Kenai. “How about they use that kickback that we are paying for to make that happen?”
 
Despite an outbreak in the York County Jail that infected at least 80 people last month, a state inspection found that jails in several other counties had not adopted common infection control protocols. The Kennebec County Correctional Facility was not screening employees for symptoms or conducting temperature checks. Visitors were not required to wear masks and did not undergo any coronavirus screening, and the facility did not quarantine newly admitted people for 14 days. Jails in Somerset and Knox counties were also not quarantining new admissions for the recommended two week period. Only four of the state’s 14 jails had a plan to divert new admissions in the case of an outbreak. Since the inspections, which took place on September 4, several of the sheriffs said they had updated their protocols. “Our first set of directives concerning this pandemic have continuously evolved since March as we continue to learn best practices,” said Knox County Sheriff Timothy Carroll. “As this goes on, more changes will have to be put in place.”
 
Concluding a trial that started in July, U.S. District Judge Keith Ellison ruled that the Texas Department of Criminal Justice acted with deliberate indifference toward the medical needs of incarcerated people and recklessly disregarded obvious health risks during the COVID-19 pandemic. Ellison’s order requires TDCJ to provide unrestricted access to soap and water and sufficient cleaning supplies to all incarcerated people, and to provide hand sanitizer to people who use a walker, a cane, crutches, or a wheelchair. All staff and incarcerated people are also required to wear face masks. Texas prisons have reported 22,746 coronavirus infections and 161 deaths among incarcerated people and 4,804 infections and 20 deaths among employees. People in Texas prisons are 615% more likely to become infected than the state’s overall population, and 141% more likely to die as a result.
 
After an outbreak at the Essex County Jail in Middleton, Massachusetts, officials suspended in-person visitation and moved court appearances to a video conferencing platform. Sheriff’s office spokesperson Gretchen Grosky said the outbreak was contained to one building, and affected 14 incarcerated people and nine employees. “We’ve taken a number of precautions throughout our facility to mitigate the exposure and risk to others,” said Grosky. “Everyone in our facility is wearing N95/KN95 masks and we continue to enforce a rigorous 24-hour cleaning schedule, symptom monitoring, as well as social distancing.” 
 
A wastewater testing system started in Ohio prisons will be expanded to at least 36 cities. Sewage samples showed virus particles up to seven days before cases were apparent, according to Annette Chambers-Smith, director of the Ohio Department of Rehabilitation and Correction. That early detection allowed facilities to halt visits and limit interactions to prevent the spread of infection. “We know that COVID comes into prisons from the outside,” Chambers-Smith said. “But once it gets in there, it’s very hard to stop it.” Wastewater testing programs have also been implemented in prisons in Kentucky, Missouri, and Michigan.  
 
The first COVID-19 case at the Snake River Correctional Institution in Ontario, Oregon, was identified in July. By late September, there were 533 cases among people living or working at the prison, and 4 incarcerated people had died. The prison’s 14% infection rate is well above the state average of 4%, second only to the Eastern Oregon Correctional Institution in Pendleton, where 18% of incarcerated people have become infected. Six state prisons have no reported cases. A special inspection team from the Department of Corrections visited Snake River in August, and found that some employees were not wearing masks or were wearing them improperly, while others were not practicing social distancing. The assessment also found that the single-layer polyester and cotton masks provided to incarcerated people were not up to standards set by the Centers for Disease Control and Prevention. Despite these findings, the assessors concluded that managers at the prison were taking COVID-19 seriously.

September 28

In Virginia, the Richmond City Jail held a town hall for incarcerated people with Richmond and Henrico Health District Director Dr. Danny Avula. Incarcerated people were able to ask Dr. Avula about COVID-19, health protocols, and the timeline for a return to normal practices. Dr. Avula told the group they would likely need to continue wearing masks and practicing social distancing for at least the next year. Earlier this month, the jail identified 91 coronavirus cases, and has conducted more than 1,200 tests for staff and incarcerated people. Dr. Avula also recommended people get a flu vaccine, noting that the symptoms were very similar to COVID-19.

The Cook County Jail will serve as a temporary branch polling place in the upcoming election, and officials are implementing safety protocols to prevent an election-related outbreak of COVID-19. More than one-third of people held at the jail voted in the March primary, the first time in-person voting was allowed. Leading up to the primary, officials brought in guest speakers to conduct civic-oriented seminars, but coronavirus restrictions have limited outside visitors. Instead, the jail’s televisions air civic programming, and staff are providing informational flyers and answering questions through the inmate services department. Civic participation programs are part of the jail’s effort to help people be more productive and engaged in their communities. “It’s not just about compliance with the law in Illinois,” said Marlena Jentz, assistant executive director of programs at the Cook County Sheriff’s office, “but it’s also about social justice, it’s about fairness, it’s about hope.” 

The population of Los Angeles County Jails has increased to 13,280, from a low of 11,723 in April. Officials said the uptick was linked to restrictions on transfers for people who should be held at state prisons or hospitals. Analysis from the Vera Institute showed bookings increased by 11% in the first two weeks of August, and that more than 80% of people in the jails are being held pending trial.

The St. Joseph County Jail in South Bend, Indiana will undergo major renovations to help prevent the spread of infection. Using some of the county’s $8.7 million in funding from the CARES Act, officials plan to upgrade heating, ventilation, and air conditioning systems; provide more online courtrooms; update medical equipment; and redesign the visitation area to allow for more social distancing. “I want to make sure everybody is happy and healthy and I want to make sure we’re doing the right thing,” said St. Joseph County Commissioner Deborah Fleming. “I don’t want people in the jail getting COVID-19 or relatives that come in.” DLZ, the local engineering company contracted for the project, is also assessing county buildings to look for ways to protect employees and visitors from infection. 

Spurred in part by coronavirus-related budget cuts, Rhode Island Governor Gina Raimondo proposed a geriatric parole system that could save the state $1.7 million. People who are 65 years of age or older, suffer from serious illness, and have served at least 75% of their sentence would be eligible. Governor Raimondo’s team estimated that 24 people would be eligible for early release under those guidelines in fiscal year 2021, with at least 6 likely to actually receive parole. Department of Corrections Director Patricia Coyne-Fague said she supported geriatric parole, noting that in some instances, “one inmate can blow our entire medical budget for the year.” 

Of the incarcerated people who tested positive for COVID-19 at the Santa Barbara County Jail between August 24 and September 7, all but one has recovered. The remaining patient is monitored regularly, and medically isolated in a negative-pressure cell. Spokeswoman Raquel Zick said that most of the people who tested positive were asymptomatic. Sheriff Bill Brown credited the County Public Health Department and WellPath, the jail’s contracted medical provider, for averting a more serious outbreak. “Their remarkable collective efforts resulted in the rapid containment of the virus,” Brown said. “We continue to take every reasonable precaution possible to maintain the safety of those who are in our custody and care, as well as our employees and contract staff.”

Visitation at North Carolina prisons and juvenile justice facilities will resume on October 1, after being suspended in mid-March. Visits will be by appointment only, must be arranged through individual facilities, and will not be permitted in facilities on “Red Status” or undergoing significant outbreaks of COVID-19. All visitors will receive temperature checks and be screened for exposure to the coronavirus. Incarcerated people will be allowed one 30-minute visit per month with two people per session, and no children under the age of 12 are allowed. “This pandemic has been hard on everyone involved – staff, offenders, and their loved ones – and we are grateful for everyone’s patience of the past six months,” said Tim Moose, chief deputy secretary of state corrections. “We recognize visitation is important to our adult offenders, juveniles and their families, especially during the upcoming holidays, but continuing even limited visitation depends on the spread of the virus in our communities and its impact to those working in and confined in our facilities.”

September 21

In Chicago Magazine’s examination of the outbreak and containment of COVID-19 at the Cook County Jail, Sheriff Tom Dart says coronavirus “turned the jail upside down.” The facility was home to one of the largest outbreaks in the country, with more than 1,000 cases among people who lived or worked there. Ten of them would eventually die as a result. Dart said there were no established procedures for COVID-19 containment in a correctional setting, and he and his staff were creating the policy as they went along. They started with screening questionnaires in January, implemented temperature checks for new admissions on March 13, and started ten-day quarantines on March 20, later extended to 14 days. He also worked with county courts to establish an online system for arraignment and hearings, but said it “took a little bit of pushing on my part because the courts weren’t in a full shutdown mode yet.” By mid-May, the outbreak was largely contained, with positivity rates below 4%, down from 92% in late March. 

Expedited parole, reduced transfers from county facilities, and a slow-down in court processes have brought Iowa’s prison population to a 20-year low, with a 10% reduction between fiscal 2019 and fiscal 2020. Iowa is the only state without a compassionate release law, but during the pandemic, the Corrections Department and Parole Board increased paroles by 16.5%. “We have looked at the people that are medically compromised to see if there’s potential there, to get them out,” said Department of Corrections Director Beth Skinner, “but we’re looking all across our population in terms of the best candidates to get them out safely into our communities.”  

Jail populations in New York are down 44% in the past year, going from 19,779 to 11,090. Orleans County saw the steepest drop, declining 71% since 2019, while Cayuga County saw an increase of 4%, largely due to increased temporary housing of federal prisoners. Officials credited declining crime, bail reform, and the shutdown of courts during the COVID-19 pandemic for the reduced levels. “It really has been a trend. A lot of us saw it starting in ’19,” said New York State Defenders Association’s Lance Salisbury. “Potentially, we’re in a new phase where we’re going to see declining jail populations for some time.” Despite declining populations, counties have not yet seen savings because costs for labor, food, utilities, medical care, and laundry are fixed. Lower jail populations are allowing some sheriffs to redeploy staff: Suffolk County Sheriff Errol Toulon Jr. has assigned some staff to a new transition and reentry program for incarcerated people. 

Jodi Lynch, who worked as a Nurse Practitioner at the Allegheny County Jail until August, raised concerns about the mental health of incarcerated people whose movement has been restricted to reduce the spread of infection. “You can take a totally healthy person, mental health-wise, and you can lock them in a little room, and if they’re in there for 23-plus hours a day, day after day after day, they’re going to mentally decompensate,” Lynch said. One man who was held at the jail this summer described being left in his cell for two or three days at a time, or being given 30 minutes of time and having to choose between calling his family, exercising, or showering. Warden Orlando Harper challenged claims that people were not receiving recreation time, noting that each incarcerated person was given at least one hour of recreation each day, and a new consent order allowed up to 10 people out of their cells at a time. As of the first week of September, 46 health care staff positions remained unfilled, including one psychiatrist, four mental health nurses, five substance abuse counselors, two mental health specialists, and three psychiatric aides.  

Nearly 900 people who live or work at Folsom State Prison in California have tested positive for COVID-19, most within the last two weeks. Of the 38 staff members who have tested positive, 33 have recovered and returned to work. California Department of Corrections and Rehabilitation spokeswoman Dana Simas said they were closely monitoring the situation and coordinating with the court-appointed Federal Receiver at the prison. “We have, since the beginning of the outbreak, implemented serial testing for inmates, increased staffing, and facilitated isolation for those who have tested positive for COVID-19,” Simas noted. Of the 2,438 people held at Folsom, 1,989 have been tested within the past two weeks and 482 have tested positive, for a positivity rate of 24%.

September 14

This week, the U.S. prison system passed a grim milestone, with more than 1,000 deaths among incarcerated people. At least 121,217 incarcerated people have tested positive, and 90,978 have recovered. Texas prisons account for more than 17% of all confirmed cases, with 21,399; and Florida accounts for another nearly 13%, with 13,539. Arkansas and Tennessee have the highest rates of infection, with 3,655 and 2,590 per 10,000 incarcerated people, respectively. Prisons in Texas, the federal system, and Florida each had more than 100 confirmed deaths, while New Jersey, Delaware, and Arkansas had the highest fatality rates. Among prison staff, 26,495 cases have been reported, along with 75 deaths. Texas reported the highest number of cases, with 4,518, and deaths, with 20. Louisiana had the highest fatality rate for prison staff, with 5 deaths, or 10 per 10,000 employees. 
 
Lawrence Carter contracted COVID-19 at the Seminole County Jail, where he was held pending the resolution of a drug possession case. He was 76 years old, diabetic, and used a wheelchair after the loss of a leg. Officials at the jail did not notify his fiancée when he became infected, when he was hospitalized, or when he died. They did notify his bank, and Christine Deleo was told of his death when she went to the bank to pick up paperwork. “I knew he was going to get sick,” Deleo said. “I didn’t think he was going to die.” At least 100 incarcerated people and 21 corrections staff have tested positive for COVID-19 at the Sanford, Florida facility.
 
At the Cambria County Prison in Ebensburg, Pennsylvania, incarcerated people will be offered one free five-minute call per week. “Basically, it’s a way for inmates that don’t have money in their accounts to reach out and contact their families once a week,” said Warden Christian Smith. “With COVID and the restrictions we have on visitors, the phone call keeps them in touch.” The free call, offered in partnership with phone vendor GTL, is expected to be available by next week. Visitation has been suspended at the prison since early spring, and, as of Wednesday, there had been no confirmed COVID-19 cases in the facility. 
 
New Jersey’s State Budget and Appropriations Committee grilled Department of Corrections Commissioner Marcus Hicks on his handling of the COVID-19 pandemic this week during a videotaped hearing. Hicks said he stood by the way the department had handled the crisis, though he wished more testing had been available sooner. New Jersey has seen at least 3,009 cases among incarcerated people and 49 deaths. People in the state’s prisons were 765% more likely to contract the virus, and 71% more likely to die as a result, than the state’s general population. While New Jersey prisons have the highest per capital COVID-19 death rate, there have been no fatalities since late June. The DOC has spent nearly $26.6 million in coronavirus-related expenses, including $14.1 million in overtime pay for corrections officers. Hicks said most of that cost would be covered by the federal government: 25% by the CARES Act, and 75% from the Federal Emergency Management Agency.  
 
Interviews with people held at the Cibola County Correctional Center, a federal facility in New Mexico operated by CoreCivic, showed that official responses to early COVID-19 cases were “both punitive and ineffective at preventing the spread of infection.” The facility accounted for New Mexico’s largest single-day increase in coronavirus cases, with 175 reported on July 27. U.S. Marshals Service spokeswoman Lynzey Donahue said nearly all infected people were asymptomatic, and all recovered within 14 days. incarcerated people described experiencing or seeing others experience symptoms, even reporting that the entire kitchen staff was too sick to work in late July. The state’s congressional delegation expressed concerns about the facility to CoreCivic, the Marshals Service, and Immigration and Customs Enforcement on August 14, but have not received a response.
 
Arkansas’ prison population is at its lowest level in a decade, with 14,192 people, or roughly 92% of capacity. In April, at the direction of Governor Asa Hutchinson, the Board of Correction voted to expedite parole for more than 1,200 people, and at least 849 of them had been released as of Friday. Expedited parole was not available for people incarcerated for violent or sexual offenses, and Governor Hutchinson did not signal plans to reconsider those exclusions, though he did say there were “humanitarian requests that can be made.” Of the 39 people in Arkansas prisons who have died after testing positive for COVID-19, eleven were eligible for parole, and at least four had received denials or deferrals from the Parole Board in the year before they died.
 
As wildfires spread throughout Oregon, rushed prison evacuations led to inhumane and unsanitary conditions, increased the risk of physical harm, and may contribute to future COVID-19 outbreaks. Some incarcerated people reported not receiving food for nearly a full day, and being left in buses for seven to eight hours without access to bathrooms, instructed to throw cups of urine or used tampons out the window. Elderly or medically vulnerable people who were transported in cage vans were told to throw up into their socks, or forced to sit in soiled clothes for several hours. Populations were also combined from different facilities, without regard for security designation, and complicating quarantine procedures. Coffee Creek Correctional Facility, which serves as a hub for incarcerated COVID-19 patients, was one of the prisons that had to be evacuated. “Between the smoke, the fires, COVID,” said Lynn James-Jackson, whose husband is in the Oregon State Penitentiary. “I just hope he makes it out of there.”

September 8

The California Division of Occupational Safety and Health ordered the dental clinic at San Quentin prison to cease most operations, saying it contributed to the spread of COVID-19. Health officials said the clinic failed to set up isolation rooms for hazardous procedures, failed to provide air-purifying respirators, did not establish a safety plan for aerosol-generating procedures, and did not communicate infection status to medical staff or corrections officers. A group of dentists from San Quentin confirmed the findings of the health investigators, and told the San Francisco Chronicle they were asked to perform unsafe, nonemergency procedures, and were given disciplinary write-ups if they refused or questioned directives.
 
More than 1,300 defendants are awaiting resolution on murder or capital murder charges in Harris County, Texas, frustrating victims’ families, defendants, and other justice system stakeholders. The county already faced a backlog from court closures after Hurricane Harvey, and jury trials have been delayed until at least October. “It makes it very difficult in terms of keeping a city safe and holding people accountable when our criminal justice system is moving at a snail’s pace,” said Houston Police Chief Art Acevedo. Defense attorney Adam Muldrew said the long delays have led some people to take plea offers they otherwise might have rejected. “It’s hard to fight a case forever,” Muldrew said. “A lot of times people want to resolve things and move on even if it means going to prison.” Veronica Smart, whose niece was killed in 2017, said the trial had been set four times, and nearly every other proceeding had been rescheduled. “Waiting, waiting and waiting,” Smart said. “Now because of corona, more waiting.”  
 
At the Eddie Warrior Correctional Facility in Muskogee County, Oklahoma, 75% of incarcerated people have tested positive for COVID-19 and nearly 20% are in isolation after being exposed to the virus. Officials said the layout of the prison contributed to the rapid spread of infection. “In part, due to the dorm-style, the housing there, and just some of the other basic structural challenges of the facility, it was confirmed that a large number of inmates were potentially exposed,” said Oklahoma Department of Corrections communications director Justin Wolf, who added that the layout made it more difficult to practice social distancing.
 
The Bureau of Prisons will resume visitation in October, seven months after visits were suspended. Only non-contact visits will be allowed, and people will be separated by plexiglass barriers or required to maintain a six-foot space between visitors and incarcerated people. An internal memo directed officials to adjust the frequency and number of visitors to allow everyone to have the opportunity for at least two visits per month. In federal prisons, at least 118 incarcerated people and two corrections employees have died as a result of COVID-19, and 1,823 incarcerated people and 643 BOP staff have active infections. Another 10,899 incarcerated people and 983 staff have recovered. Nearly 2,000 tests are still pending. 
 
As of September 2, more law enforcement officers have died as a result of COVID-19 this year than from all other on-the-job causes combined. Coronavirus was the cause of death for 100 officers, while 25 were killed from gunfire, 33 died in vehicle-related incidents, and 13 from all other causes. In order to be counted as an on-duty fatality, the National Law Enforcement Officers Memorial Fund requires substantive evidence that the infection was a direct and proximate result of a duty-related incident. Both NLEOMF and Officer Down count police officers, sheriff’s deputies, correctional officers, federal law enforcement officers, and military police officers killed outside of military conflict. Officer Down is in the process of verifying another 150 deaths that may be added to the tally. “By the end of this pandemic, it is very likely that COVID will surpass 9/11 as the single largest incident cause of death for law enforcement officers,” wrote Officer Down executive director Chris Cosgriff.

Of the 1,410 incarcerated people tested for COVID-19 at the South Central Correctional Facility in Clifton, Tennessee, 1,144 came back positive. Officials at the prison, which is operated by CoreCivic, said both incarcerated people and staff had shown symptoms of infection, but did not disclose the number of staff infections. Tennessee correctional facilities saw some of the nation’s largest outbreaks earlier in the pandemic, with hundreds infected at the Trousdale Turner Correctional Center in Hartsville and the Bledsoe County Correctional Complex in Pikeville. Statewide, seven other facilities have reported active infections, for a combined 61 cases.

August 31

Jurors are expected to return for criminal jury trials in Philadelphia on September 8, and court officials sent a plan this week to reduce the risk of spreading COVID-19. Two jury selections will be conducted each weekday, with Monday designated for homicide trials. Potential jurors will receive a detailed survey on symptoms prior to service, and undergo temperature checks upon arrival. In groups of roughly 40, the jurors will be questioned by a judge via Zoom, then by lawyers for both parties in the case. Nearby Chester County restarted criminal trials in July, and Bucks County officials have set September 28 as a target date for resumption of criminal trials. Court officials in New Jersey have said trials will begin in September, but have not yet set a date.
 
In an executive order issued Tuesday, Kentucky Governor Andy Beshear announced commutations for 646 people,bringing the total of early releases ordered by Beshear to over 1,800. Of the new commutations, 525 are within six months of completing their sentences, and 121 are considered medically vulnerable to COVID-19. The state’s total prison population has dropped by 18% in the past year, going from 24,200 to 19,689.
 
Maryland courts have been closed for more than five months, and for people like Irvin Haygood, that’s led to mounting costs for pretrial home monitoring equipment. Haygood paid $87 per week, or roughly $375 each month, for his ankle monitor. “It’s entrapment,” Haygood said. “If I can’t pay the home detention, I’m going back to the jail where the corona is.” Rather than continue to pay for home monitoring, he submitted an Alford plea for one of the eight charges he faced. Prosecutors dropped the other seven. “There has been an increase in home detention,” said Baltimore County State’s Attorney Scott Shellenberger, “and it’s just a fact of life that if the defendant wants the advantage of not being in jail, then they have to pay for it.”
 
An outbreak that started at a wedding in Millinocket, Maine, has infected 54 people at the York County Jail. State health officials said a jail employee attended the wedding, and was among the first at the jail to test positive. As of Friday, 35 incarcerated people, 16 corrections officers, two government employees, and one staffer from the Maine Department of Health and Human Services assigned to the York County Jail had tested positive, and 85 tests were pending. Before the outbreak, jail employees were not required to wear masks, but Sheriff William King said he didn’t think that contributed to the spread of infection. “Some people may feel that, but do I feel that? Hindsight is 20/20. I don’t think it did, no. But it’s a fair question.”
 
The latest round of testing at Wyoming’s state prison found just five new infections among incarcerated people and none among staff. As of last week, there were 74 active cases among people living or working in the prison. Department of Corrections spokesman Mark Horan said data on total active and overall cases in the facility would be released next week. “We are very encouraged as this indicates our containment efforts have successfully reduced transmission,” said Horan. The state’s four other prisons had a combined two active cases.
 
At the Dixon Correctional Institute in Jackson, Louisiana, 331 of nearly 900 tests for COVID-19 came back positive. Dixon is the only prison in Louisiana with the capacity to treat dialysis patients, and houses 61 men with kidney failure. The men are housed separately from other residents, but at least one man was moved to a disciplinary setting across from a person who had tested positive for coronavirus. Department of Corrections spokesman Ken Pastorick said the two men never came in contact with each other, and the infected man was moved after less than two days.
 
Ralph Diaz, Secretary of the California Department of Corrections and Rehabilitation, will retire on October 1. He was sharply criticized for his department’s response to the COVID-19 crisis, particularly for a mishandled prisoner transfer that led to the death of at least 26 incarcerated people and one employee at San Quentin State Prison. Assemblyman Marc Levine called the prison outbreak “a preventable public health disaster and a failure of the department’s leadership at the highest level.”

August 24

A new report from the California Inspector General said inconsistent screening of employees and visitors may have increased the risk of the spread of COVID-19 inside prisons. The report also criticized the Department of Corrections and Rehabilitation for withholding tracking data, including information about infections among employees. “Executive staff at the department are working closely with infection disease control experts to ensure appropriate measures are put into place while simultaneously minimizing the impact of COVID-19 on our operations,” said Corrections Secretary Ralph Diaz in a letter responding to the report. As of Saturday, more than 12,400 incarcerated people and CDCR employees had reported COVID-19 infections, and 66 had died.  
 
In upstate New York, courts and probation offices have resumed operations, and the St. Lawrence County jail population is now higher than pre-pandemic levels. In January, the jail held an average of 63 people; it currently holds 78. Sheriff Brooks J. Bigwarfe said they were anticipating changes in staffing requirements from the state Commission of Correction, which might have allowed him to reduce the nearly $4 million spent each year on staffing the jail. “This year, I think, was going to be a year where they evaluated, due to the new bail reform, where everybody would fall as far as their population and their jails,” he said, “but now with COVID thrown in there, just like many other things in society, the numbers are going to be kind of skewed.”
 
Only four states—Massachusetts, Tennessee, Vermont, and Washington—are proactively reporting demographic data on COVID-19 testing or infections among incarcerated people. Outside of prisons, rates of infections, hospitalization, and death show significant racial disparities. Compared to White people, rates of infections are more than 2.5 times higher for American Indian, Alaska Native, Black, or Hispanic or Latino people; and hospitalization is at least 4.6 times more likely. Death rates are 2.1 times higher for people who are Black, 1.4 times higher for those who are American Indian and Alaska Native, and 1.1 times higher people who are Hispanic or Latino. In Washington, the share of infections has largely tracked with the share of overall prison population. In Vermont, Black people accounted for 8% of incarcerated people, but 16% of those who tested positive.
 
At the Federal Correctional Institution Petersburg, 58 incarcerated people and 2 staff have active COVID-19 infections. Michael Castelle, a representative for the American Federation of Government Employees, which represents corrections officers at the Virginia federal prison, told local news outlets that incarcerated people did not receive proper personal protective equipment. A former resident at FCI Petersburg said more than 70 people shared four showers and seven sinks, and bathrooms were cleaned just once a day. “We’re not protecting the inmates,” said Castelle, “then we’re putting the staff and the community at larger risk.”
 
The two largest coronavirus outbreaks in Oklahoma are in prisons. At the Dick Conner Correctional Center in Hominy, 107 men have active infections, and two have recovered. At the Mabel Bassett Correctional Center in McCloud, 115 women have active infections and three have recovered. Outside of Oklahoma, correctional facilities also account for the fifteen largest infections clusters in the country, and account for 43 of the top 50. California’s San Quentin State Prison, Ohio’s Marion Correctional Institution, and Florida’s Miami-Dade County Jail each were linked to more than 2,000 cases. Other prisons and jails in those three states, Texas, Tennessee, Arkansas, and Illinois, were also linked to more than 1,000 cases each.

The first round of results from mass testing at the Green Bay Correctional Institution found a positivity rate of 39%. Nearly 500 tests are still pending. The Wisconsin National Guard was dispatched to conduct mass testing at the prison after targeted testing revealed 57 cases. The newly identified cases bring the facility total to 185 active infections among incarcerated people. Employees are being tested, but their results were not included in the publicly released data. The state’s only other major outbreak was at the Waupun Correctional Institution in May and June. More than 220 incarcerated people were infected, and all have since recovered.

August 17

Officials at the Maui Community Correctional Center have said publicly that newly admitted people are isolated for 14 days, but internal memos show the actual isolation period could be far shorter. According to daily staff memos, dating from April, May, July, and earlier this month, all new admissions were isolated for five days, and medical staff would be brought in if anyone showed COVID-19 symptoms. Jail staff also said people in isolation share modules with the general population, and use the same indoor activity spaces, but at different times. There have been no reported coronavirus cases at the MCCC. 
 
As of Friday, 183 incarcerated people in the Twin Falls County Jail had tested positive for COVID-19 and 81 were still in quarantine. Officials said more than 90% were asymptomatic; one person was hospitalized, but has since been released. Eight staff members have also tested positive, but none have shown symptoms. Early efforts at reducing the spread of infection were complicated by overcrowding: the facility is at 137% of capacity, and officials were unable to isolate people who were positive and asymptomatic. “I am proud of how our administration, detention and medical staff have handled this situation thus far,” said Twin Falls County Sheriff Tom Carter. “Considering our limitations for space, and the enclosed atmosphere, I don’t know how we could have responded any differently.”
 
Marion County Sheriff Billy Woods has forbidden departmental employees and those visiting the sheriff’s offices from wearing masks. Woods said there were some exceptions for officers working at the courthouse, jail, public schools, hospitals, or when dealing with people suspected of being at high risk of coronavirus infections or complications. “For all of these exceptions,” Woods wrote, “the moment that enforcement action is to be taken and it requires you to give an individual orders/commands to comply, the mask will immediately be removed.” At least 200 people held in the central Florida jail have tested positive, as have 36 jail employees. Dan Manrique, a night nurse at the county jail, died earlier this month after contracting COVID-19.
 
In Missouri prisons, in-person reentry support services have been suspended since March. Many programs have continued, with counseling delivered by phone, or virtual meetings held in prisons that are equipped with webcams. Ken Chapman, reentry program manager for the Missouri Department of Corrections, said they were working to upgrade technology to resume job training and readiness programs that have been suspended, and the DOC is determining how reentry programs can resume in person without risking the spread of infection. Outside of prisons, reentry service providers are also adjusting to infection-control protocols. “When you having a housing program we do have staff on-site, and that never stopped,” said Laura Toledo, executive director of Center for Women in Transition in St. Louis. “But life skills, vocational services, peer support, counseling, we try to do that virtually as much as possible.”
 
Katrina Pinkerton, a nurse who worked at the Coyote Ridge Corrections Center in Connell, Washington, described “serious neglect,” and “inhumane conditions,” in an email to the Department of Corrections. Pinkerton said tracking was haphazard, and nurses did not have consistent, reliable, up-to-date information on the status of the people in their care. While she relayed a series of concerns about medical treatment and conditions of confinement, she also credited DOC leadership for working to get protective equipment and bottled water to the prison. “No one at any given organization is going to get things just ‘right,’” she wrote. “And yet all of us are capable of always striving to do better, no matter how hard the circumstance. Especially when our present efforts fail to help, and even cause harm, to thousands of others.” More than 230 people held at Coyote Ridge have tested positive for COVID-19 and two have died.
 
All people held at the South Central Regional Jail in Charleston, West Virginia, were tested for COVID-19 last week, after eight cases were reported on Monday. Governor Jim Justice said the state needed a plan to retest all people in correctional facilities, a task he called “daunting.” Eight of the state’s 10 jails are over capacity, and hold several hundred more people than they did when the first round of testing was conducted in June. More than half of the people in each facility were being held pretrial. At the South Central Regional Jail, roughly 65 were federal pretrial defendants, 45 people were being held on state misdemeanor charges, and nearly 200 on state felony charges.

August 10

The T. L. Roach Unit prison is the only prison in Texas without a single confirmed COVID-19 case among either incarcerated people or staff. Some of that may be attributable to the prison’s remote location, in a rural county where only 37 of 7,000 residents have tested positive. Senior Warden Michael Crow has also strictly enforced infection control protocols: providing adequate soap and surface cleaners, enforcing social distancing, and immediately testing and isolating people when coronavirus was suspected. Ricardo Gutierrez, a Roach Unit resident, told the Texas Tribune that staff “are not messing around,” and Warden Crow “has gone above and beyond to make sure that everything is being done right.”
 
By a vote of 5-4, the U.S. Supreme Court lifted a lower court order that required the Orange County Jail to take steps to prevent the spread of COVID-19. A preliminary injunction, ordered in May, required the southern California jail to allow incarcerated people to maintain six feet of social distancing; ensure that staff wear personal protective equipment; immediately test people who exhibit coronavirus symptoms; properly quarantine those who have been infected or exposed; and provide soap, hand sanitizer, and cleaning products for residents. Jail officials said they had largely implemented those steps, but asked the court to intervene, saying they had essentially eliminated infection in the facility. The majority issued a three-sentence order granting a temporary stay, but did not explain their reasoning. In her dissent, Justice Sonia Sotomayor wrote that the court was “leaving to its own devices a jail that has misrepresented its actions to the District Court and failed to safeguard the health of the inmates in its care.” 
 
New polling from Beacon Research and Shaw & Company Research found that 66% of Americans were in favor of transferring people who do not pose a risk to public safety out of prisons and jails to help prevent the spread of coronavirus. That number rose to 69% for incarcerated people who were medically vulnerable to COVID-19. The poll, commissioned by Justice Action Network and #cut50, also found that only 25% of respondents thought people with criminal records should be prohibited from receiving emergency loans for small businesses. Criminal justice reform will also play a role at the ballot box: 63% of those polled said they would be more likely to vote for a congressional candidate who supported reforms.
 
Over the past six weeks, the North Carolina Department of Public Safety conducted tests on 29.062 incarcerated people and found 619 cases of COVID-19. Another 600 North Carolina prisoners had previously tested positive and recovered. The state’s positive rate of 2.1% was significantly lower than other states who released mass testing data this week. In New Jersey, 16.3% of incarcerated people tested positive, as did 13.6% in Tennessee, 10.8% in Michigan, and 9.8% in Texas. “Our staff have worked tirelessly to prevent the virus from getting into our prisons, to contain it when it does get into a facility and to reduce its spread to other prisons,” said Commissioner of Prisons Todd Ishee. “These numbers confirm their hard work is paying off and reflect our ongoing commitment to the safety of all North Carolina prisons.”
 
Visitation to Nebraska prisons, which resumed on July 15, has been suspended for at least two weeks as COVID-19 rates have increased in the state. All volunteer programs will also be suspended. “We were proactive in shutting visitation down when the coronavirus emerged several months ago,” said Corrections Director Scott Frakes. “Now that an uptick in positive cases is occurring, it is prudent to stop the program, until we know which direction the trend is going, particularly here in Nebraska.” There have been 58 confirmed cases inside the corrections system, 10 among incarcerated people and 48 among staff. All of the incarcerated people have since recovered, as have 33 of the employees.
 
Of the 219 Vermont prisoners housed at the Tallahatchie County Correctional Facility in Tutwiler, Mississippi, 147 have tested positive for COVID-19, 62 tested negative, 2 are pending results, and 8 refused to be tested. Mississippi prisoners are only tested if they exhibit coronavirus symptoms. People in Vermont prisons are tested regularly, and authorities insisted that those housed in Mississippi be subject to the same policy. The outbreak has strained the relationship between the Vermont Corrections Department and CoreCivic, which operates the prison in Mississippi, and received roughly $6.8 million from the state of Vermont last year. “I cannot overstate how frustrated I am that someone that runs a jail system like that wasn’t aware of the things that we were aware of in little old Vermont that we’re able to keep our facilities as clean as they are,” said Interim Corrections Director James Baker.
 
At least 14 of the 63 people in Florida prisons who have died as a result of COVID-19 were eligible for parole. That may be an undercount; the investigative team at the Orlando Sentinel, which examined parole and death records, was unable to identify 21 people who have died more recently. Of the 14 they were able to identify, the youngest was 59, the oldest was 84. According to a 2019 report from the parole commission, release is only granted to 2% of cases heard by the three-person commission. No significant changes have been made by the commission in response to the pandemic, and Florida Department of Corrections spokeswoman Michelle Glady told the Sentinel “release dates have not been affected by the ongoing health emergency.”

August 3

As many as 3.2% of sole proprietorships, or nearly 800,000 individuals nationwide, may be excluded from the Paycheck Protection Program due to justice system involvement, and those numbers are even higher for people of color. In Michigan, Black men were six times more likely to be ineligible for PPP funds than White men; in Texas, they were 3.5 times more likely. “It’s amazing and confounding that our government could have been so quick and careless in just deciding to rule out a whole class of people who, above all, deserve some support – without any legal basis at all,” said Margaret Love, Executive Director of the Collateral Consequences Resource Center. “It is not clear whether it is attributable to ignorance or incompetence.” The Paycheck Protection Program Second Chance Act, which would limit PPP exclusions based on a person’s system-involvement, is under consideration for inclusion in the upcoming COVID-19 relief package.  
 
Analysts from the ACLU compared data on jail population and crimes in 29 cities and found no connection between early jail releases and increases in serious crime between March and May. Only one city—Atlanta—saw an increase in jail population. The rest saw a population reduction, ranging from 5.5% in Omaha to more than 40% in San Francisco and Denver. Twenty-eight of the cities, with the exception of Denver, also saw reductions in serious crime, with Atlanta, Raleigh, San Bernardino, Fort Lauderdale, Chicago, Pittsburgh, San Francisco, and Washington, D.C., seeing drops of more than 20%.
 
Brazos County Jail administrators have asked the district attorney to identify people who can have their bonds reduced. “Once we got that first positive case in the jail, that moved us to the next level in our plan,” said Jail Administrator Wayne Dicky, “and that’s when we reached out to the DA, asked them to start looking at the possibility of releasing additional non-violent offenders.” District Attorney Jarvis Parsons compiled a list of people accused of non-violent offenses who they classified as low-risk, but the decision to reduce bond will ultimately be made by a judge. As of Friday, 33 people had been released from the jail after a request from the district attorney.
 
In-person visitation will resume at New York prisons this week, 20 weeks after they were suspended to prevent the spread of infection. Maximum security prisons will resume visitation on Wednesday, with all other facilities allowing visits on Saturday. Visitation areas will be outdoors when possible, and operate at half-capacity. The children’s area will remain closed during a 30-day reopening trial period. All visitors, staff, and incarcerated people must wear masks, but can remove them temporarily while eating. Up to three adults and one child under 5 years of age may visit at a time, and incarcerated people will be allowed a maximum of two weekend visits per month. Brief embraces will be allowed at the beginning and ending of visits.
 
Almost all of the full-time employees at the Cattooga County Jail in Summerville, Georgia have tested positive for coronavirus or are quarantined with symptoms. As of Thursday, none of the people held at the jail have been tested, and the jail’s health care provider will not offer testing unless people exhibit symptoms. “I kind of would like to get them tested,” said Sheriff Mark Schrader, “so we’ve been trying to reach outside the box and find a way to do that.” Schrader said he was also scrambling to deal with staffing shortages, having administrative employees fill shifts at the jail, and rotating in investigators and patrol officers.
 
COVID-19 outbreaks in New Jersey have been among the deadliest in the nation, with 49 fatalities, or 29 per 10,000 incarcerated people. State lawmakers are now considering releasing nearly 20% of people held in state prisons. Those who are within a year of completing their sentences would be eligible to be released up to eight months early, with the exception of most people convicted of sex offenses. “We’re not doing very well at all in terms of protecting people,” said Senator Gerald Cardinale, who described himself as a law-and-order conservative, and voted for the bill in committee. “They’re prisoners, but they are human beings.” An executive order from Governor Phil Murphy led to the release of 800 people from state prisons and 700 from county jails. Overall, New Jersey’s prison population has declined by 12% since March.
 
More than half of the people held at the George County Regional Correctional Facility in Lucedale, Mississippi have tested positive for COVID-19, and some test results are still pending. With 229 confirmed infections among incarcerated people and three staff, the facility has the largest outbreak in the state. Two people have been hospitalized, but both were treated and returned to the jail. “The good thing is the symptoms have been mostly a very light fever and body aches,” said George County Sheriff Keith Havard. “It started out really scary, but I do believe we are starting to see the light at the end of the tunnel because everything appears to be rolling along pretty smoothly.”

July 27

In an effort to reduce disease transmission at Seattle’s King County Correctional Facility, recreation time has been reduced, education programs have been limited, and fewer people are allowed out of their rooms at a time. As a result, people are being held in conditions similar to solitary confinement, restricted to their rooms for as much as 23 hours per day. “The widespread use of solitary confinement trades one serious harm, which is the risk of COVID, for another, which is solitary confinement,” said Ethan Frenchman, an attorney with Disability Rights Washington. Frenchman noted that the psychological effects of isolation could be particularly profound for people with preexisting mental health conditions.

At the Gallatin County Jail in Bozeman, Montana, masks are optional for jailers, and prohibited for incarcerated people. Sheriff Brian Gootkin said the masks could be used as paraphernalia or to hide something, and that jailers needed to be able to see the facial expressions of incarcerated people. Gootkin said the jail was not a public space, and was not subject to a statewide order from Governor Steve Bullock that masks be worn in indoor spaces open to the public. “We’re still operating the way we normally do,” he said.
 
The Returning Citizens Stimulus Program, a new partnership between the Center for Employment Opportunities, The Ford Foundation, Blue Meridian Partners, and the Charles and Lynn Schusterman Family Foundation, will provide reentry support and direct cash assistance to returning citizens. The program was designed as a counterpart for federal COVID-19 stimulus funding, to help people with criminal records who struggle to access public funding. In New Orleans, nearly 350 people will receive up to $2,250 paid in three monthly installments. Participants are paired with reentry organizations including Operation Restoration, the Urban League, Total Community Action, and First 72+. “We hope that this could potentially be the standard, or at least an example of how we want to treat people who are coming home from incarceration,” said CEO New Orleans director Troy Glover. “What would it look like if people had additional resources and support?”
 
The Wisconsin Department of Corrections administered 24.395 tests to people held in state prisons between May 12 and July 1. They identified infections in 296 people; 285 of them have since recovered, nine have active infections, and two were released from prison. They also found 106 infections among staff members; 89 have recovered and 17 have active cases. A second round of staff testing began last week, with top priority given to those working in facilities with a high number of positive cases. “Mass testing has been a big part of our efforts,” said DOC Secretary Kevin Carr, “helping us identify asymptomatic individuals, more quickly isolate and quarantine them, and reduce the risk of transmission within our system.” Carr said the infection control efforts would not have been possible without the help of the Department of Health Services and the Wisconsin National Guard.
 
Of the 144 people who tested positive for COVID-19 at the San Juan County Jail, 111 have recovered. Thirty people held at the jail in Farmington, New Mexico have active infections, and 12 of them are symptomatic. The state Department of Health considers a person recovered if they have been symptom-free for 14 days after testing positive, but jail administrator Daniel Webb said they are using a 21-day period as an added precaution. Staff and incarcerated people have been provided with masks and information on COVID-19 in both English and Spanish.
 
A COVID-19 outbreak at the Kentucky State Reformatory in Oldham County has infected at least 168 incarcerated people and 14 employees. Three men have died. Department of Corrections spokeswoman Lisa Lamb said mass testing was underway at KSR, but was not necessary at prisons without active outbreaks. “At this time, mass testing has not been conducted at other facilities due to the lack of any positive cases, lack of symptomatic staff or inmates, or negative test results received after contact tracing,” Lamb said. KSR is the third state-operated facility with an outbreak, along with the Green River Correctional Complex in Muhlenberg County and the Kentucky Correctional Institution for Women in Shelby County. At least 770 people held in Kentucky’s adult prisons have been infected, and six have died. The state also saw significant outbreaks at the Federal Medical Center in Lexington, where 347 people were infected and seven died, and the Federal Correctional Institution in Manchester, where 49 people have active infections.
 
After two staff members at Saguaro Correctional Center tested positive for COVID-19 in late May, Warden Martin Frink reassured Hawaii officials about infection control protocols and said that residents from different states were housed in separate pods, and were segregated even in restricted housing units. The CoreCivic-operated facility in Eloy, Arizona holds 1,125 people from Hawaii, 120 from Kansas, and 99 from Nevada. Earlier this month, 69 Nevada prisoners tested positive, and contact tracing found that people from Hawaii may have been exposed. Twenty-eight Hawaiians who may have had contact with COVID-positive Nevadans were relocated to a vacant housing unit, and another 47 who were in restricting housing are being monitored for symptoms. As of last week, no one held at Saguaro had been hospitalized for a coronavirus-related illness.

July 20

More than 1,100 people held at Federal Correctional Institution in Seagoville, Texas have tested positive for COVID-19. On Thursday, one man died as a result. James Giannetta was 65 years old, and serving a 14-year sentence. Of the 1,446 tests administered, 254 are still awaiting results and 1,118 have come back positive, for a positivity rate of 93.7%. The Bureau of Prisons’ nationwide positivity rate is 28.6%. As of July 18, there are 4,055 active cases of COVID-19 among people who live or work in federal prisons; 6,105 people have recovered, and 98 have died.
 
Faced with a $1 billion shortfall, Oregon lawmakers are considering layoffs at the Oregon State Hospital, cancelling training for new state troopers, and delaying the purchase of new state police vehicles. More than $180 million in proposed spending reductions come from human services, with $80 million coming from holding positions vacant, reducing spending on services and supplies, and restricting travel and actuarial adjustments. The budget framework also includes closing the Shutter Creek Correctional Institution and the Warner Correction Correctional Facility. Legislators are expected to make budget adjustments during a special session in late July or early August.
 
All people living or working at the Northampton County Prison in Easton, Pennsylvania will be tested for COVID-19, aided by $200,000 in CARES Act funding. To date, PrimeCare Medical, the facility’s medical provider, has only been testing people who exhibited symptoms. “Universal testing will give us another tool to help prevent transmission of the virus and keep our inmates and staff safe,” said county Executive Lamont McClure. Eight incarcerated people and seven staff members have tested positive for coronavirus, but all have completed their quarantine periods and employees have returned to work. 
 
COVID-19 cases have more than doubled in Duval County jails in less than three weeks, with 386 infections among incarcerated people as of Friday. Sheriff’s office spokesman Christian Hancock said only 2% exhibited symptoms. Officials did not disclose the number of people who have been tested, or the percentage of the jail population that has tested positive. The facility only began mandating the use of masks for employees and staff in early July.
 
Indiana Governor Eric Holcomb announced in April that prison population reductions would be left up to local courts, and in the first months of the pandemic early releases were granted to just one tenth of one percent of state prisoners. Between March and May, only 27 people in Indiana prisons received COVID-related sentence modifications. “What purpose does it serve to keep someone in for another couple months when their risk is so high?” asked State Public Defender Amy Karozos. “You’ve got to weigh the costs and benefits.” Holcomb said he did not plan to release low-level offenders, and said incarcerated people were “in a safe place—we believe maybe even safer than just letting them out.” As of last week, there had been 728 confirmed COVID-19 cases in Indiana prisons, and 20 deaths. As compared to the state overall, the infection rate was 246% higher and the death rate was 80% higher.  
 
Statewide restrictions on jury trials are scheduled to end on August 3 in Colorado, despite rising case counts. Two criminal trials are scheduled in Denver this week as test runs for new infection control procedures, including distanced seating, distribution of hand sanitizer, and the use of plexiglass barriers and larger assembly rooms. Trials have been on hold statewide since March 16. “We absolutely have to start hearing these cases,” said Denver District Court Chief Judge Michael Martinez. “People who are accused of these crimes are entitled to have their case heard in a timely manner.”
 
A video visitation system was installed at the Lehigh County Jail, allowing incarcerated people to use a tablet for 25 cents per minute. “The use of the tablets to be able to connect with family and friends has been extremely beneficial to both the inmates and their support systems in the community,” said county director of corrections Janine Donate. The jail plans to maintain the program after regular visitation resumes, allowing people to access books and religious texts through their tablets, and potentially using them for educational programming.

July 13

Officials at the Madison County Jail in Huntsville, Alabama are refusing to provide masks for incarcerated people, claiming they will use them to harm themselves. “You give them face masks (with) a nose piece—metal pieces in them—they’re going to eat them,” said sheriff’s office spokesman Brent Patterson, who also said incarcerated people would refuse to wear masks if they were given them. There are no confirmed coronavirus cases among people held at the jail, though Patterson said he was unsure if anyone had been tested. At least one jail employee has tested positive. “We’re going above and beyond. We’re utilizing every available resource known to man to combat this,” Patterson told AL.com.
 
The Wyoming Department of Corrections will begin testing all incarcerated people, staff, and contract employees for COVID-19 this week. Wyoming is one of two states, along with Hawaii, that have no confirmed coronavirus cases inside state prisons. “We want to confirm our zero COVID-19 status,” DOC Director Bob Lampert wrote. “Due to the recent uptick in the incidence rate of COVID-19 in various communities in Wyoming, we want to be extra cautious.” Lampert said they would continue surveillance testing to maintain a safe living and working environment. 
 
The population of the St. Joseph County Jail in South Bend, Indiana, is down 20% since late March, and the police department says the reduction has helped prevent and contain infection. Five people held at the jail have tested positive for COVID-19; two were arrested locally and three were transfers from state prisons. New admissions are held in quarantine for 14 days and are not introduced to the general population until they have two negative tests in a row. Population counts are also down more than 28% in nearby Elkhart County, and 11% in LaPorte County.
 
More than 2,000 incarcerated people are typically engaged in firefighting during California’s wildfire season, but only 38% of crews are currently available to fight fires in the northern part of the state. Twelve of the state’s 43 conservation camps are under quarantine. “The quarantine was placed out of an abundance of caution, and CDCR expects that many of the conservation camps will return to active service by next week,” California Department of Corrections and Rehabilitation information officer Aaron Francis said. Officials were concerned about the spread of infection after a significant outbreak at the California Correctional Center in Susanville, which serves as a training center. As of Friday, one incarcerated person serving on a fire crew had tested positive for COVID-19.
 
For the fifth straight week, there are no new COVID-19 cases among people held at the Middlesex Jail and House of Correction in Billerica, Massachusetts. “While we have reached an important milestone in our efforts to address COVID-19, we remain vigilant,” said Sheriff Peter Koutoujian. “The health and safety of our incarcerated population, our staff, and our wider community remain our chief priority.” Jail employees who have recovered from coronavirus infections donated plasma in an effort to assist with medical interventions and vaccine research. “If I have the ability to give back by donating plasma to those who may not be as lucky to recover on their own, it’s a no brainer for me,” said Crystal Miske, Program Coordinator for the Medication Assisted Treatment and Directed Opioid Recovery program. “If you can help, you should.” 

At the Tyger River Correctional Institution, 129 incarcerated people have tested positive for COVID-19, and officials with the South Carolina Department of Corrections say the prison’s architecture may be contributing to the outbreak. There are no bathrooms inside cells, and residents share toilets, sinks, and microwaves in common areas. COVID-positive people are held in isolation, and the rest of the jail population is under quarantine. They’ve been given masks, asked to clean their spaces every two hours, and asked not to leave their cells. Department of Corrections Director Bryan Stirling said the department plans to increase testing at Tyger River and other prisons that have been hardest hit. “I’d be concerned too if I have a loved one here,” Stirling said. “But family members should know we are doing everything we can to keep their loved ones safe.”

July 6

Known COVID-19 cases inside prisons passed a grim milestone last week, according to data from the Marshall Project and the Associated Press. The number of known infections increased by 8% between June 24 and June 30, to 52,649. The rate of growth was higher than the previous week’s 5%, and was driven by growing outbreaks in California, Texas, and Arkansas. Total cases were highest in Texas, Ohio, California, and the federal prison system, while the rate of infection was highest in New Jersey, Tennessee, and Arkansas. As of June 30, there had been 616 deaths among incarcerated people; 94 were in federal prisons, 86 in Ohio, and 79 in Texas. Among prison staff, there have been 11,180 confirmed cases and 43 deaths.
 
The outbreak at San Quentin is taxing Intensive Care Unit capacity at local hospitals. Saint Francis Memorial Hospital in San Francisco and Seton Medical Center in Daly City are no longer accepting transfers from the prison, and officials in Marin County have asked the state to intervene before hospitals are overwhelmed. “The list changes,” said Marin County public health officer Dr. Matt Willis, “but the point is that it’s harder and harder for San Quentin medical staff to find hospitals able to accept inmates.” As of Sunday, there were 1,387 active infections among people held at San Quentin, and 919 of those were diagnosed in the last 14 days. Willis also said he expected the number of infections at San Quentin to reach 2,000, with 200 requiring hospitalization. 
 
The Public Health Department for Dayton and Montgomery County proposed testing all people held at the county jail, but broad testing was opposed by the facility’s for-profit health care provider, NaphCare. The corporate medical director for NaphCare, Dr. Jeffrey Alvarez, said mass testing was a waste of resources and labor, and would not help contain infection because of the high level of turnover in the jail population. Mass testing is being conducted in other workplaces and congregate living facilities in the Dayton area, but Alvarez only supported testing of people who were symptomatic, with higher priority given to people who were considered high-risk or who needed medical clearance for participation in certain programs.
 
Efforts aimed at reducing the prison population in Louisiana and Oregon ended with just 120 total people being released from state prisons. In Louisiana, a panel started with a pool of 1,100 incarcerated people, reviewed fewer than 600, and approved 100 for release. Only 63 of those approved will be released; the rest had outstanding warrants, unacceptable housing plans, or did not accept the conditions of release. The panel was suspended in June, but officials said it may reconvene if there is a significant increase in cases in prisons. In Oregon, 57 people were approved for release after a process that began in April with a list of more than 2,800. The Department of Corrections identified 2,836 people who were medically vulnerable or near the end of their sentences and were not convicted of Measure 11 offenses. On June 15, Governor Brown asked for case-by-case reviews of just 100 people, or roughly 0.67% of the state’s prisoners. Within days, that list had shrunk to 75, and dropped to 61 by June 25.

At the Idaho State Correctional Center, 119 incarcerated people have tested positive for COVID-19, and officials say only 12 exhibited any symptoms. Tests are being conducted block-by-block, and additional results are expected Monday. More than 100 employees have been quarantined after potential exposure but had been ineligible for testing because they were asymptomatic. Starting this week, the Department of Correction is conducting broad staff testing, and DOC Director Josh Tewalt said they planned to host regular staff testing “so long as COVID-19 continues to be actively spreading in the surrounding community.” As of Thursday, 36 employees had tested positive. 

June 29

At the Chesapeake City Jail, there are eight men in each pod, and cleaning equipment is in short supply. They get one roll of toilet paper and one bar of soap each week, and one box of laundry detergent, though it’s only enough for a single load of laundry. Marcus Sykes said he tries to wash his mask and clothes twice a week, and has to ask others to add his garments to their laundry. “If we don’t rely on each other tight now, it would be a total disaster,” Sykes told the Virginian-Pilot. The paper interviewed more than 25 people who lived or worked in jails or prisons, or had family members who did. They found high levels of anxiety across the board, from family members who are not able to see their loved ones, to incarcerated people concerned about their ability to protect themselves from infection, to guards who were given inadequate personal protective equipment.  
 
The number of confirmed cases of COVID-19 among people held at the Duval County Jail in Jacksonville, Florida, went from 0 to 141 over the course of one week, with 70 cases identified on Friday alone. The Sheriff’s Office said no employees have tested positive, but testing was not required for employees. Neither employees nor incarcerated people are required to wear masks inside the facility. Early in the pandemic, prosecutors and judges worked together to reduce the number of people held in the jail, but, since late April, population levels have begun to rise, and there were 2,689 people in the jail as of Thursday.  
 
Fourteen of the 15 people in Nevada prisons who have tested positive for COVID-19 were transferred from an outside facility; contact tracing efforts determined that the other contracted the virus after interacting with an employee. The Nevada Department of Corrections has conducted tests on 10,637 of 12,368 incarcerated people and 2,363 of 2,648 employees, rates of 86 and 90 percent, respectively. NDOC Medical Director Michael Minev said the infection numbers, which are among the lowest in the country, were due to the department’s “effective firewall” of coronavirus protocols. After early criticism, the NDOC increased testing, strengthened infection control policies, and expanded the use of personal protective equipment.
 
At the Indiana Women’s Prison, infection control protocols have left women inside locked cells without toilets, running water, or air conditioning. Most of the cottages lack air conditioning, and cells have limited air circulation from the hallway. Each cottage at the women’s prison houses dozens of people and they rely on a single correctional officer to unlock individual doors. “The officers told the women to stop drinking water, so then they wouldn’t have to go to the bathroom,” said one woman whose daughter is held at the prison. Others reported that women have resorted to urinating in trashcans, or have cut back on blood pressure medication that causes more frequent urination.

Mental health and addiction service providers across the country are struggling with increased demand for service, decreased revenue, and unclear guidance on federal assistance. The Kenneth Young Center outside of Chicago runs 25 behavioral health and addiction treatment programs, and received $12,346 in relief funds from the U.S. Department of Health and Human Services in April. Because of that early payment, they are now ineligible to apply for relief from a $15 billion pool of funds HHS made available this month. “Absent immediate support from the federal government, it is likely the nation’s behavioral health safety-net will fail,” a consortium of service providers wrote to HHS Deputy Secretary Eric Hargan in a request for access to CARES Act funding.

June 25

Senators Chuck Grassley and Dick Durbin introduced new legislation to expand and clarify compassionate release policies and the Elderly Home Detention Pilot Program. “In the middle of a pandemic the federal government ought to be doing everything it can to protect the inmates in its care,” said Senator Grassley. “We already established important home confinement and early release programs in 2018, which are especially important right now as older inmates face very serious risks because of the virus.” The COVID-19 Safer Detention Act would expand eligibility for early release to those who have served 50% of their sentences, including good time credits; reduce the waiting period for judicial review of home detention and compassionate release from 30 to 10 days during this public health crisis; and clarify that elderly D.C. Code offenders are eligible for the Elderly Home Detention Pilot Program and that people sentenced before November 1, 1987 are eligible for compassionate release.
 
The Motel 6 in Woodburn, Oregon will serve as a coronavirus isolation center for people who have recently been released from prison. The hotel stays are paid for by FEMA and through the CARES Act, not Marion County’s general fund. After some people raised concerns about the arrangement, County Commissioner Kevin Cameron emphasized that it would protect public health and safety. “We will do everything in our power to make sure that it is isolated to right there,” Cameron said. “The alternative is to let people wander the streets that are COVID positive with no place to go, and now you have a real risk.” 
 
People incarcerated at the Louisiana State Penitentiary in Angola said infection was undercounted and people were denied medical care. In the first two months after COVID-19 was detected in Louisiana prisons, only 3% of incarcerated men were tested. Dr. Raman Singh, former medical director for the Louisiana Department of Public Safety and Corrections, said testing may have been limited to avoid confirmation of an outbreak. “If you do that testing, how are you going to handle the results?” said Singh. “If you find it is widespread, how do you handle that with your guards? Never ask a question if you aren’t going to like the answer.” In conversations with investigators for ProPublica, incarcerated men said medical complaints were ignored, men who passed out were diagnosed as dehydrated, and coronavirus symptoms like bad coughs, aches, fatigue, and stomach pains were treated with over-the-counter medicines. 
 
On Monday, the Davidson County Sheriff’s Department announced there was one confirmed case of COVID-19 at the Correctional Development Center-Male in Nashville. On Tuesday, they announced 47 additional cases. All of the people who tested positive have been in medical isolation since June 15, according to a news release from the Sheriff’s office. On Wednesday, the health department began testing for all 502 incarcerated people and 100 staff members at the facility.

The number of people being considered for release by Oregon Governor Kate Brown has dropped to 61, or roughly 0.4% of the state's prison population. Most of those under consideration are scheduled for release this year or next year, and all are medically vulnerable to COVID-19. State lawmakers pushed Governor Brown to expand eligibility to nearly 2,000 people who were at heightened risk of infection or were near the end of their sentences. None of the people in the larger pool were convicted of Measure 11 offenses or other serious person crimes. The lawmakers noted that reducing the prison population would also save money as the state faces a pandemic-induced budget crisis.

June 24

Facing steep budget cuts for the next fiscal year, the Hawaii Department of Public Safety is ending their contract with the YWCA of Oahu, which operated a reentry program. Since 2015, women leaving the Community Correctional Center live at the Y’s Fernhurst facility, and receive wraparound transition services. “We help them with life skills coaching, we help them re-unite with their families,” said YWCA of Oahu CEO Noriko Namiki. “The biggest part of this program is job readiness. What’s the first thing you need when you come out of prison? Jobs.” Nearly 200 women have graduated from the reentry program at Fernhurst, and 84% have not returned to prison. 
 
The Georgia Department of Corrections extended its ban on in-person visitation through July 12. All attorney visits have been cancelled through July 14, and depositions will not be allowed until at least August 1. The GDC urged attorneys to communicate with clients via telephone or mail, or to send non-privileged information by email.
 
Pennsylvania’s prison population has declined by 3,471 since March 1, the largest multiple-month decrease in the history of the Department of Corrections. The decline was driven by maximizing parole releases, furloughing people on parole from centers to home plans, reviewing and releasing people who had served their minimum sentences, and expediting the release of people with approved home plans. Governor Tom Wolf also granted temporary reprieves to 159 people.
 
Of the 334 staff and residents of Wisconsin prisons who tested positive for COVID-19, 324 have recovered. There are nine active cases, and one incarcerated person has been released. Prison recovery rates are higher than those in Wisconsin’s general population, where 3% of people with confirmed coronavirus infections have died. “The entire DOC staff and especially our Emergency Operations Center team took proactive steps to protect both staff members and the persons in our care,” said Corrections Secretary Kevin Carr. “These latest number reflect the tremendous job they have done, so far.” With the assistance of the Wisconsin National Guard, the health department has completed mass testing at 22 of the state’s 37 prison facilities.  
 
A woman who tested positive for COVID-19 at the Montana Women’s Prison was not isolated immediately, and interacted with other incarcerated women for two days. “Our clinical services staff received information after a short period of the time that the inmate may have been exposed to COVID, so at that point the inmate was immediately quarantined,” said Department of Corrections spokesperson Carolynn Bright. No community spread is suspected, and the woman is the only known positive case in the women’s prison. Bright said an internal miscommunication led to her telling the Billings Gazette last week that the woman been isolated for the entire length of her illness. 

This weekend, 41 new COVID-19 infections were identified at New Mexico’s Otero County Prison Facility, bringing the total number of cases to 687. Infections at Otero made up more than 30% of new cases statewide. The prison, operated by the Management and Training Corporation, houses people in custody of the New Mexico Corrections Department and the U.S. Marshals Service. As of Sunday, 412 state detainees and 275 federal detainees had tested positive.

June 23

At the Tarrant County Jail in Fort Worth, Texas, 4,444 people were tested for COVID-19 and only 19 incarcerated people and 7 employees tested positive, for an infection rate of just 0.6%. The jail is the fifteenth-largest jail in the country. “Though we hate that anyone has this illness, we are glad it is so few,” the Tarrant County Sheriff’s Office wrote in a release. “All of those individuals have been quarantined and are being cared for and precautions to prevent further spread continue.” Early in the pandemic, Tarrant County officials established strict protocols for infection control, and those protocols were adopted by the Texas Commission on Jail Standards.
 
Courts in Waukesha County, Wisconsin, resumed in-person proceedings on Monday. Jury trials remain suspended. Masks will be required for all people in courtrooms and court-related spaces. In order to comply with public’s right to view open proceedings, courts will provide live streams or videoconferencing when possible. Gallery benches will be marked to assist in social distancing, and Plexiglass barriers are being installed on the bench and between counsel tables. Reopening plans were created by court officials, in consultation with stakeholders including the District Attorney, Sheriff’s Department, private attorneys, and the department heads for Health and Human Services, Public Works, and Emergency Management.
 
Nearly 200 people living or working at the San Quentin State Prison have tested positive for COVID-19 in the weeks since people were transferred there from the California Institute for Men in Chino. Nearly 800 people have tested positive for coronavirus at Chino, and 19 have died. In an effort to protect the medically vulnerable, hundreds of men were transferred out of Chino and 121 of them were sent to San Quentin. All had tested negative for COVID-19, but some of those tests were conducted weeks before the transfer was executed. After arrival, they were housed in the Badger unit instead of being quarantined. All Chino transfers and COVID-positive residents are now housed in the Adjustment Center, an area of the prison often used for punishment. “He’s basically said he’s in The Hole,” said Maura Bailey, whose husband contracted COVID-19 and is now held in the Adjustment Center. ”Are they going to just be left – I hate to say it – to die there?”   
 
The Weber County Jail, in Ogden, Utah, reported its first confirmed case of COVID-19 on Sunday. Jail staff said the person was placed in isolation and is receiving medical care, and that additional tests would be done on staff and jail residents. Other counties in the area reported no cases among people held in their jails, but Davis County Jail spokesperson Liz Sollis said she would not be surprised to see increased infections in jails as state guidelines are eased. “With more people going out and about, we will see it in all populations,” Sollis said.

Juvenile and civil courts in Indianapolis will reopen with in-person hearings on July 6. Traffic courts will continue with remote proceedings. All people entering the City-County Building are required to wear a face-covering or mask, and reusable masks will be provided to those who need them. Public-facing services have been consolidated on the first floor, which has been marked enforce social distancing guidelines. Visitors are also asked to schedule an appointment online, and check the status of a case before coming to the building to ensure that proceedings haven’t been delayed, moved, or held remotely. 

June 22

Michigan trial courts will receive $4.5 million in CARES Act funding to prevent, prepare for, and respond to the COVID-19 pandemic. Grant categories include personal protective equipment, technology to support remote work and remote hearings, community supervision support services, physical barriers to reduce virus transmission, and additional staffing. “Judges and court staff statewide have worked tirelessly to protect public health while making our justice system even more accessible, transparent, and efficient,” said Chief Justice Bridget McCormack. “Courts have accomplished all of this while facing budget cuts in their local communities, so this grant is perfectly timed to meet a huge need.”
 
Nevada is testing all people held in its state prisons, but not all people serving state sentences will be tested. Nearly 100 Nevada state prisoners are serving time at the Saguaro Correctional Center in Eloy, Arizona, a for-profit prison operated by CoreCivic. CoreCivic said they had not identified any COVID-19 infections among people incarcerated at SCC, and the three staff members who had tested positive were not working with residents or hadn’t been to the prison recently. Other CoreCivic facilities in or near Eloy have significant outbreaks—the Eloy Detention Center has at least 123 cases, and La Palma Correctional Facility has reported 81. Nevada lawmakers passed a bill in 2019 prohibiting the use of for-profit prisons, but the ban does not take effect until 2022.
 
Alabama’s Staton Correctional Facility accounts for more than 20% of the state’s confirmed COVID-19 cases among people who live or work in prisons. According to last month’s statistical report from the Alabama Department of Corrections, it is operating at 276% capacity, holding 1,405 men in a facility built for 508. As of Friday, 24 employees and 15 residents at Staton had contracted coronavirus. Statewide, 193 staff and incarcerated people have tested positive for coronavirus, and 63 have recovered. The state has tested 277 of the approximately 22,000 people incarcerated in state prisons, or roughly 1.2%. 
 
Early releases in Illinois have exacerbated racial disparities in the state’s prison population. Of the nearly 3,400 people released early from Illinois prisons between March 1 and June 4, 43% were white, even though white people make up 32% of the prison population. Black people constituted 46% of early releases, though they make up 54% of the prison population. Among the 1,800 people released who had 90 days or more remaining on their sentences, 55% were white, and just one-third were Black. “You can’t be neutral when the system is at play, you have to actively engage in challenging every step,” said Jobi Cates of Restore Justice Illinois, the group that conducted the anaylsis.
 
At the Eastern Reception, Diagnostic, and Correctional Center in Bonne Terre, Missouri, 16 incarcerated people and five employees have tested positive for COVID-19. Department of Corrections spokeswoman Karen Pojmann said all were asymptomatic. Sentinel testing at Missouri prisons began May 26, and is scheduled to continue at the minimum-security prison in St. Joseph and a treatment center and maximum-security prison in Fulton this week. On Thursday, three Missouri prisons—Algoa Correctional Center, South Central Correctional Center, and Chillicothe Correctional Center—will reopen to visitors. Visitation days have increased, but the rooms will operate at 30% capacity, with two-hour slots limited to two visitors per resident, and a maximum of two visits per month.

At the Federal Correctional Institute in Forrest City, Arkansas, 764 incarcerated people tested positive for COVID-19 and none died. At the Cummins Unit state prison, 963 tested positive and 10 died. University of Arkansas at Little Rock professor Molly Smith said the difference in outcomes were likely driven by the difference in age and background between state and federal prisoners. Those in state prisons were more likely to be serving long sentences or to have cycled in and out of prisons in the past, and are more likely to have a history of substance abuse. Smith also said the health care provided at federal prisons was “probably a little stronger” than at state prisons.

June 19

Since March, fewer people are being admitted to the Bannock County jail, and Sheriff Lorin Nielsen said the lower jail population has been a great relief. The facility in Pocatello, Idaho can hold up to 333 people, but held 250 as of Wednesday. Since March, more people than usual have been released on their own recognizance, and some who would normally be jailed for a misdemeanor or DUI have received a citation in lieu of arrest. Nielsen said he hoped the new policies would continue, and urged the county prosecutor, public defenders, and other justice system stakeholders to look at alternatives to incarceration, particularly for those with mental health conditions or who are booked on drug charges. Sgt. J. Clark said the additional space has improved living and working conditions. “There’s less fights, there’s less contention, it makes it easier on the deputies when that goes on,” Clark said. 
 
In July, the Maine Department of Corrections will allow incarcerated people to have visitors and go back to work in the community, with some new restrictions to prevent infection. Visitation will resume on July 13, will not allow any physical contact, and will be limited to residents of Maine, Vermont, and New Hampshire. Incarcerated people will still be allowed free text messages and phone minutes through the end of July. Community restitution work crews will resume on July 6, and work release programs will restart on July 13, though participants will not be allowed to work in public-facing jobs in retail or food service. “We will be carefully monitoring for symptoms of COVID-19 as we ease certain restrictions,” said Department of Corrections Commissioner Randy Liberty. “The goal is to find a balance between public health and resuming standard correctional operations.” 
 
The Arkansas Department of Health confirmed that 15 people held in the Washington County Detention Center had confirmed cases of COVID-19. After the Washington County Sheriff’s Office conducted rapid tests on 40 people Monday and “several returned with a positive result,” the ADH advised that all people held at the facility should be retested. None of the people who tested positive had exhibited coronavirus symptoms, according to the sheriff’s office. The group of 40 people were new admissions to the jail, and were quarantined and provided with masks.
 
The Escambia County Sheriff’s Office and Corrections Department received a $370,107 grant to cover expenses related to preventing the spread of coronavirus. Nearly $1 million in grant funds have been distributed to law enforcement agencies in the Florida Panhandle to cover additional prophylactic, hygienic, and staffing needs. Escambia County plans to use $105,000 of the grant to purchase air purification equipment and heating, ventilation, and air-conditioning filters. “The majority of the money has already been allocated toward the purchase of face masks, gloves, disposable wipes, Clorox bleach, fillers for our hand sanitizers and a couple of thermometers,” said Chief Deputy Chip Simmons. “We put those out kind of early, and that is what we felt like really helped us get and stay ahead of the curve, if you will.”

As of Wednesday, 22 people who live or work at Indiana prisons have died as a result of COVID-19. The new total includes the recent death of a person who had been held at the New Castle Correctional Facility, as well as eight people from the Plainfield Correctional Facility, four from the Pendleton Correctional Facility, one at the Miami Correctional Facility, and two employees. More than 1,300 employees of the Indiana Department of Corrections have been tested, with 320 testing positive. Among incarcerated people, 1,725 have been tested and 700 came back positive.

June 18

The California Department of Corrections and Rehabilitation announced an additional round of early releases set to take place on July 1. Nearly 3,500 people were granted expedited parole in April, and the total prison population has declined by more than 8,000 since mid-March. In order to be eligible for early release in July, a person must be within 180 days of their release date and have not been convicted of a violent crime or a crime that requires them to register as a sex offender. After release, people will be placed on state-supervised parole, transferred to county-run community supervision, or have the remainder of their sentence discharged. More than 3,200 people held in state prisons have tested positive for COVID-19, and 2,123 have active infections.
 
The Texas Department of Criminal Justice announced this week that it would resume the admission of people from county jails on July 1. Executive Director Bryan Collier said the agency was ready to “slowly and safely beginning the process of receiving county jail offenders,” and noted that they had tested more people than any other correctional system in the country. The TDCJ also disclosed the deaths of 5 more people in state custody who had contracted COVID-19, bringing the death toll to 54. Nicolas Andres Sanchez was 28, Roy Lee Bosier was 59, Florencio Zarate Salas was 62, Michael Lynn Sprague was 72, and David Erasmo Garcia was 83. An additional 35 deaths are still being investigated.
 
In Vermont, African Americans constitute 1.5% of the population, 8.8% of the state prison population, and 17.8% of the confirmed COVID-19 cases inside state prisons. Among incarcerated people tested, Black people were 2.2 times more likely to test positive than white people. Vermont corrections officials completed blanket testing of all residents and staff at the state’s six facilities last week; no active infections were found. The data, released Monday, did not include information on 235 Vermont prisoners housed in Tutwiler, Mississippi, at the Tallahatchie County Correctional Facility.
 
In North Dakota, transfers from county to state correctional facilities resumed for men last week, and are scheduled to resume for women this week. After intake at a state prison, people will spend four weeks in a special quarantine and orientation unit, then be transferred to the general population while the transitional unit is cleaned for the next set of new residents. The DOCR said the next group of transfers is expected the week of July 20. At the Grand Forks County Correctional Center, 14 men and 3 women who have been sentenced to state prison remain in custody. Fourteen men had already been transferred, and one woman was scheduled to be transferred Tuesday but was delayed due to a positive COVID-19 test inside the GFCCC women’s unit. Statewide, 95 state prisoners remain in county jails, down from a high of 135 in May. 
 
Of the 75 people under consideration for early release by Oregon Governor Kate Brown, twenty are women, eight are African American, four are Latinx. All but one person is serving time for drug, property, or driving crimes, and the most common conviction is burglary. State legislators pushed Governor Brown for a more significant effort to prevent the spread of COVID-19 in state prisons, asking for the release of nearly 2,000 people. In April, corrections officials presented Brown with a list of more than 2,800 people who were convicted of non-Measure 11 offenses and were medically vulnerable or near the end of their sentences. At the time, 22 incarcerated people had tested positive for coronavirus. Since then, an additional 145 people have been infected, and one person died.  

An inspection by the Massachusetts Department of Public Health found that people held at MCI Framingham were “properly isolated and quarantined,” but that not all employees were properly using personal protective equipment, and some masks did not fit people properly. The Department of Correction said it adopted the recommendations from the health inspection, implemented additional staff training, and changed its method of reporting positive cases among staff members to help with contact tracing. There are no active COVID-19 infections at Framingham. More than 650 people in Massachusetts jails and prisons have tested positive for coronavirus, and nine have died. Two additional deaths occurred at the Federal Medical Center at Devens.   

June 17

As of Monday, 79 incarcerated people and 34 staff at the Coyote Ridge Corrections Center in eastern Washington had confirmed cases of COVID-19. The facility has restricted movement, allowing people out of their cells for only 30 minutes per day, only half as much time as is normally given to people in solitary confinement. Earlier this month, Governor Jay Inslee announced that testing would be expanded to people who live in congregate settings, and the Office of the Corrections Ombuds recommended universal testing for all people who live or work in state prisons. The Department of Corrections has not acted on this advice, or on the recommendation that they test people who have been in close contact with a positive person.
 
In New Mexico, the Otero County District Court livestreamed its first jury trial on Monday. “We have implemented safeguards and changed courtroom practices to provide protections against the spread of COVID-19,” said Chief Judge Angie Schneider. “We are ready to welcome jurors back into our courthouses.” Jurors will be issued “wellness kits” with hand sanitizer and a mask, and will be subject to temperature checks. As the first trial got underway, Defense Attorney Roberta Yurcic raised a series of objections to the process, including arguing that her ability to communicate with her client, who cannot read or write, was hampered by the plexiglass barrier that separated them.
 
Nearly 3,000 people are waiting to be transferred from Alabama county jails to the Department of Corrections, and Governor Kay Ivey has ordered the DOC to come up with new intake procedures.  Sonny Brasfield, executive director of the Association of County Commissions of Alabama, said the situation was “not as dire,” because efforts had been taken to slow the influx of new admissions. “Our significant concern is that if we do not get a new intake process together by the time jury trials start in Alabama, which is mid-August,” said Brasfield, “if we don’t have a new system working, at that point we’re going to reach crisis.”
 
At Ohio’s Coshocton Justice Center, no incarcerated people or employees have been diagnosed with the COVID-19, but efforts to prevent infection have exacerbated some problems inside the facility. Dental and specialist appointments have been difficult to schedule except in case of emergency, legal visits have been largely limited to phone calls, and the suspension of visitation has left many feeling cut off from friends, family and the community. “People have had to go months without seeing their families. It puts a drain on them and takes its toll,” said jail administrator Lt. Charles Udischas. “Tensions can run high and with there not being much we can do to improve conditions, it has really magnified the already existing problems that having an outdated facility already cause.” In a 2019 jail inspection, the facility with cited with 54 violations—26 were deemed essential and 16 could be fixed only by building a new jail.
 
Courthouses in Guilford County, North Carolina are closed this week, after two employees tested positive for COVID-19. The county health department is conducting contact tracing, and the buildings and ventilation systems will undergo deep cleaning and sanitation. Hearings that had been scheduled for this week will take place virtually or be rescheduled, and other legal services, including applications for gun permits, background checks, and fingerprinting, will be suspended. “We regret this unfortunate occurrence,” courthouse officials said in statement, “but our paramount concern is the safety of the public and all courthouse staff.” 
 
In-person visitation will resume in New York when all regions of the state have moved into the third phase of New York Forward, the state’s reopening plan. In order to be admitted into a facility, visitors will have to wear a mask, answer a questionnaire, and have their temperature checked. Physical contact will not be allowed, and visits will be limited to two hours. The Department of Corrections and Community Supervision also announced they would gradually restart programs for mental health, substance abuse, and sex offender counseling; vocational and continuing educational programs will resume in the fall. 

As courtrooms in Bexar County, Texas have begun to resume in-person services, temporary acrylic shields and blue tape markings are being replaced by semi-permanent infrastructure to prevent the spread of infection. Officials are installing protective shields and barriers, and upgrading all courtrooms and offices at the Cadena-Reeves Justice Center, Bexar County Courthouse, and Paul Elizondo Tower building. Jury trials were suspended in March and are not expected to resume until at least June 30, and District Judge Ron Rangel said judges and clerks should continue to conduct as many remote proceedings as possible.

June 16

The Treasury Department and the Small Business Administration adjusted criminal record requirements for applicants for the Paycheck Protection Program’s COVID-19 emergency relief funds. The new guidelines reduced the look-back period for non-financial felonies from five years to one year and clarified that those who participated in pretrial diversion programs would remain eligible for PPP loans. Senators Rob Portman, Ben Cardin, James Lankford, and Cory Booker released a joint statement emphasizing that many Americans would still be excluded from the program under these guidelines, including people who had not been found guilty of any crime, and those who were convicted of offenses unrelated to financial crime. The senators’ Paycheck Protection Program Second Chance Act would limit exclusions to people who are currently incarcerated, or were convicted of felony crimes related to financial fraud within the past five years.

In-person visitation will “cautiously restart” at Delaware prisons on June 29, according to Department of Corrections Commissioner Claire DeMatteis. Scheduling will start on June 22, and all visitors will be screened for potential exposure and have their temperature checked upon arrival. Visitation will take place through plexiglass barriers, and all visitors will be required to wear a mask the entire time they are in the prison. Over the past three months, 3.5% of the state prison population contracted COVID-19, and seven died as a result. 

At the Pinellas County Jail in Clearwater, Florida, 13 employees and five incarcerated people have tested positive for COVID-19 in the past few days. Thirty employees are on home quarantine and 14 are awaiting test results. The Sheriff’s Office is taking steps to reduce the spread of infection, including asking law enforcement to limit physical arrests, referring misdemeanor cases to the State Attorney’s Office or issuing notices to appear, asking judges to refrain from remanding people to custody, limiting transport of incarcerated people, and using videoconferencing for court appearances. All employees are required to wear masks inside the jail, and incarcerated people must wear masks when outside of their housing units.

The Mayor’s-court in Grove City, Ohio has been suspended since mid-March, and court collections have declined significantly. In May, the city collected $8,319, down from a monthly average of nearly $30,000. “There has been a reduction in the amount of driving people are doing, so there are fewer tickets being issued, and a lot of businesses where thefts would occur have been closed,” said city administrator Chuck Boso. Virtual court sessions will resume on June 24, with defendants participating remotely.

Five people incarcerated at the Coastal State Prison in Savannah, Georgia have died as a result of COVID-19, and 42 have tested positive. Nearly half of the prison’s 1,836 residents live in open-bay dormitories, and family members reported that people held at the prison were only issued one mask per week, and were not given hand sanitizer or extra soap. Georgia Department of Corrections spokeswoman Joan Heath said residents were issued extra hand soap and sanitizer, sanitization efforts were enhanced, and the $5 co-pay was waived for people exhibiting COVID-19 symptoms who needed medical treatment.

Since March 11, Stark County Jail Chaplain Tim Klink has provided spiritual guidance without the 66 volunteers who normally assist in his work. Instead of the typical 13 hours of formal services each week, Klink has visited with people individually, and distributed a newsletter, Bibles, and spiritual literature. Three days a week, Klink walks through the jail, ministering to men and women who are largely restricted to their cells.  “We can’t be business as usual,” said Klink. “I now get into the housing units more and that’s beautiful.”

 June 15

Only 1% of people held in Alabama prisons have been tested for COVID-19, despite at least 84 confirmed cases among prison staff. “It is probable, based on what we’ve seen in our communities and in other confined institutions, that there have been and/or currently are a number of undiagnosed, asymptomatic cases among our inmate population,” wrote Alabama Department of Corrections spokeswoman Samantha Rose. Twenty-five staff members at the Tutwiler Women’s Correctional Facility in Wetumpka have confirmed infections, but only eight women incarcerated there have been tested. The ADOC also declined to reveal information on the number of people who have died in their custody this year, saying reports have been delayed due to coronavirus. The most recently available data is from February, and the ADOC said data from March should be available in two to three weeks.
 
Oregon Governor Kate Brown asked the Department of Corrections to conduct case-by-case reviews of a limited group of people for possible release. Governor Brown’s criteria limited the list of those eligible for review to about 100 of the state’s roughly 15,000 prisoners. In order to be considered, a person must be “particularly vulnerable” to COVID-19, have not been convicted of a crime against another person, have served at least half of their sentence, have a good conduct record for the preceding year, have a suitable housing plan for release, and may not pose a safety, security, or compliance risk. Despite only extending the possibility of release to 0.67% of incarcerated people, Brown’s announcement still drew opposition from the Oregon District Attorney’s Association.
 
More than half of the people in Nevada prisons have been tested for coronavirus, a steep increase from May 14, when just 0.45% had been tested. Testing is complete at three work camps and two prisons, and is still in progress at nine facilities. Broad testing has yet to begin at the Warm Springs Correctional Center, Ely State Prison, Northern Nevada Transitional Housing, and the Ely, Pioche, and Wells conservation camps. “There has not been widespread testing at the remaining facilities as the Nevada State Public Health Lab has a set number they can process each day,” said Department of Corrections spokesman Scott Kelley. “However, plans are in-place to test our remaining facilities soon.” As of Friday, seven incarcerated people and 30 employees have tested positive.
 
The Canyon County Jail in Caldwell, Idaho, is operating at just over 64% capacity, holding 275 men and 61 women. As recently as February, it was at 97% capacity. Sheriff Kieran Donohue pointed to two factors driving the decline—several dozen people in the county’s labor detail and work release programs were allowed to be released, and law enforcement increased the use of “cite and release” or “book and release” to reduce jail intake. Sheriff Donohue said the lower capacity allowed the county to close an outdated annex and renovate some units. “…We are taking advantage of the current lull in our inmate population to create a better living environment for the folks being housed at our facility,” said Donohue.
 
Michigan Governor Gretchen Whitmer extended executive orders aimed at reducing COVID-19 risks faced by incarcerated people through July 9. Her orders encourage the early release of people who are elderly or otherwise at high risk from COVID-19, do not pose a risk to public safety, are pregnant, or are near their release date. They also direct the Department of Corrections to continue risk reduction protocols, including screening people on intake or release, restricting non-attorney visits, testing and isolating people with coronavirus symptoms, and notifying the state about suspected infections. “These orders will ensure that we can continue to flatten the curve, avoid a second wave of infection, and protect the heroes serving on the front lines of this crisis,” Whitmer said in a prepared statement.

After a positive test result for an employee of the Madison County Jail in Richmond, Kentucky, officials acted quickly to limit the spread of infection. “Within four hours of notice, White House Clinics began testing employees and inmates of the Detention Center,” said Jailer Steve Tussey. Nearly 300 tests were conducted, and only one additional case was found—an incarcerated person who officials said had been quarantined and will not be released to the general population until a secondary test comes back negative. The county health department is also conducting contact tracing,

June 12

Until mid-April, Indiana prison employees who lived with someone who tested positive for COVID-19 were still required to come to work, unless they exhibited coronavirus symptoms. The Indiana Department of Corrections said their policies were “closely aligned” with guidance from the Centers for Disease Control and Prevention, but CDC guidelines for prisons recommend that staff should self-quarantine for 14 days after close contact with a person who is infected. “People should have the flexibility to stay home when needed, otherwise you’re just risking spreading [the coronavirus] throughout the facility,” said Indiana University’s Fairbanks School of Public Health’s Shandy Dearth, who noted that 44.8% of Hoosiers who tested positive for COVID-19 were asymptomatic. As of June 10th, 317 employees and 694 incarcerated people had tested positive; two employees and 19 incarcerated people were suspected or confirmed to have died as a result of coronavirus.

California’s Judicial Council voted Wednesday to end the $0 bail policy instituted to ease overcrowding during the COVID-19 pandemic. The order, which applied to those accused of misdemeanors and some low-level felonies, helped reduce the state’s jail population by more than 20,000 people. The council said a statewide policy was no longer appropriate, but that individual counties may continue the bail policy “where necessary to protect the health of the community, the courts, and the incarcerated.” Chief Justice Tani Cantil-Sakauye also ended her order extending the time allowed for arraignment, and reinstituted the requirement that people be brought before a judge within 48 hours.

After nearly three months, visitation will resume Monday at the Snyder County Prison in Middleburg, Pennsylvania. Three visitors will be allowed at a time, and phones and counter surfaces will be sanitized between visits. Warden Shawn Cooper said restrictions will be lifted gradually, and some COVID-related changes will remain: plexiglass barriers will stay up, and staff and incarcerated people will still be required to wear masks. Other changes made to reduce tensions while visitation was suspended—providing incarcerated people with free phone calls, extra outdoor time, or pizza—will be dropped as the facility goes back to normal operations. “Given the circumstances,” said Warden Shawn Cooper, “it has been trying for everyone.”

Sentinel testing conducted by the Montana Department of Corrections identified two women who are considered presumptively positive. The women, who would have the first cases of COVID-19 in DOC facilities, did not exhibit symptoms of the virus. All 194 incarcerated women and 48 employees at the prison are now being tested, and RiverStone Health is conducting contact tracing. “The department had a plan in place in case we had positive results in any of our facilities,” DOC Director Reginald D. Michael wrote. “We are following that plan and will work diligently to ensure the health and safety of our inmate population, our staff, and the public.”
 
At the Madison County Jail, 24 people who would normally be in the custody of the Illinois Department of Corrections are awaiting transfer, and administrators are concerned about the lack of space. Governor J.B. Pritzker suspended transfers to state prisons on March 26, and his executive order will remain in effect until at least late June. Chief Deputy Jeff Connor said ongoing upgrades had already limited space in the jail. “It’s becoming harder to properly quarantine any inmates in the jail or new inmates whenever you have an entire cellblock that is housed by inmates that should be at another facility,” Connor told KMOX.

 June 11

In Philadelphia, more than 15,000 cases that had been delayed during the pandemic are in the process of being rescheduled, but prosecutors and defenders may have to work through the backlog with reduced staff. A new budget proposal from the Mayor Jim Kenney would cut $8.7 million from the District Attorney’s Office, most of which would be reflected in payroll reductions. The Defender Association expects a reduction of $3 million, cutting 35 positions, including 22 attorneys. Chief Defender Keir Bradford-Grey said the reduced resources would “result in a lot of disruption,” and leave incarcerated defendants in jail longer before trial. Roughly 90% of the nearly 4,000 people held in city jails have yet to be convicted of a crime. “What we’re talking about is kicking out two legs of the table and asking the table to stand up,” District Attorney Larry Krasner said of the proposed budget cuts.
 
The number of known cases of COVID-19 inside Maricopa County jails have risen from 30 last Thursday to 203 on Monday, and officials are considering conducting mass testing. Four of the five Phoenix-area jails have confirmed infections, though officials did not reveal which facilities were affected. Sheriff Paul Penzone’s office said they were conducting contact tracing for staff, and that all incarcerated people who may have been exposed to infection were under quarantine. County officials undertook a series of preventative steps early in the outbreak, including suspending visitation, screening newly admitted residents, limiting movement, providing facemasks to incarcerated people and employees, and reducing the jail population from 7,100 in December to roughly 4,400 this week.
 
The Oregon Health Authority announced Tuesday that the COVID-19 outbreak at the state prison in North Bend was over—at least 28 days had passed since the last onset of symptoms for any people living or working there. Active outbreaks remain at the Oregon State Penitentiary, the Santiam Correctional Institution, and the Two Rivers Correctional Institution. New cases have slowed at OSP, where one new case was identified in the past several days, down from a high of 20 new cases per day.
 
James McKinney, former warden of the Iowa Medical and Classification Center in Coralville, Iowa, retired abruptly after state officials began an investigation of whether the Coralville prison ignored federal guidelines on COVID-19 containment. “This facility deserves strong and steady leadership,” wrote Department of Corrections Director Beth Skinner to Coralville staff. “A number of decisions have been made over the past several months that have resulted in my ordering an investigation into these issues.” Twenty-two incarcerated people and two employees at the prison tested positive for coronavirus. Coralville, a medium-security facility, is the admissions center for the state prison system. 
 
New Jersey began a pilot program allowing virtual grand juries in Bergen and Mercer counties last month, limited to third- and fourth-degree crimes. No defendant has yet agreed to take part in the process, but the requirement that a defendant approve the online process was eliminated last week. Judges in the state have hosted more than 31,000 virtual hearings, with more than 262,000 people participating in detention hearings, guilty pleas, and sentencings. Judge Glenn A. Grant, acting director of the Administrative Office of the Courts, was concerned about the impact of the digital divide, as unequal access to electronic devices and high-speed internet could make it more difficult to assemble a representative jury. “If you tell me in 2021 that we’re still in this lockdown situation, then that’s different,” said Grant. 

The South Sioux City Police Department received two grants to upgrade equipment to prevent the spread of COVID-19. A grant of $145,000 comes from The Nebraska Commission on Law Enforcement and Criminal Justice, and $75,000 from the Criminal Justice eCitation program. Funds will help pay for UV disinfecting lights and sprayers, and reimbursing prior sanitization costs. The department will also upgrade radios and tablets for police officers, allowing them to report remotely, record witness statements, and take photographs. Additionally, the department will adopt an e-citation system that allows officers to create digital tickets and warnings. Chief of Police Ed Mahon said the grants would allow the department “to be safer and more equipped, and better able to serve the community.”  

June 10

The Kansas Department of Health and Environment declared that the Lansing Correctional Facility’s COVID-19 outbreak has been contained. There have been 926 confirmed coronavirus cases among those who live or work at Lansing, and six deaths. Visitation, volunteer programs, and non-essential private industry jobs will remain suspended, but residents will resume work in food service, laundry, and maintenance at the prison. “The resumption of activities is a first step to normalizing operations at Lansing,” said Kansas Department of Corrections Secretary Jeff Zmuda, “but one we will do with an abundance of caution and care.” 

At least 16 of the nearly 200 men transferred from the California Institute for Men in Chino to other state prisons have now tested positive for COVID-19. The transfers were executed between May 28 and 30, but none of the men had been tested more recently than May 12, and some hadn’t been tested since May 1. According to corrections officers who spoke with the San Francisco Chronicle, some showed symptoms of COVID-19 before they arrived at San Quentin. Prison officials said the men were placed in 14-day quarantine at San Quentin and Corcoran, and did not have any contact with other incarcerated people. “It’s disappointing that these transfers, which were done to try to keep people safe, have now created a situation where the people at San Quentin have to now worry about whether they’re safe of the virus,” said the Prison Law Office’s Steve Fama, who represented the incarcerated men. 

There are no active cases of COVID-19 among incarcerated people or staff at the Lebanon County Correctional Facility in Central Pennsylvania. No tests are pending. The first known infections were identified in the jail in late April, and eventually spread to 19 incarcerated people and four employees. All have recovered. In early April, before any cases were found in the jail, county judges worked to reduce the jail population by granting early release to people who were near the end of their sentences, had been approved for work release, or had underlying health conditions. As of Monday, there were 254 people in the jail, down from 442 in January.  

The Wyoming Legislature’s Joint Judiciary Committee approved a $95,000 request from the Department of Corrections to upgrade mobile and wall-mounted tele-medicine and tele-psych units. According to WYDOC Director Robert Lampert, tele-health was critical to maintaining services in recent months. “By using those tele-med and tele-psych services, we’ve been able to eliminate backlogs and still provide safe and effective care to our inmate population through the COVID-19 pandemic,” he told the committee. Fully upgrading the system in all five correctional facilities, including equipment for eye exams and heart monitoring, would cost the state nearly $200,000. Each tele-health appointment saves nearly $350 in staff time and travel costs—off-site medical appointments can require a 120 mile drive.

Courtrooms across Oklahoma will be allowed to use videoconferencing technology in all stages of civil or criminal proceedings except in jury trials or trials before judges. House Bill 3756, which expanded the use of videoconferencing, was signed into law late last month by Governor Kevin Stitt. “One thing we’ve learned during this health crisis is that we have to be more efficient in government,” said Senator Michael Brooks, a former criminal defense lawyer. “This is a great example of using technology to modernize our court systems.”

The District of Columbia does not have a state-equivalent prison system; people convicted of felonies in D.C. serve time in a federal prison. A new investigation found that 36 D.C.-sentenced prisoners are held at the federal prison complex in Butner, North Carolina, which has seen more than 700 COVID-19 cases and ten deaths. Another 72 people are held at facilities with significant outbreaks in Atlanta, Georgia; Danbury, Connecticut; and Oakdale, Louisiana. The Bureau of Prisons did not disclose if any D.C.-sentenced residents were among those who had tested positive at any of the four facilities.

 June 9

Between April 15 and May 31, 6,024 people were released before trial in Kentucky, nearly twice as many as during the same time period in 2019. Despite the dramatic increase in releases, the re-arrest rate remained the same, at 4.6%. The state’s jail population has fallen by 32% since late February, going from 24,449 to 16,542. More than half of those remaining are serving felony sentences. The state’s daily arrest rate also fell during the COVID-19 pandemic, going from between 500 and 700 to a low of 193 in April. Arrests have begun to increase, reaching nearly 300 last week.
 
In-person visitation resumed Friday at the Cook County Jail. “We have worked hard to find alternative methods to allow families to stay in touch with detainees,” said Sheriff Tom Dart,” but nothing can replace seeing loved ones face-to-face, and that only adds to the already significant stress experiences by the families of those incarcerated.” Ten outdoor visitation areas have been set up in the yard of the jail. No physical contact is allowed, and visitors and residents must stay at least six feet apart. As of Sunday, 36 people at the jail had active COVID-19 infections, and 511 had recovered.
 
The South Carolina Department of Corrections built a contact tracing app for staff. In the early weeks of the COVID-19 crisis, corrections staff were tracking health, travel, and testing on paper and on spreadsheets. Last month, they created an app that tracks key information and syncs with employee badges, restricting building access for people who need to isolate at home. “We’re looking out for the people who are working for us,” said Department of Corrections director Bryan Stirling. Of the 17,500 people held by the SCDOC, just 91 have tested positive for COVID-19. 
 
The Hawaii Department of Public Safety is using a new “dry-fog” disinfecting system to kill COVID-19. The patented sanitation system creates an anti-microbial barrier that kills pathogens for up to 90 days. “We feel very comfortable making the claim that we are sterilizing the areas,” said Jonah Ka’auwai, Hawaii Correctional Industries division administrator. “The most common comment is that it smells like a hospital—it’s so fresh.” Holding cells at the Halawa Correctional Facility, Oahu Community Correctional Center, and Maui Community Correctional Center have been disinfected, and high-traffic areas of the Hawaii Community Correctional Center and Kulani Correctional Facility are scheduled for treatment on Thursday.
 
The Louisiana Department of Public Safety and Corrections has suspended its furlough panel. The panel, established in April, was tasked with reviewing cases to determine who could be safely released to reduce prison populations in the face of the COVID-19 pandemic. As of June 1, they had reviewed only 557 cases and approved only 92 for release, a reduction of 0.3% of the state prison population. As of last week, 559 people in state prisons had tested positive for coronavirus, and 14 incarcerated people had died.

Jury trials in felony criminal cases have begun on a pilot basis in Hennepin, McLeod, Olmstead, and Ramsey counties. Prospective jurors in those counties will be given paper masks and must follow Minnesota Department of Health guidelines on social distancing, assembly, and moving about the courthouse.  In other counties, criminal trials are suspended through July 6 and civil trials through September 1. Chief Justice Lorie Skjerven Gildea predicted a “gradual transition” toward reopening county courts: “We’re not just going to turn the lights on and everything will be back to the way it used to be on day one.” 

June 8

Active coronavirus cases at Arkansas’ Cummins Unit prison have dropped to just 11, down from a high of more than 900 in April. The prison had been home to the largest outbreak in the state, and 11 incarcerated people died as a result of COVID-19. At the Randall L. Williams Unit in Pine Bluff, only two active cases remain among residents, down from a high of 227. One person held at that prison died. The Williams Unit is still on lockdown, but some activities have resumed at Cummings—yard call is being conducted on a daily basis, and food is once again being served at the dining hall. GED classes, substance abuse treatment, and visitation remain suspended. 
 
Nearly 16% of all known COVID-19 cases in Illinois can be traced back to the Cook County Jail, according to a new report from the University of Chicago. The share of cases is nearly equal in Chicago (15.9%) and statewide (15.7%). “As the pandemic began, I realized this was going to be a huge driver,” said University of Chicago researcher Eric Reinhart. “The jail cycle – arresting people, cycling through the jail and back into their communities – was going to be a huge driver of COVID-19 spreading to communities.” Jail cycling accounted for 37% of variance in case levels across zip codes statewide, and 55% in Chicago. Reinhart said the jail’s total impact is likely higher than the report has shown—his data ended in April and did not account for employees.
 
Nearly 1,000 people at the Chuckawalla Valley State Prison in Blythe, California, have tested positive for COVID-19. The first case at the prison was confirmed May 15. By May 26, there were 148 known cases. By Saturday, there were 986. Officials at the prison are working with the California Correctional Health Services to ensure adequate staff coverage, and have received additional oxygen concentrators and infrared thermometers. Chuckawalla is operating at 129.8% capacity, with 2,256 people held in a prison designed for 1,738. The other two California state prisons experiencing significant outbreaks are also over capacity—the California Institute for Men, which is at 103% occupancy, and the Avenal State Prison, which is at 141.8%. 
 
The North Dakota Supreme Court’s Jury Standards Committee proposed a series of changes to the state’s jury trial procedures, aimed at resuming safe operations during the pandemic. They recommended a COVID-19 questionnaire be added to jury summonses, including a question allowing people aged 60 or older to request excusal due to infection risk. They also proposed limiting misdemeanor and civil trials to six-person juries, increasing juror compensation from $50 to $100 per day, increasing bailiff compensation, reducing the number of times attorneys may object to proposed jurors, and providing personal protective equipment. Some of the proposals require legislative action or rules changes. The Supreme Court is accepting public comments through June 18 on the proposed changes and will decide whether to adopt them later this month. Civil and criminal jury trials are both suspended through July 1. 
 
The Civic Center in Batesville, Mississippi was used as a courtroom for the first felony trial in the state since the onset of the pandemic. Supreme Court Emergency Administrative Order 11, issued on May 7, allowed courts in counties with one or fewer COVID-19 deaths per month to resume jury summonses on or after May 18. More than 100 prospective jurors answered their summons, and were seated with five empty seats between them and alternating empty rows. Hand sanitizer and masks were provided for anyone entering the arena, and all visitors had their temperature taken. Caregivers, those who were ill, and people who were over the age of 65 or otherwise vulnerable to COVID-19 were excused from jury service.  

Since March 1, the Level V prison population in Delaware has decreased more than 11%. The Level IV work release/violation of probation population has gone down by 37%, and the number of people detained pretrial has decreased by nearly 25%. These numbers come from a new report issued by the Delaware Department of Corrections on efforts to contain the spread of COVID-19. Of the more than 4,000 people in the state’s prisons and work release centers, just two have active infections. “Deliberate and sustained actions have helped mitigate the risk of COVID-19 in Delaware’s correctional system,” said Commissioner Claire DeMatteis. “We will continue to aggressively screen, clean, monitor, test, isolate, trace, and treat to stay ahead of this invisible threat.”

June 5

At Michigan’s Macomb Correctional Facility, a mistake in sorting test results may have exposed COVID-negative incarcerated people to infection. Mass testing was conducted at the prison in late May, and 108 people were given incorrect results—54 people who were negative were told they were positive, and 54 who were positive were told they were negative. Those who received a false positive were removed from their housing units and will be isolated for 14 days. Those who received a false negative were moved to a COVID unit. People who were housed with infected people will be monitored for symptoms, though the Michigan Department of Corrections did not indicate whether anyone would immediately be retested. As of Tuesday, 236 people held at Macomb tested positive, along with 33 prison staff. Five incarcerated people have died.  

Connecticut’s prison population is expected to drop below 10,000 this month, the lowest point in nearly 30 years. The decline is largely the result of fewer admissions, rather than early releases. Between March 1 and June 1, 1,995 people were released from state prisons, just 150 more than in the same time period in 2019. During that three-month stretch, 446 people entered the state’s sentenced population, nearly 75% fewer than between March 1 and June 1, 2019. The decline in population was lower for black and Hispanic prisoners, at 14%, than for white prisoners, at 19%.

Nonprofit service providers in Onondaga County, New York, were informed this week that they would see significant cuts in funding from the county. The Vera House will receive $27,735 less they expected for therapy services for children who have been sexually abused, adult protective services for victims of domestic violence and elder abuse, and victims support services offered in partnership with the District Attorney’s Office.  A short-term loan from the Paycheck Protection Program will allow Vera House to continue operations for the time being, but they may face additional cuts in county funding after June 30. 

Trial court circuits in Jacksonville, Daytona Beach, Orlando, Miami-Dade, and Fort Myers have been chosen to test remote technology for civil jury trials. The pilot sites were selected by the state’s COVID-19 Workgroup, which is tasked with safely restoring court operations. Criteria for selection included technological capacity, geographic diversity, local infection levels, and approach to operations, ranging from fully remote to some in-person activities. The pilot programs will start with civil cases involving disputes among individuals, rather than criminal cases, said Florida Supreme Court public information officer Craig Waters. “Criminal trials typically involve more complex issues of constitutional rights than civil trials do,” Waters noted.  

The Alabama Department of Corrections confirmed seven more staff members with positive tests for COVID-19, bringing the total of staff or contract employees with active infections to 51. Another 17 have recovered and been cleared to returned to work. Employee infections were confirmed at the Tutwiler Prison for Women in Wetumpka, the Ventress Correctional Facility in Clayton, the Alex City Community Based Facility/Community Work Center, and the Birmingham Community Based Facility/Community Work Center. The ADOC has opened a contact tracing investigation for incarcerated people and employees who may have been exposed to infection. 

Ohio Governor Mike DeWine has asked unions representing public employee, including the highway patrol and corrections officers, to discuss pay cuts and freezes. “It’s frustrating that we’ve essentially put our lives on the line and our families’ lives on the line during the pandemic, and now we’re being asked to give up more,” said Chris Mabe, a corrections sergeant at the Lorain Correctional Institution, and president of the Ohio Civil Service Employees Association. “We’ve had four prison employees who’ve died since the onset of the pandemic. Our families have fought contagion.” 

Since the onset of the COVID-19 pandemic, the Rock County Jail in Janesville, Wisconsin limited new admissions to those who were accused of violent acts or who posed a threat to the public. This week, under the first phase of reopening, the jail will start to admit people accused of violating their terms of probation, and people accused of felonies who are deemed by the arresting agency to be in need of incarceration. Newly admitted people will be held in a quarantine area for two weeks. The sheriff’s office also reopened its lobby to allow for video visits with incarcerated people. Jail Captain Kimberly Litsheim said there is no set number of phases in the reopening process, and officials are writing the plan as they go.

June 4

Juan Ledoux-Moreno died Monday. He was 74, and was serving a one-year sentence for firearms and drug charges at the Federal Correctional Complex in Butner, North Carolina. He was the sixth person held at Butner to die as a result of COVID-19 in the past nine days, and the 15th since March. The complex is home to three facilities—a medium security prison, a low-security prison, and a camp. When early outbreaks were identified in the medium security prison and camp, prison officials moved COVID-19 positive residents into a housing unit within the low-security prison. There are now 270 active cases among people held in the low-security facility, and seven staff assigned to that prison. In response to the latest outbreak, officials said they planned to test all people at the low-security facility for COVID-19 within 48 hours.
 
At the Lincoln Regional Center, Nebraska’s state psychiatric hospital, eleven employees and one patient have tested positive for COVID-19. Testing continues and more cases are expected to be found. After administrators were informed that an asymptomatic staff member had tested positive on May 21, they worked with medical officials and contact tracers to identify points of potential exposure and brought in the Nebraska National Guard to assist in broader testing. As of Tuesday, 230 patients and employees had been tested. Staff with potential exposure are being asked to self-quarantine, and those who need to quarantine away from a high-risk household member are being provided with accommodations. The Nebraska Department of Correctional Services also announced two new confirmed COVID-19 cases among staff at the Tecumseh State Correctional Institution, bringing the total of NDCS staff members who have contracted coronavirus to 16.
 
More than 20% of Montana’s active COVID-19 cases are at the Yellowstone County Jail in Billings. Eight incarcerated women and one jail employee tested positive last week. Sheriff Mike Linder said the jail conducted 75 tests on Friday, for 34 incarcerated people and 41 staffers. “I think it’s something that’s probably going to have to be done,” Linder said about conducting additional tests, though he noted they might be limited by availability. 
 
Between mid-March and May 29, the D.C. Department of Corrections administered tests to 714 people held at the Correctional Detention Facility and the Correctional Treatment Facility. One incarcerated person has died, more than 200 have tested positive, and 469 are under quarantine. Among jail staff, 80 have tested positive, and one person has died. After early responses to the pandemic spurred lawsuits from incarcerated people and corrections staff, the jail was ordered to take additional steps to limit the spread of COVID-19, and independent inspectors were assigned to review progress and conditions. “The jail has made steps in direct response [to the lawsuit],” said the D.C. Public Defender Service’s Steven Marcus, “but what we have heard is still that there are gross deficiencies in sanitation at the jail.” Local officials have reduced the jail population by nearly 500 people since the onset of the pandemic, but the majority of remaining jail residents are under federal custody.
 
The Oregon Department of Corrections has only tested 4% of people in state prisons. Testing is voluntary for people held in Oregon prisons, and some incarcerated people have refused testing for fear of being subject to solitary confinement or losing privileges. “We aren’t going to … strap them down and test them. That’s not how we do business at the Department of Corrections,” said communications manager Jennifer Black. “This is the same as if you were in the community making your own health choices.” Despite the low level of testing, there are still 123 confirmed cases among residents of the Oregon State Penitentiary and 44 among staff.

The drug court in St. John’s County, Florida, was not designated as a critical part of court operations, but has continued programming through the COVID-19 crisis. “If they quit doing all the things we make them do in drug court, they’re going to go off the edge,” said St John’s County Court Judge Alexander Christine. “They’re going to go right back into relapse,” she continued. The intensive drug treatment and accountability program had to be adjusted to remove in-person interactions, and limit the possibility of reincarceration. To avoid spreading infection, administrators had Zoom meetings and were able to find workarounds for drug testing. Ten program participants graduated in May, with a ceremony held via video conference.

June 3

The jail population in New Mexico dropped by one-third between March 13 and May 27, according to the New Mexico Association of Counties. Jails are now at just 43% capacity and population reductions were particularly steep in McKinley and San Juan Counties, with declines of 60% and 45%, respectively. As of last week, 2,099 people held in county jails had been tested for COVID-19, and only 22 had tested positive. Among employees, only 15 cases were confirmed out of 2,404 people tested. “… So far, it looks like we have reduced the number of people incarcerated in jails without reducing public safety,” said Bennet Baur, Chief Public Defender for New Mexico. “And it looks like it has worked to keep those testing rates low, which I hope is true. This took a lot of work by a lot of people.”
 
New analysis of data from New York, Los Angeles, Baltimore, Pittsburgh, and Tucson found that as arrest rates fell in March and April, racial disparities increased. Arrests for white people declined 17% more than for black people and 21% more than for Hispanic people. The analysis, from the Marshall Project, also found that while misdemeanor arrests fell sharply during the first weeks of the pandemic, felony arrests only declined slightly. In Los Angeles, police made 1,000 fewer arrests for misdemeanors in March than in February, while felony arrests only dropped by 100.
 
In the USA Today, David Patton, Executive Director and Attorney in Chief of the Federal Defenders of New York, and Brett Tolman, former U.S. Attorney for Utah, wrote about the need to confront COVID-19 in the justice system on five fronts: slowing the spread of infection by safely reducing prison and jail overcrowding; preserving and expanding addiction and mental health treatment, alternatives to incarceration, and reentry programs; improving testing, medical care and treatment for incarcerated people and corrections staff; expanding access to technology for justice system stakeholders; and encouraging second chance employment. Patton and Tolman urged Congress to include justice system funding in the next COVID-19 emergency relief bill. 
 
Three people who had been held in Florida prisons died of COVID-19 over the weekend. Corrections officials did not release the names of the people or the facilities at which they had been incarcerated. As of Monday, more than 1,500 people in Florida prisons have tested positive for COVID-19, and 15 have died. Everglades Correctional Institution in Miami became the 11th state prison to report an outbreak, going from 6 to 30 cases in the past week. Health and corrections officials reported that 13,261 tests have been administered to incarcerated population of nearly 94,000 people, though some people had been tested more than once. The Department of Corrections would not disclose the number of tests that had been administered to staff, but said 265 have tested positive.  
 
In Jefferson County, Alabama, the sheriff’s office is using body scanners to reduce contact during booking. The scanners, similar to those used by the Transportation Safety Administration, can detect drugs, weapons, or contraband without requiring deputies to physically search newly admitted people. To prevent the spread of infection, the Jefferson County Jail implemented outdoor booking procedures, established 14-day quarantine holding cells, and ramped up cleaning procedures in an effort to prevent a coronavirus outbreak. The facility has thus far remained free of COVID-19.  

Danny Mendoza died Saturday, the first employee of the California Department of Corrections and Rehabilitation to die after testing positive for coronavirus. Mendoza was 53 years old, and had worked for the CDCR for 24 years. More than 300 state corrections employees have tested positive for COVID-19, but most have recovered and returned to work. Also this weekend, the 10th state detainee to die as a result of coronavirus passed away at an outside hospital Officials did not disclose his name, but did reveal that he was held at the California Institution for Men at Chino, where all ten deaths have occurred and more than 450 people have tested positive. There are nearly 2,000 active cases in the state prison system.    

June 2

At the Parnall Correctional Facility near Jackson, Michigan, 92% of incarcerated people tested positive for COVID-19 antibodies. Given those results, Michigan Department of Corrections spokesman Chris Gautz said the rate of asymptomatic infection must have been “incredibly high.” As of Sunday, 191 people held at Parnall had tested positive for an active infection, and 10 incarcerated people had died. The prison also has the highest number of confirmed cases among employees, at 76. Antibody test results were made available for three other facilities: 66% of people at the Macomb Correctional Facility in Lenox Township tested positive, as did 35% at the Detroit Recovery Center and 12% at the G. Robert Cotton Correctional Facility in Jackson.

The Fulton County Jail in Atlanta, Georgia installed new thermal imaging cameras at the front and back entrances of the main jail and the South Jail Annex in Union City. They will be used in place of touchless thermometers that required closer contact for forehead scanners, and allow for safer temperature checks for incarcerated people, law enforcement officers, employees, and other visitors. Officials plan to install additional cameras in other high traffic areas within the two jails.

In Cook County, Illinois, more than twice as many people have died or are suspected of dying of an opioid overdose in the first five months of this year than in the first five months of 2019. Increased opioid-related deaths have also been seen in Milwaukee, Memphis, Virginia, and western New York. “The stress of unemployment, isolation, and general uncertainty are all risk factors for a return to substance use or an escalation of existing patterns of use,” said Dani Kirby, director of the division of substance use prevention and recovery for the Illinois Department of Human Services. “There is additional concern that, due to the risk of exposure to COVID-19, people may be more reluctant to call 911 or go to a hospital when an overdose occurs.” Kirby also noted that pandemic protocols had limited access to treatment and recovery services and harm reduction supplies. 

Starting this month, some court activities will resume in Allegheny County, Pennsylvania, but jury trials will remain suspended through the end of August. State rules require that a trial commence no more than one year after charges are filed, unless the defendant asks for more time or in case of an emergency, but it is unclear how long an emergency declaration can be extended without becoming an unconstitutional violation of the right to a speedy trial. “At some point, there will be enough delay in some individual cases, that an appeals court might say ‘Well, despite all the difficulties of the situation and the local courts doing everything they could, the delay was just too long,’” said University of Pittsburgh law professor David Harris. “But we don’t know where that line Is because we’ve never faced anything like this [pandemic].”

The first person with a confirmed case of COVID-19 at the Utah State Prison is in stable condition and being held in isolation, according to the Department of Corrections. The young man was tested shortly after being transferred from a county jail and was still in a quarantine group when his infection was detected. Ten people at the Bonneville Community Correctional Center and four employees of the Department of Corrections have also tested positive. The Department of Corrections resumed some transfers from county jails and Adult Probation and Parole on May 20, with the requirements that newly admitted people bet tested within 24-48 hours, or be placed in quarantine for two weeks if they decline to be tested.

North Carolina’s Mecklenburg County Courthouse saw an average of 70,000 visitors each month before the COVID-19 pandemic, and officials are taking steps to restore public access while limiting crowds. Instead of a morning calendar call for a full docket, each case will be block scheduled or given a specific time slot. Six-foot intervals are marked on benches and floors, courtrooms that normally held more than 100 people will have a limit of 24 at a time, and plexiglass barriers will be placed on the bench and at counsel tables. Officials have not yet determined the logistics for resuming jury trials, which are suspended until August.

 June 1

On Friday, the North Carolina Department of Public Safety began testing all incarcerated people at the Caswell Correctional Center. The move came after the state revealed that Barbara Stewart, a nurse at Caswell, had died of COVID-19 on May 7. Caswell County Health Director Jennifer Eastwood offered to conduct on-site testing for all people who live or work at the prison in mid-April, but corrections officials chose to provide optional off-site testing for staff a few weeks later. The NCDPS also sent a survey to other state agencies asking if law enforcement officers would be willing to work at state prisons in the event of a staff shortage. “Contingency planning involves looking ahead to future possibilities, including best case, probable and worst-case scenarios, and this survey was part of the planning process,” said NCDPS spokesman Keith Acree. 

Officials in Spokane County, Washington are considering a plan to use CARES Act funds to pay for temporary jail buildings. The expansion was under consideration before the pandemic, but officials said the extra space would allow for increased social distancing to prevent the spread of COVID-19. “It would give us that flexibility and level of safety,” said Commissioner Josh Kerns. “We’ve seen a lot of different facilities across the country in jails and prisons where there was outbreaks in the jail system, and we don’t want to see that in Spokane.” The downtown jail and Geiger Corrections Center normally held between 900 and 1,000 people, but the population has dropped to just over 600 during the pandemic.

More than 1,200 employees of the Arizona Department of Corrections, Rehabilitation, and Reentry were tested for COVID-19 last week. As part of an expanded statewide testing plan, nasal swab tests were administered in a temporary drive-through clinic at the Arizona State Prison Complex in Yuma. Officials are also prioritizing corrections officers for serology, or coronavirus antibody, tests. Prior to this round of testing, 82 ADCRR staff self-reported positive results. Just 1,100 of Arizona’s more than 40,000 incarcerated people have been tested, 180 had confirmed cases, and at least three have died.  

“It’s starting to get better, but in the beginning when this was going on it was really, really, really hard for people,” said Tim Leigh, reentry program manager for the Idaho Department of Corrections, on the challenges faced by returning citizens during the COVID-19 pandemic. Government offices offering driver’s licenses or benefits applications were closed, as were some food banks and thrift shops. Many people leaving prisons were also not eligible to receive stimulus checks or unemployment insurance. The IDOC’s One-Stop Reentry Center connects returning citizens with employment, housing, food stamps, medical care, and counseling services, and provides some basic supplies, like clothing, hygiene products, and food, but has just one location in Boise.    

COVID-19 cases in Tuscaloosa County have more than doubled in the past two weeks, and the county is facing outbreaks at a state-run psychiatric facility and the county jail. Among Alabama’s largest counties, Tuscaloosa County has the fourth highest caseload, and the highest rate of infection spread. The Mary Stark Harper Geriatric Psychiatry Center reported 17 confirmed cases among patients and 11 among staff. Two patients have died. At the Tuscaloosa County Jail, 21 incarcerated people and one staff person tested positive as of Thursday. Newly admitted people are now held in a 21-day quarantine in an evaluation dorm. 

The state mental hospital in Pueblo, Colorado reduced inpatient admissions from 71 to 10 in April, contributing to a backlog of more than 500 people on a waiting list for mental health competency evaluations as of mid-May. The Office of Behavioral Health had faced annual fines of $10 million as part of a legal judgment that the state has taken too long to conduct competency evaluations and provide treatment to those deemed incompetent to stand trial. Before the pandemic, officials worked to reduce the waiting periods, and to reduce the fines to an anticipated $2.5 million this year. “It really threw off the progress we were making, unfortunately,” said OBH director Robert Werthwein. “And it’s really unfortunate for the folk that were waiting in jail.” Nearly 20% of those on the waiting list are in jail, either pending an evaluation or detained on new arrest warrants. 

The Mississippi Department of Corrections will resume transfers from county jails to state prisons, and between prisons, in mid-June. Transfers will be done in a “limited, controlled and safe manner,” according to the DOC, and individuals will be quarantined for at least 14 days. The release mentioned the South Mississippi Correctional Institution, the Central Mississippi Correctional Facility and the Tallahatchie County Correctional Facility, but did not include the Mississippi State Penitentiary at Parchman. As of Friday, 17 employees and 28 incarcerated people have tested positive for COVID-19.

May 29

Faced with projected budget cuts of at least 14%, the Georgia Department of Corrections plans to close 8-12 accountability courts, which were created to reduce recidivism and provide mental health and treatment services. Nearly 1,900 participants could be forced to return to local jails or prisons to complete their sentences. The closures are expected to save $4.3 million; meanwhile, the program is estimated to have saved the state $38.2 million in fiscal 2017 alone. Other public safety agencies are also facing significant cuts—the Department of Juvenile Justice plans to lay off 175 part-time staff, including 172 mental-health workers; the Georgia Bureau of Investigation and the Department of Public Safety have cancelled new training classes of law enforcement personnel; and the GBI plans to furlough some employees for two days each month.  
 
Nearly 700 incarcerated people who are vulnerable to COVID-19 will be transferred from the California Institute for Men in Chino to facilities without COVID-19 outbreaks. Each of the 691 men has tested negative for coronavirus. The transfer was announced by Attorney General Xavier Becerra, and The Prison Law Office, which represented the incarcerated people. At Chino, 450 people have active cases of COVID-19, another 167 have recovered, and 9 have died. Statewide, 912 people in prisons have active infections, and 283 have recovered.
 
The sheriff’s office in Henry County, Virginia received $48,233 from the Department of Justice’s Coronavirus Emergency Supplemental Funding Program to be spent on limiting the spread of COVID-19. They plan to spend $12,000 of that grant, along with $10,000 provided by The Harvest Foundation, to purchase a disinfecting fogger, which uses hydrogen peroxide to sanitize enclosed spaces. Another $19,170 is budgeted for equipment to seal clothing and personal items from newly admitted jail residents, and $6,000 will be spent on video conferencing technology at the sheriff’s office and jail. Personal protective equipment purchases, including N-95 masks, face shields, and gowns, will account for the remaining $11,000.
 
In February, Middlesex County Sheriff Peter Koutoujian began consulting with Tufts Medical Center infectious disease specialist Dr. Alysse Wurcel on preventing and managing infection. “Every move that we’ve made is a medically-driven decision that we then operationalize,” said Koutoujian. “It’s been a really good, healthy relationship because she’s really understanding the security issues up here.” Wurcel previously worked with Middlesex County on issues related to HIV and hepatitis. Screening protocols were put in place on March 4, and in-person visits were suspended on March 13, though incarcerated people were offered four free phone calls per week. Since early March, the jail population has decreased by 27%, going from 788 to 578, but has also dealt with more than 500 new admissions during that time period.
 
Jail staff in Belmont County, Ohio will receive $225 in hazard pay, approved this week by Belmont County Common Pleas Judges Frank Fregiato and John Vavra. The judges received special permission to redistribute $10,800 in excess grant funds, saying it was better to get tangible payment for your efforts than just to be thanked. Sheriff Dave Lucas credited the hard work of jail staff in preventing an outbreak—there have been no confirmed cases of COVID-19 inside the county jail. “They’ve all worked hard,” said Lucas, “cleaning and sanitizing and following all the guidelines.” 

At the Diersen Charities halfway house in Albuquerque, 27 residents have tested positive for COVID-19. The facility holds people who have recently left federal prisons or who are on federal probation. Diersen residents share toilets, sinks, and showers, and sleep in metal-frame bunk beds placed just a few feet apart. In an email, Ron Travers, deputy chief of the U.S. probation office for New Mexico said everyone who tested positive had been or would be moved to a quarantine hotel. Despite the outbreak, the facility was not included on the New Mexico Department of Health’s list of congregate living or acute care facilities that have had at least one case.

May 28

There have been no confirmed COVID-19 cases among people held at the Racine County Jail, and the one jail employee who was infected has recovered. Sheriff Christopher Schmaling suspended arrests for nonviolent offenses on March 13, helping to reduce the jail population to a 25-year low. “I think the sheriff was proactive right away with how he had the intake policies right away with the jail,” said County Executive Jonathan Delagrave. “it’s really a kudos to him.” Jail employees and first responders are consistently tested, but incarcerated people are only tested if they are symptomatic or have been in contact with someone who has been infected. The jail is also using a new ultraviolet light disinfection robot to prevent the spread of infection.
 
California’s North Kern and Wasco state prisons will begin accepting transfers from Los Angeles, San Bernardino, San Diego, and Fresno counties. Together, those four counties are holding 1,261 people awaiting transfer to state facilities. All new admissions will be offered testing, and those who refuse testing will be quarantined for two weeks. As of Sunday, 669 incarcerated people and 88 employees have confirmed cases of COVID-19. Nine incarcerated people have died; all were held at the California Institution for Men in Chino.  
 
Missouri started testing all incarcerated people and staff at adult prisons on Tuesday, with the assistance of the Missouri National Guard. Officials also announced plans to start testing all new admissions, including those who do not display symptoms of coronavirus. “This pandemic has repeatedly caused us to say ‘We don’t know what we don’t know.’ But the only way to know for sure is to do testing,” said Department of Corrections Director Anne Precythe. Testing for those who live or work at the Southeast Correctional Center in Charleston and the South Central Correctional Center in Licking started Tuesday and is expected to take four days. Testing at the Algoa Correctional Center in Jefferson and the Chillicothe Correctional Center will begin on May 31.
 
More than 50 corrections staff in Alabama have confirmed cases of COVID-19, and the Department of Corrections has confirmed just one active case among incarcerated people. Eight other residents tested positive but have recovered. As of May 22, only 143 incarcerated people had been tested, out of a state prison population of nearly 22,000. The ADOC is working on plans to resume operations, including visitation and volunteer entry, but has not yet released a timeline. 
 
Cuyahoga County administrators proposed spending up to $30 million in CARES Act funding to reconfigure county buildings to allow for public health precautions and better social distancing. County buildings have been closed to the public since March, but some public access to the Justice Center will resume Monday. Courtrooms, jail and juvenile detention facilities, office areas, security checkpoints, elevators, and walk-up windows may all need to be redesigned. Public Works Director Michael Dever said the money could also be used to upgrade technology and improve building security.

At West Virginia’s Huttonsville Correctional Center, at least 83 people have tested positive for COVID-19, and 601 tests are still pending. West Virginia Governor Jim Justice said the initial plan was to limit testing to residents and staff who had been in contact with a person known to be infected, but he’d insisted on testing everyone. “At the end of the day,” said Justice, “it will protect these people because, as I’ve said over and over, they deserve to be protected just as much as I deserve or all the rest of us deserves.” 

May 27

Despite the deaths of at least four people held at the Federal Medical Center in Lexington, officials are not conducting broad testing, and there is no oversight over employee testing. The Lexington-Fayette Health Department distributed 400 self-testing kits to employees, but only 165 have been returned. “… I can’t give you numbers. I don’t know who has been tested and who hasn’t, and I don’t think anyone does,” said Robin Goode, an FMC corrections officer and president of the local officers’ union. After an outbreak at the Green River Correctional Complex, a state prison in Muhlenberg County, the Kentucky Corrections Department conducted universal testing, and many of the confirmed cases were among staff and incarcerated people who were asymptomatic.  

North Dakota’s prison population dropped from 1,794 in December to 1,461 in late April or early May, a reduction of 19%.Officials acted in March, before COVID-19 had made a significant impact in the state—contact visitations were suspended, admissions to state facilities were paused and then received individualized evaluations, and the Parole Board released more than 100 people in the first weeks of the pandemic. Populations also dropped in nearby states, with 7% fewer people held in Minnesota and 6% fewer in South Dakota. Nationwide, prison populations have only dropped by 5%, according to analysis from the Prison Policy Initiative. 

Virginia’s judicial emergency order is set to expire on June 7, and officials are facing a mounting backlog. More than 670,000 cases had been continued as of May 1, and an average of 97,000 cases are added each week. In Chesterfield County, courts reopened for nonessential matters on May 18, but jury trials are still on hold. Sheriff’s deputies conduct COVID-19 exposure screening and temperature checks before people are allowed into the court complex, and galleries are limited to 20-23% of capacity. Masks are not required to be in the courthouse, but people without masks are not permitted to wait inside courtrooms. People incarcerated at the Chesterfield County Jail have a separate holding facility at the courthouse to prevent exposure to coronavirus. The jail has had no confirmed COVID-19 cases as of Tuesday. 

Idaho Governor Brad Little designated residents and staff at jails and prisons as the second highest priority in a new tiered system of testing. Tier 1 is limited to health care workers, first responders, hospitalized patients, residents of long-term care facilities, and people connected to cluster investigations. Idaho has not reported any cases of COVID-19 among people in state prisons. Forty seven people held in Idaho prisons have been tested, all came back negative. Ten state detainees held in Texas have been tested, eight came back negative and two are pending results. 

Only 1.8% of federal prisoners have been transferred to home confinement, despite the Bureau of Prisons’ public announcements that people who do not threaten public safety and are at heightened risk of infection would be prioritized for release. The Bureau of Prisons quietly adopted changes to a risk assessment tool that made it more difficult for incarcerated people to be classified as minimum risk, and did not disclose the new methodology, though a public release is required by the First Step Act. Roughly 20% of people in federal prisons would have fallen into the minimum risk category under the previously published rules. “We’ve received a steady stream of questions from clients about their scores,” said David Patton, chief federal public defender for the New York City area, “and we have no answers, because BOP doesn’t give us any.” 

Wyoming Governor Mark Gordon told legislators and agency heads to expect budget cuts of up to 30%. The Legislative Services Office estimated that the general fund could be reduced by $600 million per year, with a worst-case-scenario of a $2.8 billion loss in the next two years. Senate President Drew Perkins said a budget cut of $600 million would be akin to cutting the entire payroll of the state government. “There’s no way to hide it,” said Representative Albert Sommers, a member of the House Appropriations Committee. “That’s like we get rid of all the mental health services in every county and that’s just a start.” 

 May 26

The Pennsylvania Department of Corrections is slated to start a “demobilization” process on May 26, coinciding with the state’s color-coded reopening plan. The reopening status of each prison’s home county will be a factor, along with any new cases of COVID-19 among people living or working in the prisons. Since mid-March, 231 incarcerated people and 166 employees have tested positive. Eleven of the state’s prisons will move to Level 4 on Tuesday, allowing up to 16 people to be out of their cells at a time. Secretary of Corrections John Wetzel said the suspension of in-person visits will not be lifted until the entire state is classified as green in the reopening plan. “It’s gonna be a long path back to normal,” said Wetzel, “but we need to start getting back to normal.”

The Oregon State Penitentiary is the source of the largest COVID-19 outbreak in the state, affecting 115 incarcerated people and 26 employees as of Friday. Four people have been hospitalized and one died last week, the first incarcerated person in the state to die as a result of coronavirus. Dr. Christopher DiGiulio, chief of medicine for the Corrections Department, said the design of the prison was one of the most challenging aspects in managing the outbreak. “The building is over 100 years old,” said DiGiulio. “It was not designed for social distancing. It was probably designed before germ theory was established.” Only 15% of people incarcerated at OSP have been tested for COVID-19, and the state does not have data on testing among employees. The outbreak has also been obscured in ZIP code data released by the state. The prison outbreak is not included in the ZIP code for its physical location, and the mailing code associated with the prison is not included in COVID-19 infection data. 

Texas Governor Greg Abbott suspended in-person visitation to county and municipal jails on Friday, with exceptions for attorneys and religious leaders. Abbott encouraged jails to use virtual visitation strategies to replace in-person visits. Data from the Texas Commission on Jail Standards showed 464 incarcerated people with active, confirmed COVID-19 cases, and 1,434 pending test results. Five people held in Texas jails have died. Among jail employees, 197 have active, confirmed cases and 114 are isolated pending test results. The TCJS data does not include people who have recovered or been released from jails.

Mary Ellen Barbera, Chief Judge of the Maryland Court of Appeals, announced plans for the phased re-opening of the state’s courts, with the second phase starting June 5. During Phase 2, courts will remain closed to the public except for those who are necessary for the matters being addressed. Barbera encouraged the continued use of video- and teleconferencing for remote proceedings. Phase 3 is scheduled to begin July 20, with courts fully open to the public. At that point, people will still be required to wear a mask, practice social distancing, and be subject to temperature checks and coronavirus screening questions. Administrators may also limit the number of people allowed in a courthouse or courtroom. 

Only three COVID-19 tests have been administered to the nearly 230 young people in West Virginia’s juvenile detention centers. Department of Military Affairs and Public Safety spokesman Lawrence Messina said broader testing was not conducted because the children were not exhibiting symptoms of coronavirus. In an April 28 news conference, Governor Jim Justice said testing would be prioritized for congregate populations, but his general counsel, Brian Abraham, said they would not “single out our jail facilities” while tests remained limited.

 May 22

Prattville, Alabama is conducting ‘Picnic Court’ sessions on the lawn of the Autauga County Courthouse. In these virtual hearings, people talk into a screen under a canopy on the shady side of the courthouse while judges preside from courtrooms inside the building. This week’s session was child support court; the first session was held two weeks ago for traffic court. In Autauga, Chilton, and Elmore counties, courts will reopen on May 26, but jury trials remain suspended until September 14. “It’s difficult because victims and their families have been waiting for justice,” said Chief Assistant District Attorney C.J. Robinson. “And defendants have been waiting as well, wanting the opportunity to clear their names.”  

U.S. District Court Judge Linda Parker ordered the Oakland County Jail to provide a list of all medically vulnerable incarcerated people, and recognized a jail class of present and future detainees. Parker also gave the jail three business days to provide a detailed plan to expand testing and prioritize people who are at elevated risk of infection. To the extent possible, the jail must suspend the use of multi-person cells and reconfigure dormitory-style housing to allow for six feet between beds. The jail is also ordered to provide masks for all residents and staff, and waive co-pays for medical care. The order will remain in place for 45 days.

Active coronavirus infections in Vermont prisons have dropped from 48 to five over the past 40 days. The Vermont Department of Corrections tested all people incarcerated in facilities with at least one case, and have announced plans to test the remaining facilities. Officials moved incarcerated people who tested positive into an isolated wing of a prison, and quarantined staff in a hotel to prevent community spread. “These are exactly the kind of things we’re recommending,” said Liesl Hagen, an epidemiologist with the Centers for Disease Control and Prevention, who leads a task force developing guidance for handling COVID-19 in correctional settings.

More than 1,300 people were released from Philadelphia jails in the past six weeks, but the pace of releases have slowed, and advocates expect the downward trend to continue. Only 102 people were released last week. “We have pretty much done all of those cases where we could just look at the specific charge and put them on a list for release,” said Chief Defender Keir Bradford-Grey. The city announced this week that all incarcerated people would be tested for COVID-19, including those who do not display symptoms. Nearly 200 county jail detainees have tested positive, and one person has died. Mass testing will also be conducted at the Juvenile Justice Services Center in West Philadelphia, where two young people have tested positive.  

Nearly 1,200 people in Florida prisons have tested positive for COVID-19, with 72 new cases reported Wednesday. More than half of those new cases were found at the South Bay Correctional Facility, a prison operated by Geo Group that has 106 confirmed cases. Corrections and health officials have conducted 9,690 tests on incarcerated people, and Governor Ron DeSantis said the DOC would continue to expand testing. Statewide, 241 corrections workers have tested positive, with two new cases confirmed Wednesday.

After the first COVID-19 case was confirmed at the Maine Correctional Center in Windham, the Department of Corrections announced that all 700 incarcerated people and staff would be tested. The first batch of 148 test results, for 64 staff and 84 residents, all came back negative. Corrections Commissioner Randall Liberty said mass testing was “fiscally unsound” and would not be conducted at the state’s five other correctional facilities. Twenty-two state legislators, the NAACP, ACLU, and two corrections employee unions have asked Governor Janet Mills and Commissioner Liberty to conduct broader testing. “Now is the time to test all workers and all those incarcerated to slow the spread and protect all workers,” said Jeff McCabe, of the Maine Service Employees Association. “We can no longer wait.”

 May 21

U.S. District Judge James Gwin ordered the Federal Bureau of Prisons to do more to identify, transfer, or release incarcerated people at Federal Correctional Institution Elkton who are at increased risk from COVID-19. More than 800 people held at Elkton are considered medically vulnerable, but as of May 8, only five had been approved for home confinement. “By thumbing their nose at their authority to authorize home confinement,” Gwin wrote “Respondents threaten staff and they threaten low security inmates.” He directed the BOP to disregard some low-level or moderate offenses committed while in prison, and to eliminate the requirement that a person have served a certain length of time before becoming eligible. Gwin also required reports every other day explaining why individuals are denied compassionate release, furlough, or transfer. Nine people held at Elkton have died as a result of COVID-19, and another 111 have tested positive.   
 
The West Virginia State Police Academy will conduct training for state police cadets and city or county officers online through Microsoft Teams. Officers previously traveled to the headquarters in Kanawha County to complete a 16- or 25-week training program. “It’s still interactive, said Captain David Lee, Director of Training. “It’s not as good as face to face, but it definitely works.” In addition to classroom sessions, physical training programs were redesigned to allow participants to complete tasks at home without equipment. 
 
“We were not equipped to deal with this pandemic,” said Comanche County Facilities Authority chair Johnny Owens, after reports that more than 100 incarcerated people and 16 staff members at the county jail tested positive for COVID-19. Owens said they reached out to the state for help, and received “an incredible response.” Oklahoma Department of Corrections dispatched nearly a dozen staff to help improve sanitation efforts and stabilize the jail, and may house Comanche County detainees who have tested negative in a state prison. Only two of the nearly 24,000 people in Oklahoma state prisons have tested positive for coronavirus, though the ODOC stopped allowing transfers from county facilities in mid-March. Seven people were held in Comanche County waiting on ODOC intake; two of them have tested positive.
 
In at least 35 states, public health officials have shared the addresses of those who tested positive for COVID-19 with emergency dispatch centers. In ten states—Colorado, Iowa, Louisiana, Nevada, New Hampshire, New Jersey, North Dakota, Ohio, South Dakota, and Tennessee—health agencies also share their names. In Tennessee, the data is purged from the dispatch database within a month, or once a patient is no longer monitored by the health department. In Franklin County, Ohio, more than 900 people classified as confirmed or probable cases were added to the database, but were removed after spending 14 days in isolation.

Rhode Island courts are closed to routine business through June 1, and civil and criminal jury trials have been postponed through August 1. To help alleviate the growing backlog of cases, District Court judges are working with the attorney general and public defender’s offices, the Rhode Island Association of Criminal Defense Lawyers, the Association of Town Solicitors, and police prosecutors to identify cases that can be handled remotely. Stakeholders are still working on process and logistics of resuming more complicated cases.“The court will continue to contemplate the resumption of jury trials and the issues posed by remote testimony and introduction of evidence, but there is no timetable for that,” according to court spokesman Craig Berke. 

May 20

Unless there is an extension on their orders, more than 40,000 National Guard members who were activated to help states deal with the COVID-19 crisis will face a hard stop on their deployments on June 24, and many will enter quarantine on June 10. Members of the National Guard have been deployed to assist with testing at work release facilities in Wisconsin and a county jail in Georgia; screen and incarcerated people in South Carolina prisons; monitor the perimeter at Indiana’s Westville Correctional Facility; and staff infirmaries at the Lansing Correctional Facility in Kansas and Ohio’s Federal Correctional Institution-Elkton and Marion Correctional Institution. 

The ‘F-House’ at Illinois’ Stateville Correctional Center was closed in 2016, but was reopened May 5 to hold people who have tested positive for or been exposed to COVID-19. The building was plagued by cockroaches, mold, leaks, and bad plumbing, and was the last panopticon-style prison building to close in the country. “When they shut F-House down, it’s not like they went in and improved it or cleaned it all up,” said Jenny Vollen-Katz, executive director of the John Howard Association. “One of the reasons it was shut down was because the conditions inside the roundhouse were so terrible and inhumane.” The building also lacks wireless internet, so incarcerated people cannot communicate with family or friends by email. As of Monday, 150 incarcerated people and 75 staff at Stateville have confirmed cases of coronavirus, and 12 incarcerated people have died.

Eleven staff members at Alaska’s Lemon Creek Correctional Center have tested positive for COVID-19. After the ninth and tenth cases were confirmed on May 11, the state epidemiology team recommended testing all staff and incarcerated people at Lemon Creek. Investigators also used prison surveillance footage to identify contact points for staff members with previously confirmed cases. “Since February, DOC has been altering operations and implementing new policies to keep those who live and work in our institutions healthy,” said Department of Corrections spokesperson Sarah Gallagher. Two incarcerated people have tested positive—one at the Anchorage Correctional Complex this week, and one at Wasilla’s Goose Creek Correctional Center in late April.

 Almost a month after the D.C. Department of Corrections was ordered to do more to increase safety precautions inside the city’s jails, the number of known cases has increased to 180, and the risk of infection for incarcerated people is more than 13 times higher than for D.C. as a whole. Two court-appointed observers reported that cleaning supplies are not consistently available, and sanitation remains “clearly especially deficient.” Citing the severe risk to the health and safety of jail residents and the  “deliberate indifference to that risk” shown by the D.C. Department of Corrections, the ACLU asked Judge Colleen Kollar-Kotelly to appoint an expert to make recommendations on the number of people who would need to be released to allow for CDC-compliant housing. 

COVID-19 testing has resumed at the federal prison in Oakdale, Louisiana, nearly seven weeks after officials stopped testing. In an email, Bureau of Prisons spokesperson Justin Long said the testing was “key in mitigating the spread of COVID-19.” Long predicted an increase in positive cases, but said the majority of people with coronavirus have mid symptoms or are asymptomatic. As of Tuesday, eight people incarcerated at Oakdale have died as a result of COVID-19.

Bernard Atta was the second nurse, and the third employee, from the Ohio Department of Rehabilitation and Correction to die as a result of COVID-19. Atta was 61, and had worked at the Correctional Reception Center in Orient for seven years. “As we mourn this loss,” the ODRC wrote on its Facebook page, “we recognize the sacrifices that are being made by our front line staff in the midst of this pandemic.” In Washington, Berisford Anthony Morse died Sunday; he was the first state correctional officer to die from complications of COVID-19. Morse joined the Department of Corrections 17 years ago, and worked at the Monroe Correctional Complex, where nine employees and 18 incarcerated people have tested positive for coronavirus. DOC officials said his death will be treated as a line-of-duty fatality.

May 19

People who owe fines, fees, or community service hours in the Salt Lake City Justice Court can fulfill their obligation by volunteering with select organizations fighting COVID-19, or donating to the Salt Lake Education Foundation’s Emergency Relief Fund or Shelter the Homeless. “We’re trying to keep courts moving along and get donations to resources that need them the most,” said Judge Clemens Landau, who created the initiative. “We figured this was the best way to meet those needs.” Landau estimated that fewer than 20 people had taken advantage of the opportunity thus far.  

The Wisconsin Court COVID-19 Task Force has released a report on the safe resumption of in-person proceedings, including jury trials. Their recommendations were informed by county judges, medical consultants from UW Health, circuit court clerks, county corporation counsels, district attorneys, public defenders, and county sheriffs, and are intended to complement federal and state-level guidance. The task force provided a template for circuit court operating plans with 50 elements to be completed or adapted, from judge and court staff health, to accommodations for vulnerable populations, to juror attendance and safe participation.

In mid-March, the Dona Ana County Detention Center in Las Cruces, New Mexico, held 354 state detainees and 260 federal detainees. As of last week, those numbers had declined by 46%, to 190 state detainees and 140 federal detainees. One of the first steps to reduce the population was a cooperative effort between courts and the detention center to identify people accused of non-violent offenses who did not pose a flight risk and were held because they were unable to post bond. Incarcerated people with increased vulnerability to COVID-19 were also considered for release, and law enforcement issued more citations in lieu of arrest for non-violent offenses. So far, there are no known cases of coronavirus at the detention center. Statewide, the Corrections Department announced that of the 3,954 tests conducted over the past week, only one—a correctional officer at a for-profit prison in Otero County—came back positive.

The Los Angeles Police Department has requested a rapid testing system capable of delivering results within 15 minutes. Police Chief Michel Moore said the real-time information would allow the department to better identify and isolate sick people and alert incarcerated people and officers to potential exposure. More than 100 LAPD officers and staff have tested positive for COVID-19, and as of last week, 125 employees were in self-isolation due to illness or exposure. For the New York Police Department, self-isolation levels were down to pre-pandemic levels, at just 3.2% on Friday. The NYPD was hit particularly hard by coronavirus—5,552 members tested positive, and 42 died. During the peak of the crisis, nearly 20% of officers were out sick.

New York state courts have resumed preliminary hearings for people jailed on felony charges. “We had expressed our growing concern about the number of individuals who had been arrested for serious crimes and are being held in jail without a review of the charges pending against them by a court or a grand jury,” said Chief Judge Janet DiFiore. Judges, staff, prosecutors, defense attorneys, defendants, and witnesses can appear electronically, and measures are available to protect the confidentiality of participants when needed. Virtual hearings began in the 4th Judicial District last week, covering most of the Upper Hudson Valley. “I’ve been taking part in these virtual hearings and they work,” said Albany defense lawyer Lee Kindlon. “They’re not perfect, but they work.”

In Louisiana, the 16th Judicial District Attorney’s Office will reduce staff by 38% until revenue increases, furloughing 45 employees. The office, which covers Vermilion, St. Mary, and St. Martin parishes, takes in a significant share of its funding from court costs, fines and fees, and traffic citations. District Attorney Bo Duhe said he hoped this crisis would lead to a more stable funding structure for the criminal justice system. “We simply cannot allow these events to deliver such a debilitating fiscal blow to the proper functioning of the public safety network,” said Duhe.

Four courtrooms in San Diego’s Central Courthouse began livestreaming hearings last week, and branches in Vista, Chula Vista, and El Cajon are expected to start streaming criminal arraignments this week. Only the judge is physically present—attorneys teleconference in from their offices, and the defendant participates via video link from the jail. Priority is given to cases where the defendant is in custody. Most court services will resume May 26, but officials will still limit the number of people coming into the courthouse. “These hearings are traditionally open to the public, but since we are not allowing the public into our court facilities for non-emergency needs at this time, we wanted to provide a way to maintain public services,” said court spokeswoman Emily Cox.

 May 18

The Florida Department of Corrections suspended visitation on March 11, and said incarcerated people would have “access to their loved ones through mail, phone calls and video visitation.” In early April, FDC extended the hours of video visitation and said people would be provided with one free 15-minute call, which typically costs $2.95. But family members have struggled with connection and technology issues, and JPay, the private contractor who manages email and video systems for the FDC, does not provide refunds. “To me, it’s absurd considering the quality that you and I are used to, we jump on a Zoom call and there’s no problem,” said Denise Rock, executive director of Florida Cares. 

Denver’s two jails hold 1,000 people; in the past two months, officials have administered 1,641 tests. The Arapahoe County Detention Center holds 619 people, and has conducted only 6 tests. At least five of Colorado’s largest jails had administered fewer than 10 tests as of last week. Officials at those facilities say they are following guidelines from the Centers for Disease Control and Prevention, asking about symptoms and taking temperatures. Jail populations have dropped between 40 and 50% in most of the larger facilities, allowing for better social distancing, but University of Colorado School of Medicine infectious disease specialist Dr. Carlos Franco-Paredes said without testing, social distancing and symptom screenings are ineffective against COVID-19. “If you don’t do testing, you’re flying blind,” said Franco-Paredes. “You’re following guidelines that are insufficient.”

Between March 12 and April 30, more than 25% of bookings from the San Diego Sheriff’s Department were for people arrested on suspicion of committing minor and nonviolent offenses. Most of them were released without charges hours or days later. Of the more than 1,200 bookings—for offenses like public intoxication, disturbing the peace, petty theft, vandalism, evading trolley fare, and illegal lodging—nearly three in four were for a single offense and almost half were for public intoxication. Analysts also found a handful of people booked into custody for eating in a public transit system or failing to appear in court. A spokesman for the sheriff’s department said they were brought into custody “for their own safety and the safety of others” and emphasized that people were required to wear face coverings during intake, and are provided with wash basins and soap.  

“The process has definitely changed several times as this has been going on, and we’re adapting,” said Massachusetts public defender Jessica McArdle, of the struggle to provide adequate defense during the pandemic. Along with reduced court access, defense attorneys are facing new challenges, like bringing translators into telephonic court proceedings, and getting sheriff’s offices to set up video conferences for their incarcerated clients. Massachusetts courts are working on reopening procedures for non-emergency cases, but most expect social distancing restrictions to continue in jails and courtrooms. McArdle is also concerned with the reduced visibility of defendants and defense lawyers in remote proceedings. “It’s just totally dehumanizing, she said. “All the judges have is this image of somebody that they don’t know, in a bright orange jumpsuit, with a mask and a beanie on.”

There are 474 people held at the Daviess County Detention Center, down from an average of 730. Intake has declined from a daily average of 20 to 5 in the first week of May. A total of thirty people have bene released from the DCDC, 23 of whom were released by order of Governor Andy Beshear. “These guys were within six months of their eligibility date to be released,” said Jailer Art Maglinger. “They were all non-violent, non-sexual offenders.” The remaining seven were identified by the jail’s administrative nurse as medically vulnerable. Maglinger said the lower numbers have improved communication between staff and incarcerated people, along with overall morale. As of Saturday, there have been no cases of COVID-19 among people incarcerated at the DCDC—one staff member tested positive but returned to work on May 1 after recovering.

Emergency orders for trial courts in Indiana were extended through May 30, including those related to tolling of time limits; continuing jury trials; reviewing county jail and community correction sentences; and prohibiting new writs of attachment, civil bench warrants, or body attachments. The order from the Indiana Supreme Court also postponed the resumption of jury trials through July 1, leaving at least a three-month backlog of cases. In Montana’s Fourth Judicial District, which already had a crowded docket, judges and administrators are concerned about the building bottleneck. “The backlog is going to be staggering, and it’s going to be especially profound for rural districts,” said state court administrator Beth McLaughlin. “It will be years before we’re caught up.”

May 17

Politico: Congress nowhere close to a coronavirus deal as unemployment spikes

May 15

Salem Statesman Journal: Governor Brown, use your executive power to prevent more COVID-19 in Oregon prisons

The Crime Report: Justice Reformers Seek More Federal Aid in COVID-19 Crisis

After an outbreak at an assisted living facility nearly overwhelmed the local hospital, officials in Toole County, Montana, are concerned about the potential for an outbreak in their local prison. The Crossroads Correctional Center, a 712-bed facility holding people serving state and federal sentences, accounts for almost 15% of the county’s total population. Toole County has no intensive care unit beds, and better-equipped hospitals are 80 or 160 miles away. “Any outbreak has the potential to overwhelm our medical resources,” wrote Toole County Health Department interim director Blair Tomsheck. A report from Data for Progress and the Justice Collaborative last month found that 12% of people held in jails nationwide, and 30% of people jailed in Montana, are in counties without intensive care unit beds.

Oregon Governor Kate Brown is expected to submit a budget that cuts $27 million from policing, resulting in as many as 200 positions being eliminated. Patrol offices would close in Albany, Hermiston, Prineville, La Pine, Grants Pass, Government Camp, Saint Helens, Tillamook, McMinnville, and at Oregon State University. Nearly 40 positions could be eliminated in headquarters support, IT, criminal justice information services, human resources, dispatch, and the office of professional standards. The latest revenue forecast is expected on May 20.

According to the Florida Department of Corrections, as of Wednesday morning, 843 incarcerated people have tested positive for coronavirus, and nine have died. Large outbreaks have been identified at nine state prisons, including the Liberty Correctional Institution, with 191 confirmed cases among incarcerated people; Tomoko Correctional Institution, with 132 cases; Hamilton Correctional Institution, with 112 cases; and Sumter Correctional Institution, with 101 cases. Governor Ron DeSantis said the prison outbreaks were a “discrete issue that is not really indicative of a community outbreak.” There are 208 confirmed cases among corrections employees, which DeSantis said was not as high as he expected. “In prisons it has been very small. One or two here, one or two there.”

Justice Action Network released a report informed by the Emergency Justice Task Force, which outlined the impact of the coronavirus pandemic on the justice system and what resources they need from Washington. The task force included prosecutors, law enforcement, public defenders, corrections officials, judges, and elected officials from 15 states. The report, based on small and large group discussions, recommends that the next COVID-19 relief package include measures that support state and local efforts to safely reduce prison and jail overcrowding; preserve and expand alternatives to incarceration, addiction and mental health treatment, and reentry programs; improve medical care, testing, and treatment; bolster access to technology for essential services and data collection to better prepare for future emergencies; and expand and encourage second chance workforce participation. More information about the report and the task force are available here.

A bipartisan, bicameral group of members of Congress wrote to Bureau of Prisons Director Michael Carvajal and US. Marshals Service Director Donald Washington to ask that federal prisoners be tested and confirmed negative for COVID-19 before they are transferred to BOP locations across the country. The BOP designated 11 federal prisons as quarantine locations for newly-admitted people received by from the Marshal’s Service. “These transfers without testing unnecessarily put inmates and both BOP and USMS staff at risk of exposure to COVID-19,” the letter says. “They also threaten local communities that surround the designated quarantine sites.” The letter was signed by Senators Dick Durbin, Chuck Grassley, Mike Braun, Tammy Duckworth, Joni Ernst, Dianne Feinstein, Todd Young, Kamala Harris, James Inhofe, Chuck Schumer, James Lankford, Kirstein Gillibrand, Robert Menendez, Cory Booker, and Joe Manchin; and Representatives Cheri Bustos, Larry Buschon, David McKinley, Bennie Thompson, Elise Stefanik, Kendra Horn, Jeff Van Drew, Al Green, Frank Lucas, Dave Loebsack, Mark Takano, J. Louis Correa, Bill Foster, Pete Aguilar, and Jamie Raskin.

Transfers from jails to the Ohio prison system have been suspended since April 15, but officials plan to resume male prison admissions on Monday. Ohio Department of Rehabilitation and Correction spokesperson JoEllen Smith said admissions would resume in a “gradual, controlled manner,” and would be limited to 50 people each day. More than 4,300 incarcerated people and 500 staff have tested positive for COVID-19, most at the Marion and Pickaway prisons. In Michigan, the Grand Traverse County Jail resumed admissions to state prisons on Wednesday. Transfers were suspended on March 29, and jails were required to meet safety protocols and undergo site inspections before resuming admissions.

 May 14

Orleans Parish District Attorney Leon Cannizzaro announced that 56 employees would be furloughed through at least August 2. Steep drops in bail fees, bond forfeitures, property seizures, and court conviction costs have contributed to a projected $700,000 budget shortfall for this calendar year. Nearly 30% of the office’s staff will be furloughed, including investigators and victim counselors, but not prosecutors, whose salaries are paid by the state. The prosecutors may face layoffs in the future—state lawmakers are anticipating significant budget cuts due to the economic slowdown and a crash in oil prices. 
 
Starting June 15, attorneys in Richmond County, Georgia, will be allowed to have face-to-face meetings with incarcerated clients in cases with bench trials. On July 6, that will be expanded to include all incarcerated clients. The Richmond County Sheriff’s Office worked with the Courthouses of the Augusta Judicial Circuit and the Charles B. Webster Detention Center to develop new visitation protocols to prevent the spread of coronavirus. Video visitation will resume Monday with additional protocols—visits must be scheduled in advance, are limited to one 30-minute session per week, and must abide by social distancing requirements. 
 
In Oregon, jury trials are continuing despite the coronavirus pandemic. State law gives a person in custody the right to a trial within 60 days of arrest. Judges can set over a trial date twice, but must start the trial or release the defendant at 180 days. “Peoples’ rights during a pandemic continue,” said Multnomah County Chief Criminal Judge Cheryl Albrecht. “So we’re able to modify our processes in order to be able to select a jury while maintaining the physical distancing requirements.” Multnomah County resumed jury selection earlier this month, with potential jurors wearing masks and spaced six feet apart.
 
George Escamilla was scheduled to be released from the federal prison in Oakdale, Louisiana on May 6. He died on May 8, becoming the eighth person held at Oakdale to die from coronavirus. Escamilla had served 12 years of a 16 year sentence for a drug offense; he was 67 years old and had lost both legs due to complications from diabetes. Despite his high risk factors and an apparent clearance for home confinement, Escamilla was kept in the open dorm at Oakdale until he developed respiratory failure on April 15. He was only tested for COVID-19 after he was taken to a local hospital. “My dad was a non-threat. He was a sick old man,” said Michael Escamilla. “So why didn’t he get released before?” 

People in medical isolation and quarantine units in prisons and jails throughout Connecticut are not given access to showers.The policy was in place since early April at Northern Correctional Institution’s COVID units, which housed people who had tested positive. A May 1 memo extended the practice to other facilities and expanded to isolation and quarantine. Senate Judiciary Committee Co-Chair Gary Winfield said he was concerned about the potential for extended quarantine periods under these conditions. “If they’re taking what amounts to a bird bath, that’s not the same as a full bathing,” said Winfield. “If for an extended period of time you cannot have access to full hygiene, it becomes problematic.”  

Officials in Fulton County, Georgia, have requested more than $20 million to create isolation spaces at the Rice Street jail for men and the Union City jail for women. The pre-fabricated units allow rooms to be sterilized between uses, and could be ready as early as September in case of a second wave of infection. “COVID presents a unique challenge to the jail,” said Alton Adams, Fulton County deputy chief operating officer in charge of public safety. “It’s not just an overcrowding issue, it’s a health issue and ultimately a life-and-death issue.” Money allotted to Fulton County from the federal CARES Act will pay for the isolation units and cover nearly $25 million in purchases of personal protective equipment and supplies.

May 13

After pressure from local and federal officials, the Federal Medical Center in Lexington, Kentucky, agreed to provide tests for all employees. Testing had been limited to residents who exhibited coronavirus-related symptoms, and employees had been left to request testing on their own. Mayor Linda Gorton raised concerns about a lack of communication and potential community spread, and Senators Mitch McConnell and Rand Paul said their offices had contacted federal officials to resolve the situation. Details about the testing plan are still being worked out. As of Tuesday, 142 incarcerated people and six employees at FMC Lexington had tested positive for COVID-19.

People who are newly admitted to the Jackson County jail in northeast Alabama are placed in a 14-day quarantine, during which time they do not have access to showers. Twice a day, they are issued towels, washcloths, soap packs, and shampoo packs, and have access to running water inside their cells. “They can take a bath,” said Chief Corrections Deputy Hal Nash, “they’re just not allowed to go to the shower area.” 

The Delaware Department of Corrections has seen a 10% drop in the number of people incarcerated since the onset of the pandemic. Fewer people are being arrested; courts have ordered the release of some people held on work release or who had been jailed for failure to pay child support; and the DOC is using alternatives to incarceration for people who violate the terms of their probation. Pretrial detention is also down 25%. Inside the state’s prisons, 70 correctional officers and 135 incarcerated people have been diagnosed with COVID-19. Three incarcerated people have died. 

All people held at the Lowndes County Jail in Valdosta, Georgia, are being offered testing for COVID-19. The testing is voluntary, and is being conducted by two teams from the Georgia Army National Guard. According to a statement from the sheriff’s office, special housing arrangements are available for people who choose not to be tested. As of Tuesday, there were no known cases of coronavirus among people held at the jail. One employee tested positive and was sent into self-quarantine more than two weeks ago.

U.S. District Court Judge Philip Brimmer ordered the Weld County Sheriff’s Office to take steps to identify and better isolate medically vulnerable people. Brimmer said the conditions of confinement violated the Eighth Amendment and entitled the plaintiffs to “a limited preliminary injunction to ameliorate those conditions.” The sheriff’s office was ordered to create a list of medically vulnerable people; develop policies to distance this group from others, including during intake; plan to acquire an adequate supply of masks so they are not used beyond their recommended length of time; and create a procedure to better clean housing areas for medically vulnerable people. Brimmer’s order was the first intervention from a Colorado judge into correctional facility procedures related to COVID-19.  

Widespread testing has begun in the Texas Department of Criminal Justice, using a new test that incarcerated people will administer themselves. More than 1,500 employees and incarcerated people have been tested under the new regimen as of Tuesday morning. The TDCJ also announced they would likely stop reporting the number of negative tests, which would obscure the infection rates among incarcerated people and employees. Of the 2,300 tests previously conducted on people held in state prisons, 74% were positive.

May 12

The Texas Department of Criminal Justice identified two corrections officers who have died after testing positive for COVID-19, bringing the total deaths among TDCJ employees, staff, and contractors to seven. Maria Mendez, who worked at the Wynne Unit in Huntsville, was 59 years old. Jesse Bolton, who worked at the Eastham Unit in Houston, was 62. Both had spent more than a decade with the TDCJ. “Even in these unprecedented times there are moments that are especially jarring,” said TDCJ Executive Director Bryan Collier. “Losing any employee is difficult but learning of two deaths in a single day is unthinkable.” As of Sunday, 582 TDCJ employees, staff, or contractors had confirmed cases of COVID-19; 82 had recovered. More than 1,400 incarcerated people have tested positive, 371 have recovered, and 27 have died. Another 17 deaths of incarcerated people are unclassified pending autopsy results.  

The Grand Forks County Correctional Center sent a request for proposals for additional security services in case of a coronavirus-related staffing shortage. As of Friday, no jail residents or staff had tested positive for COVID-19, and only one employee had used any sick days after exhibiting symptoms. According to GFCCC Administrator Bret Burkholder, supplemental staff would not be called in unless a large number of the current employees had to isolate or became ill. Burkholder said allowing staff to stay home if they weren’t feeling well was crucial in preventing an outbreak inside the jail. “When we’re talking about our general population, many of those people have been in here for many months, long before COVID-19 ever broke out,” said Burkholder. “So if they’re going to get sick, the way it’s probably going to get in here is going to be an asymptomatic staff member.” 

In St. Cloud, Minnesota, the Stearns County building is closed, but Community Corrections staff have continued with full operations during the pandemic. Addiction, anger management, and domestic violence services are offered via telehealth; weekly check-ins with judges are done remotely; and, while some drug testing is still done in person, officials have also used in-home breathalyzers or drug patches. Becky Bales Cramlet, Stearns County Community Corrections director, said the adaptations were made in collaboration with law enforcement, public defenders, judges, and other county officials, and that some changes may continue after the crisis subsides. 

All residents and staff at the Felmers O. Chaney and Marshall E Sherrer work release facilities in Milwaukee will be tested for COVID-19. The Wisconsin National Guard will be deployed to assist with testing. The two minimum-security prisons account for half of all confirmed cases among incarcerated people in the state prison system. People held at Chaney and Sherrer may have been at greater risk for infection because they live in dormitory-style housing, and because their work at an off-site commissary packaging facility was deemed essential and continued through late April. As of Friday afternoon, only 156 of the nearly 22,000 people in Department of Corrections custody had been tested. “This increase in testing may increase the number of confirmed positive cases within our agency, just as it does in the community,” the Department of Corrections said in a news release, “but will enable us to identify asymptomatic carriers, which is crucial to reducing spread.”

The Pennsylvania State Correctional Institution at Huntingdon has 110 confirmed cases of COVID-19 among incarcerated people, and 36 among employees. The prison holds 1,968 people, down 14 since last month. Department of Corrections Press Secretary Maria Finn noted that the design of the facility, which opened in 1889, may have contributed to the outbreak. SCI Huntingdon has multiple tiers of cells in each block, with open-bar cell doors and a ventilation system that is “challenging our management of the virus,” according to Finn. Statewide, there are 131 cases among corrections employees and 145 among incarcerated people. Three people have died; all were incarcerated at State Correctional Institution Phoenix in Montgomery County.

 May 11

In Arkansas, 300 people have been granted early release from state prisons, and additional releases are under review by the Parole Board. Governor Asa Hutchinson directed the Board of Corrections to consider early releases for people convicted of nonviolent, nonsexual crimes, and 1,244 incarcerated people were made eligible for parole consideration. Prior to being released, individuals must create a parole plan and finish outstanding program requirements in prison. As of Friday, nearly 900 incarcerated people and 60 staff members at the Cummins Unit have tested positive for coronavirus, and six incarcerated people have died.  
 
On April 22, North Carolina Treasurer Dale Folwell announced that all corrections officers and other employees in the state’s 56 correctional facilities would be tested for COVID-19 “over the next few weeks.” This week, citing logistical and personnel concerns, Folwell said mass testing would not move forward. Only one prison, the Neuse Correctional Institution, has tested everyone who lived or worked in the facility; more than half of incarcerated people at Neuse tested positive for COVID-19. According to a leaked email, officials are considering resuming transfers between facilities as early as May 17 despite the lack of testing. The practice was suspended in early April over concerns it might spread infection. “In an institutional setting, I don’t think there’s any question: you have to go in there are you have to test everybody,” said Ardis Watkins, head of the State Employees Association of North Carolina. “Until that’s done, no, there’s no way I think anyone is safe.”  
 
Efforts to release people from the Cook County Jail may be slowed by a shortage of electronic monitoring bracelets. Sheriff Tom Dart urged county officials to transfer people off of electronic monitoring after a certain period so bracelets could be used for currently incarcerated people, and a spokeswoman for Chief Judge Timothy Evans said judges could work with attorneys to identify people who could be safely removed from electronic monitoring. The jail population dropped from roughly 5,400 in late March to just over 4,000 this week, but Dart warned that higher crime rates during the summer may bring those population levels back up.   
 
Officials in Connecticut announced that all front-line staff and incarcerated people in state prisons and jails will be tested for COVID-19. Tests will also be provided for people in Department of Mental Health and Addiction Services psychiatric hospitals. As of May 5, 60 patients and 69 staff people at DMHAS facilities had confirmed cases of COVID-19. As of May 7, 484 incarcerated people and 361 Department of Corrections employees had tested positive for coronavirus. Six incarcerated people have died. “At the beginning, we were testing 20 people a day, then 60 people a day,” said Max Reiss, a spokesman for Governor Ned Lamont. “And now we have much better data but still, we’re falling way short because we know there are segments of the population, both in congregate facilities and out in the public, that aren’t getting tested.” Connecticut’s prison population has dropped by 1,385 since March 1, and is now at its lowest level since 1993.
 
One month after Governor Tom Wolf ordered the Pennsylvania Department of Corrections to establish a temporary reprieve program, only 139 people have been granted a reprieve. Sixty applications have been denied, and 56 others are under advisement. The program is open to people who were convicted of nonviolent offenses who would otherwise qualify for release within nine months, or within one year if they are medically vulnerable to COVID-19. When the program was announced, officials estimated 1,500 to 1,800 people would be eligible but fewer would end up being released. DOC facilities, including community corrections centers, have seen a total population reduction of more than 1,950 people since March 1, and a spokeswoman for Secretary of Corrections John Wetzel said he wants to continue reducing populations to provide space for social distancing.

The New Mexico Corrections Department announced it had tested 800 incarcerated people and 2,486 corrections staff for COVID-19. Aside from a few people on long-term leave, all corrections staff have been tested. Last week, Governor Michelle Lujan Grisham ordered testing for all staff and 25% of incarcerated people; that testing is expected to be completed by Monday. Corrections spokesman Eric Harrison said results were pending and would be disclosed when they come in. Four employees in three state prisons had previously tested positive. Only 14 incarcerated people had been tested; 12 were negative and two are pending. 

May 8

Vermont court officials have requested $10 million to allow the judicial branch to maintain essential services during the COVID-19 pandemic. All non-emergency proceedings have been on hold since March, and some of the funds would go toward bringing back retired judges to help clear the backlog of cases. The request included funding for new video systems and computers for remote work, redesigned work stations and plexiglass barriers to allow for social distancing, and additional leased courthouse space. “In order to meet our core constitutional obligations, while promoting public health and protecting the health of our workforce, the judiciary must make a host of short, medium, and long term changes during this calendar year,” court administrator Patricia Gabel wrote. The total request of $9,502,000 would come out of the $1.25 billion Vermont received from the federal CARES Act. 
 
At the Federal Medical Center in Lexington, Kentucky, at least 57 incarcerated people and three employees have tested positive for COVID-19. Lexington-Fayette County health officials said prison administrators have not responded to questions about testing or any steps being taken to stop the spread of infection.  “Communication with them has been sporadic, and sometimes it’s non-existent,” said health department spokesperson Kevin Hall. The county health department started an outreach program to help set up testing for people who work at or have visited FMC Lexington since April 20. Incarcerated people and their families have reported that people who have been tested positive are not being isolated, staff are not wearing protective gear, and residents are only given one face mask per week. “We are sitting ducks, hoping [the virus] doesn’t seep its way in here,” said Cynthia Ann Faulkner, who shares a room with 16 other women. “If it does, we wouldn’t even be able to tell our families or children goodbye. We would die in a faux quarantine in this building.” 
 
Mississippi Governor Tate Reeves said the state will not consider early releases for incarcerated people, saying other states were using “the excuse of a pandemic” to change sentencing structures. As of Wednesday, 43 Department of Corrections employees had been tested for COVID-19 and 7 tested positive. Thirty-seven incarcerated people have been tested and four tested positive. While broader testing in other states showed significant spread among people who were asymptomatic, Reeves said testing in Mississippi was only done on people who exhibited symptoms of coronavirus.
 
More than 70% of the known COVID-19 cases inside Oregon prisons are at the Shutter Creek Correctional Institution near Coos Bay. As of Tuesday, 25 incarcerated people and two staff members have tested positive; another 20 tests are pending. Most of the people held at the minimum-security prison are scheduled to be released within the next four years. The people who test positive will be moved to one of two medical isolation units set up by the Department of Corrections. One, at the Coffee Creek Correctional Facility in Wilsonville, is for people on the west side of the state, the other, at the Snake River Correctional Institution in Malheur County, is for people on the east side. Coffee Creek has 108 medical beds for men and 30 for women; Snake River has a total of 48 medical beds.
 
More than 5,000 state and federal correctional officers have contracted COVID-19, and at least 38 have died. “The pandemic has completely overrun the system,” said Shane Fausey, national president of the Council of Prison Locals, which represents more than 30,000 corrections officers around the country. He said officers are sometimes working 16-hour days to cover for understaffing, and shortages were particularly acute in medical positions that were already stretched thin before the crisis. Fausey also said the number of cases among federal corrections workers was likely higher than reported because testing is limited. The Bureau of Prisons was unable to provide the number of correctional officers who have been tested, and said they were “typically tested in the community.”
 
Only 89 of the 22,000 people held by the Alabama Department of Corrections have been tested for COVID-19, a testing rate of .4%. Sixteen employees of the Department of Corrections have self-reported positive tests. Officials have placed the infirmary at Bibb prison and two dormitories at St. Clair and Easterling under quarantine in the past week after residents tested positive. At St. Clair, the infection was only identified by an outside medical provider when the individual was taken to a hospital for treatment unrelated to coronavirus. The case at Easterling was also identified and confirmed at an outside hospital.

May 7

Arkansas prison staff who have tested positive for COVID-19 are still allowed to work in the Cummins Unit prison if they are asymptomatic. Division of Correction Director Dexter Payne said the policy was needed where there is a critical shortage of workers, and that staff members with coronavirus were only allowed to work with incarcerated people who have also tested positive. The state health department advised a DOC employee who had tested positive that they would be allowed to continue to work under 11 conditions, including a requirement that they maintain a social distance of six feet and wear a cloth face mask at all times. “The exceptions made for you as a critical infrastructure worker only apply to your work,” the letter said. “You must remain in strict home isolation for all time NOT spent at work.” There are at least 860 confirmed cases at the Cummins Unit, including 64 staff members. Four incarcerated people have died.
 
Only five of Ohio’s 181 BMV locations and 52 driver examination stations are open, and they are only offering commercial licenses, leaving returning citizens unable to obtain a state-approved ID or driver’s license. Deryk Bankston was recently released after serving 12 years in prison, but has been unable to get a bank account or a job without a state ID. “It’s like I’m on hold, but I’ve been on hold for 12 years.” Bankston said. “Now I’m here trying to do what I should be doing, you know, being responsible and taking care of my obligations, but I can’t.” On Monday, Lieutenant Governor Jon Husted said the offices would open later this month but did not give a specific date.  
 
Five employees of the Nebraska Department of Correctional Services have tested positive for COVID-19 in the past month, but no incarcerated people have been tested. DOC Chief of Staff Laura Strimple said tests would be available “if someone does present with symptoms consistent with COVID,” but that no tests had yet been deemed medically necessary. Prisons Director Scott Frakes said there was no plan to test all staff members. Last month, Frakes said the department had a plan for quarantine, isolation, and response to people who are symptomatic or have confirmed cases of coronavirus, but that the plan was confidential to a small number of people.
 
North Carolina’s prison work release program was suspended on March 25, but officials continued to send people from the North Carolina Correctional Institute for Women in Raleigh to work outside the prison until mid-April. They cleaned and disinfected bathrooms, door handles, elevator buttons, and the offices of state prisons director Todd Ishee and Department of Public Safety Secretary Erik Hooks. Ten of the eleven women on the work crew have now tested positive for COVID-19, along with at least 80 other women at the prison. “I feel like they put us out there for a dollar a day to keep them safe,” said Natasha Purvis, who was on the cleaning crew. “But they weren’t thinking about us at all.” The program was ended April 16, the first day the prison reported that an incarcerated woman had exhibited symptoms of COVID-19.

Western State Hospital, one of two state-owned psychiatric hospitals in Washington, has drastically reduced admissions as they try to contain a COVID-19 outbreak, leaving many people with mental illness in jails for months at a time. A 2014 federal court decision requires people to be transferred from jails to either Western or Eastern State Hospital within 14 days of being found not competent to stand trial. There are 177 people in jails waiting for a transfer, and the Department of Social and Health Services warned that wait times could increase by up to eight months if Western State does not resume admissions soon. Attorneys are also struggling to obtain psychiatric evaluations for clients—there are at least 20 people in jail in King County waiting for a competency exam.

May 6

Entrepreneur: A Leaked Powerpoint Suggests the SBA Is Denying Disaster Loans to Anyone Arrested in the Last 10 Years

In North Carolina, Minnesota, and Tennessee prisons, incarcerated people are provided with alcohol-free sanitizer, even though the CDC recommends sanitizers have at least 60% alcohol by volume to be effective against coronavirus. Those three states are among the 17 that still ban the use of alcohol-based hand sanitizer for people in prisons, despite a recommendation from the CDC that they consider relaxing restrictions “where security concerns allow.” In Montana, sanitizer is banned at the men’s prison, but dispensed regularly at the prison for women. In Arkansas and North Dakota, incarcerated people can’t have their own sanitizer, but can receive it from guards. And in Nebraska, Texas, and Maryland, people in prison are working to bottle and repackage sanitizer, but are banned from using it themselves. 

All civil and criminal jury trials in Georgia will be suspended through June 12, but courts will remain open to deal with bond hearings, restraining orders, arrest warrants, and other essential services. “The courts are different from most private establishments and public places in that we compel people to attend court proceedings,” said Supreme Court Chief Justice Harold Melton, “and that requires us to be extra cautious.” Melton announced the formation of a task force to plan for the safe resumption of jury trials and grand jury proceedings, with input from judges, prosecutors, public defenders, private attorneys, and court clerks. The Court also asked for public comment on a plan to allow non-jury civil trials to be conducted by video conference. Their plan would require public notice for the trial, and allow people to watch via video conference or livestream.

U.S. District Court Judge Edgardo Ramos ordered a full inspection of the Metropolitan Correctional Center by a qualified medical expert. Ramos said he heard two very different descriptions of the conditions inside MCC from the Bureau of Prisons, who said aggressive measures were in place and the spread of the virus had largely been contained, and plaintiffs, who said overcrowding and unsanitary conditions had allowed COVID-19 to spread “unmonitored and undetected” throughout the facility. Assistant U.S. Attorney Jean-David Barnea said the facility was only testing people whose symptoms were severe enough to warrant medical isolation or hospitalization. Nearly 20% of the prison’s staff have contracted COVID-19, but only eight of the 700 people held at MCC had been tested as of April 30.

There are fewer than 300 people in the Macomb County Jail, a level Sheriff Anthony Wickersham said hasn’t been seen since the 1970s. The jail had an average population of 800-900 in recent years, a drop from 1,400-1,500 in the mid-2000s. Volunteer attorneys and lawyers with the Michigan State Appellate Defender Office took an aggressive approach to releases for people who were medically vulnerable, incarcerated for nonviolent offenses, or nearing their release date. There have been just five confirmed cases among incarcerated people and two among corrections officers, and only one person is still in the recovery section at the jail. Wickersham credited a screening and isolation process put into place on February 9, and said the lower population has allowed for more social distancing.

Oklahoma Department of Corrections Director Scott Crow suggested 14 people for consideration for early release from state prisons because they are particularly vulnerable to COVID-19. Their cases will be considered at a meeting of the Pardon and Parole Board next week. None of the people being considered were convicted of a violent offense, so their releases do not require approval by the governor. If they are granted parole, they will be tested for coronavirus before they are released. After a person tested positive shortly after being released from the William S. Key Correctional Center in Fort Supply, the DOC had to quarantine 52 people who may have been exposed, and started testing people at least a week before they are released.

As of Saturday, 1,700 people held in Texas prisons had been tested for COVID-19; more than 70% have tested positive. Testing is not widespread—as of Monday afternoon, 32 facilities had conducted no tests on incarcerated people, and another 14 had conducted only one test. Instead, most of the Texas Department of Criminal Justice’s efforts have been focused on containment. More than 40,000 people in nearly 40 units are being kept on lockdown without regular access to phones or the commissary, though a spokesperson from the TDCJ said prison chaplains are trying to relay messages between families and people on lockdown, and staff are allowing incarcerated people to make five-minute phone calls on their way back from the showers. Neither Governor Greg Abbott nor the Texas Board of Pardons and Paroles has indicated any plans to allow people to be released early, even those who are eligible for parole, are close to finishing their sentences, or have been granted parole but are still incarcerated.

As part of a Community Protection Initiative from the CDC, 46 patients and 172 staff members of the Wyoming State Hospital were tested for COVID-10 on May 1. All of them came back negative, aside from one mislabeled specimen that was not tested. The tests were voluntary, and comprised a 61% sample of both patients and employees. Two patients tested positive in mid-April, shortly after they were transferred from another facility. WSH administrator Bill Rein said the CDC complimented the hospital on their screening and containment procedures, which have included testing before admissions and discharges, fit-testing staff for masks, and establishing quarantine and isolation units. Along with general adult psychiatric services, the facility performs inpatient and outpatient forensic evaluations, and treatment for people in restoration to competency, those adjudicated not guilty by reason of mental illness, and individuals who are civilly committed while they have active charges or legal obligations.

 May 5

More than 650 people have been released from Hawaii state jails after expedited court reviews; just over 400 petitions were denied. The Hawaii Supreme Court ordered the expedited releases to ease overcrowding and reduce the risk of infection, and a further order on April 24 mandated that facility populations be reduced to their design capacity. Three community correction centers remain over capacity—Oahu by nearly 150 people, Maui by 70, and Hawaii by 20. Special Master Daniel Foley, who was appointed by the Supreme Court to oversee the early releases, said another large reduction would take place this month. “While the reduction has not been as sweeping and immediate as some have wanted, the releases are being made in a deliberate and thoughtful manner and have resulted in a significant decrease in the inmate population,” Foley wrote.

In his Monday briefing, Kentucky Governor Andy Beshear said there were up to 120 more COVID-19 cases at the Green River Correctional Complex, and one additional death. Tests were administered to the roughly 875 people who live or work at Green River last week. Governor Beshear and Secretary of the Executive Cabinet J. Michael Brown announced a new housing plan, with one building for people who have tested positive, one for people who have tested negative but have been in contact with an infected person, one for people with underlying health conditions, and a fourth for the remaining prisoners. Governor Beshear called the situation at Green River a challenge and a concern his administration was actively working to address. He also acknowledged the fears of people whose loved ones are held at Green River, saying with the level of infection at the prison, “you ought to be worried.”  

The number of adults in Maine prisons has dropped 8.8% since early March, largely because people are not being transferred from jails, and because courts have closed for most regular business. During that time period, 74 people were released to home confinement. Maine does not have parole, and in order to be considered for early release, a person must be classified as minimum security, be within 18 months of release, and have finished at least half of his or her sentences. In recent weeks, the Department of Corrections has narrowed consideration to those who did not commit a crime against a person, are within one year of release, have stable housing, and do not have a history of noncompliance with probation conditions. Governor Janet Mills has not issued any commutations.
 
People in New Jersey prisons are dying of COVID-19 at the highest rate in the country. Sixteen of every 10,000 incarcerated people have died in New Jersey, compared to 11 in Michigan, and nine in Massachusetts. More people have died in Michigan, Ohio, and the federal prison system, but each of those oversees a far larger population. The New Jersey Department of Corrections announced that testing for all staff and residents in prisons and halfway houses will begin by the end of this week, in partnership with Rutgers University Correctional Healthcare and Accurate Diagnostics Lab. NJDOC is also working with the state Office of Emergency Management and FEMA to provide full-service non-congregate housing for first responders and UCHC medical staff.
 
After an outbreak at the Lansing Correctional Facility outside Kansas City, the Department of Corrections paused efforts to transfer people to home confinement. Only six people had been released from Topeka and Winfield correctional facilities and the Larned Correctional Mental Health Facility. No one was released from Lansing. On April 7, Governor Laura Kelly indicated that she was working with the DOC to identify people for release, saying “hopefully we’ll be able to move quite a few of those folks back into their communities.” At the time, there were 17 confirmed cases among staff and residents at Lansing. There are now more than 330, and two incarcerated people have died. 

The Bureau of Prisons transferred 124 people to the Federal Correctional Institution in Gilmer County, West Virginia, over the objections of Governor Jim Justice and Senators Shelley Moore Capito and Joe Manchin. On May 1, one of those newly transferred people tested positive for COVID-19. It was the first confirmed case at the federal prison in West Virginia. Officials from the BOP said each person was screened and temperature checked before boarding the flight, when the plane landed, and upon arrival at FCI Gilmer, and that none of them were symptomatic. They did not indicate whether any had been tested for COVID-19 before being transferred. Members of the American Federation of Government Employees, which represents federal corrections officers, protested the out-of-state transfers over the weekend. “This decision endangers the health and safety of prison staff and the communities they live in,” said AFGE Local 420 President Rick Heldreth.

May 4

Tennessee Governor Bill Lee announced Friday that all corrections staff and incarcerated people will be tested for coronavirus; the announcement came after expanded testing revealed massive outbreaks. At the Trousdale Turner Correctional Center in Hartsville, at least 1,349 of the 2,725 tests administered to staff and residents came back positive. The facility, managed by CoreCivic, has the third largest prison outbreak in the nation, behind the Marion and Pickaway Correctional Institutions in Ohio. Outbreaks are not limited to Trousdale—583 of 2,322 people tested at the Bledsoe County Correctional Complex had COVID-19, and dozens more at the Northwest and Turney Center prisons have tested positive. Tony Parker, commissioner of the Tennessee Department of Correction said he thought conditions at Tennessee prisons were similar to what was being seen in other states, “… the one difference with us is we’ve decided to go ahead and test the whole population.” 

The Jackson County Jail purchased an ultraviolet light machine two-and-a-half months ago to provide a cleaner environment for four incarcerated people who had cancer. Since the COVID-19 pandemic, they’ve used it daily to sanitize cells and common areas. The remote-controlled machine disinfects one room at a time, and alerts the user when the room has been cleaned. As of Friday, the jail had no confirmed cases of coronavirus. The UV cleaner costs $40,000 but Jail Commander Chris Everhart said it was worth the price. “It’s having that peace of mind as a jail administrator to provide the cleanest environment possible for your staff and inmates,” Everhart said.  

Four facilities operated by the Wisconsin Department of Corrections have confirmed cases of COVID-19, the highest number are at Oshkosh Correctional Institution. People who live and work at the prison report that social distancing guidelines are not followed, cleaning can be inconsistent, housing units are mixed together while working, and the gym and library are still open. So far, only one unit, W Building, has seen infections and is fully locked down; but staffers move between W Building, the hospital wing, and other units. Guards also reported that the facility was slow to implement steps to prevent the spread of infection—dayrooms were still open until April 8, pat-down searches were conducted until the second week of April, and incarcerated people were prohibited from wearing masks until April 15.

The South Carolina Department of Corrections is asking the National Guard for 20-30 troops to help screen and monitor incarcerated people at the Allendale Correctional Institution, the Lee Correctional Institution, and the Kirkland intake center. DOC spokesperson Chrysti Shain said they would not work on security, but would augment medical staff at the facilities. “We’re grateful to Gen. Van McCarty and the National Guard for this collaboration in helping us keep staff and offenders safe during this unprecedented time,” Department of Corrections director Bryan Stirlng said. The National Guard has also been deployed to prisons in Kansas, Ohio, Wisconsin, and Illinois.

Only eight incarcerated people and 33 staff in New Mexico prisons have been tested for COVID-19. That’s a testing rate of .0012% and 1.8%, respectively; both well below the 3% testing rate for the state as a whole. There is only one confirmed coronavirus case among people who live or work in New Mexico prisons—a contract nurse at the Guadalupe County Correctional Facility tested positive on April 21. When asked about the low level of testing, Health Department Secretary Kathy Kunkel said testing had been “more reactive,” and alluded to a supply chain issue, though the state is not testing to its full 5,000 daily capacity.  New Mexico was chosen as a pilot program for sentinel testing organized by the White House and the CDC, and Governor Michelle Lujan Grisham said prisons will be among the state’s lead populations for the program, but she had no timeline and did not say how many incarcerated people or corrections staff would be tested. 

May 3

The New York Times: Blame the Justice Department for Andrea Circle Bear’s Death

Law360: Have a Criminal Record? COVID-19 Relief May Be Out Of Reach

May 1

HuffPost: Scarce Testing, Tight Quarters, Limited Gear; Federal Prisons Hammered by Coronavirus

The jail population in Philadelphia has dropped by only 23% since February, and challenges in the probation department may have slowed efforts to reduce the city’s incarceration levels. The probation department is closed through June 1, and a court spokesperson did not respond to questions about whether the department was still functioning. The electronic monitoring unit—key to transferring people to house arrest—is not operating. More than 1,300 people remain in city jails for non-criminal violations like failure to report, or for violations involving misdemeanors or drug dealing. Nearly 200 people in Philadelphia jails have tested positive for coronavirus, but the city is unable to conduct widespread testing. In nearby Delaware County, officials expect 40-70% of incarcerated people to become infected; and in Montgomery County, which started universal testing last week, 18% were positive. 

There are nearly 350 people in Vermont prisons who have served their minimum sentences and could be released, either on parole or on furlough. Some of them are required to complete rehabilitative courses before they can be released, but programs have been suspended to prevent the spread of COVID-19. Commissioner Jim Baker said the DOC is looking for ways to allow people to complete programs by video. Officials have emphasized the decline in prison population—there are roughly 300 fewer people in state prisons than there were at the beginning of the COVID-19 outbreak—but that is largely a reflection of admitting fewer people, not letting more people out. The Department of Corrections is only conducting individual reviews for people who are 65 or older, and has granted early release to just two elderly incarcerated people since March.

The Indiana National Guard has been deployed to the Westville Correctional Facility to cover for staffing shortages caused by COVID-19. They are covering exterior perimeter work and assisting in the prison’s infirmary. Guard members have also filled those roles at the Pendleton Correctional Facility, and are assisting with commissary packaging at a warehouse near the Plainfield Correctional Facility. As of Wednesday, there were 176 confirmed cases of COVID-19 among correctional staff, and two people have died; meanwhile, 346 cases have been confirmed among incarcerated people, and 9 have died. An additional 3,684 people are in quarantine and 502 are in isolation.

Pennsylvania Supreme Court Chief Justice Tom Saylor extended the judicial emergency through June 1, but directed county courts to restore more operations and prioritize critical functions. He also announced that the statewide suspension of time calculations and deadlines in Pennsylvania courts would end effective May 11, with the exception of speedy trial calculations under Rule of Criminal Procedure 600. And in Louisiana, judges in all five criminal sections of the First Judicial Court in Caddo Parish were able to conduct proceedings remotely as of Monday. The judge, attorneys, jury, and related participants will still be in the courtroom, but defendants who are held in the correctional center will appear by video conference.

The Nevada Sentencing Commission rejected two motions to recommend that Governor Steve Sisolak consider the release of people who have underlying health conditions, were convicted of nonviolent offenses, or have already been granted parole. Department Director Charles Daniels said the plan had not been thoroughly vetted, and that incarcerated people “typically social distance themselves” when they are not in their cells. Anne Carpenter, head of the state Division of Parole and Probation, also opposed the suggested releases, and asked whether people were safer in prison than outside. The board did agree to recommend that Governor Sisolak speed up the enactment of a new geriatric parole statute that is set to take effect July 1, which would allow six of the roughly 13,000 people in the state’s prisons to have a chance at early release.  

Preliminary test results at the Lansing Correctional Facility in Kansas found that 75% of people housed there have COVID-19. Two people held at the prison have died. More than 1,700 people are currently housed at Lansing, and Corrections Secretary Jeff Zmuda said all would be tested for coronavirus. At least 75 of the prison staffers have tested positive, out of a total of 415, and 25 other staff members are on leave because of the pandemic. Ten corrections officers from Winfield and Wichita have been temporarily transferred to Lansing to help with staffing, and members of the Kansas National Guard are on site to help with medical needs and transfer residents to a new building.

 April 30

Andrea Circle Bear, of Eagle Butte, South Dakota, died in federal custody this week. She was 30 years old, and is the first woman held in a federal prison to die as a result of COVID-19. Despite her pregnancy, an underlying health condition that made her more susceptible to coronavirus, and her conviction for a rarely-prosecuted low-level drug offense, Circle Bear was not transferred to home confinement or granted compassionate relief. She underwent a caesarean section while she was on a ventilator; the Bureau of Prisons did not disclose any information on the condition of the child. Circle Bear was the 30thfederal prisoner to die of COVID-19. Of the 2,700 tests administered in the federal prison system, more than 70% have come back positive, and some facilities with early outbreaks, like FCI Oakdale in Louisiana, have stopped testing. Senators Chuck Grassley and Dick Durbin have called for an investigation into the federal prison system. “There’s been an abnormally high number of deaths,” Grassley said. “We don’t know whether the proper protocol has been followed or not.”
 
At Virginia’s Bonair Juvenile Correctional Center, 26 children and 10 employees have tested positive for COVID-19. Classes have been cancelled, residents are locked in cells for 23 hours per day, and are allowed one hour to shower or call home.  Officials from the Virginia Department of Juvenile Justice said most of those who tested positive were asymptomatic and have since recovered. Meanwhile, the Louisiana Center for Children’s Rights, which provides public defense for juveniles in New Orleans, has asked judges to reconsider their clients’ sentences, but the court has yet to schedule a hearing. “We’re not against individualized decision-making,” said Renee Slajda, spokeswoman for the Center. “We’re just asking that no matter what the mechanisms are for sending kids home, that actions are taken quickly.”
 
The jail population in Dubuque County, Iowa, has dropped 46% since February, and is at its lowest point since 2006. Sheriff Joe Kennedy said local law enforcement has been advised to issue court summonses or citations instead of arresting and detaining people for nonviolent misdemeanors. “Do these people really need to be in jail if we can find someone responsible to pick them up and take care of them?” Kennedy asked. “We’re still arresting people and bringing them in to get fingerprinted. But once they come in and get processed, most are being released.” In nearby Lafayette County, Wisconsin, people charged with low-level misdemeanors are being referred to the district attorney’s office to be charged at a later date. “We want as few people in and out of the jail as possible,” said Sheriff Reg Gill.
 
Between March 17 and April 17, the Garland County District Court issued 2,376 warrants for failure to pay fines and fees, according to the Arkansas Administrative Office of the Courts. During the same time period, Crittenden County issued 48 warrants on the West Memphis docket, and Pulaski County issued 62 on the Little Rock docket. Some of the newly issued warrants were related to traffic tickets dating back to the mid-1990s. Garland County District Court chief administrator said no one will be arrested as a result of the warrants, and that sheriff deputies are directed to issue citations instructing people to appear in court, though the documents include the text “warrant of arrest.” A spokeswoman for the sheriff’s office said they had only served 27 warrants since March 17.
 
On Friday, 47 incarcerated people had tested positive for COVID-19 at a state prison in Shirley, Massachusetts. As of Monday, that number had more than doubled, to 106. Two of the seven state prisoners who have died in Massachusetts were housed at MCI-Shirley, a medium and minimum security facility holding 1,300 men. Reynaldo Martinez, who is incarcerated there, says tensions are high—movement has been restricted, officials aren’t providing information about isolation and infection, and people are not getting mental health treatment. “Some of these guys are having anxiety attacks,” Martinez said. “We’re just in the dark, sitting in our cells and waiting for something to happen.” 

The Oregon Department of Corrections will resume drug and alcohol treatment programs that were suspended in March. Treatment will restart at Coffee Creek and Columbia River next week, and at Powder River the following week. Officials plan to allow outside contractors in the three facilities, with new parameters to limit group sizes and maintain physical separation. The six-month treatment programs typically serve 580 people per year, and allow participants to earn a sentence reduction of up to 20% for non-Measure 11 offenses. An estimated 200 people were in the process of completing the program when it was suspended last month, and were at risk of losing their early release dates.

April 29

The New York Post: Federal inmate with coronavirus dies after giving birth on ventilator

The Gazette: Coronavirus in Iowa, live updates for April 29

Kentucky Governor Andy Beshear commuted the sentences of 352 people who were particularly susceptible to the effects of coronavirus, adding to the more than 800 already released under previous executive orders. He said in the order that the reductions in incarceration levels were intended to “prevent the spread of COVID-19 and to promote and secure the safety and protection of individuals in state custody and corrections staff.” All of the people released had fewer than five years remaining on their sentence for a nonviolent and nonsexual offense, tested negative for coronavirus, had a verifiable home address, and committed to self-quarantining for 14 days. Only five of the new commutations came for people housed in state prisons; the rest are in county jails. Governor Beshear also announced that all staff and incarcerated people at the Green River Correctional Complex will receive a COVID-19 test. As of Monday, 28 staff members and 43 residents at Green River have tested positive, and two incarcerated people have died.  

The Pima County Medical Examiner confirmed this week that the first death of a person held in an Arizona state prison occurred two weeks ago. Joseph Assyd, who was incarcerated at the state prison in Tucson, was hospitalized March 27 and died April 12. The Department of Corrections, Rehabilitation, and Reentry said they had not received verification from the medical examiner and could not confirm any COVID-19 related deaths among state prisoners. The state says 47 people in Arizona prisons have tested positive, including 32 at a prison in Florence. 

The first 50 people to be furloughed under New Jersey Governor Phil Murphy’s executive order were approved this weekend. They will be transferred to home confinement but remain in the custody of the Department of Corrections and are likely to return to prisons as the threat posed by COVID-19 recedes. Murphy’s executive order allowed for the temporary release of people who are older than 60, have high-risk medical conditions, are within three months of the end of their sentence, or have been recently considered for parole. Those convicted of murder, sexual assault, or other serious crimes were not eligible for consideration. More than 1,100 people who met those conditions were identified by the DOC, and Commissioner Marcus Hicks said approvals would continue on a rolling basis.

Nearly 200 children have been released from Maryland juvenile detention facilities, according to Secretary of Juvenile Services Sam J. Abed. Most of those released were held on nonviolent and misdemeanor charges. Five children in state facilities have tested positive for COVID-19 and all have recovered. Eleven staff members have confirmed cases and three have recovered. As a result of the releases, the total juvenile detention population has dropped more than 30%. The percentage of youth held on misdemeanor charges dropped from 44% to 25%, and the percentage of juvenile detainees who are black dropped from 77% to 58%. 

Less than 1% of people held by the West Virginia Division of Corrections and Rehabilitation have been tested for coronavirus. Only 88 total tests have been administered—57 in state jails, 29 in state prisons, one in community corrections, and one in juvenile services. The West Virginia Department of Health and Human Resources said testing decisions were being made by facility medical providers in collaboration with local public health authorities. As of Monday, ten people were in isolation awaiting test results and 476 were in quarantine, either because they were new admissions, or because they have been to the hospital for reasons unrelated to COVID-19. These numbers do not include corrections officers or other facility staff.  

April 28

Louisville Courier-Journal: Gov. Beshear commutes sentences of additional 352 state inmates in response to COVID-19

More than 2,000 people held at the Bledsoe County Correctional Complex in Tennessee were tested for COVID-19—576 came back positive. Nearly all of them were asymptomatic. Mass testing also revealed a major outbreak at the Lakeland Correctional Facility in Coldwater, Michigan. A reported 1,400 people were tested, and nearly 600 were positive for coronavirus. Hundreds of test results are still pending. “Obviously it’s a significant number,” said Michigan Department of Corrections spokesman Chris Gautz. “Prior to this, we had about a hundred or so positives. So that tells us that there were a whole lot of prisoners who were asymptomatic, which is very troubling and is exactly the reason why we had to do facility-wide testing.” 

The Oregon Department of Corrections suspended treatment programs at the Columbia River, Coffee Creek, and Powder River prisons in March. As an unintended consequence, nearly 200 people will have to stay in prison longer than expected. They were participating in six-month treatment programs delivered by outside contractors that come with an incentive of a sentence reduction of up to 20%. The Pathfinder Network, one of the treatment providers, proposed options for remote programming but was turned down by corrections officials. Elizabeth Seaborne had only 31 days to go in her treatment program when it was suspended. “I was at the end of my program,” she said. “I did all my classes.” Her new release date is June 22.

The New Hampshire Department of Corrections reported that 11 staff members have confirmed cases of COVID-19. Seven work at the New Hampshire State Prison for Men, one at the New Hampshire Facility for Women, and three in field services. Four of the staffers have already recovered and been cleared to return to work. There are no confirmed cases among people incarcerated in state prisons, but only 10 residents have been tested. Unions representing corrections officers, healthcare workers, social workers, and clerical staff rallied in front of the DOC building on Friday asking for more protective gear and stronger quarantine procedures.

Officials in Riverside County, California, have produced a written course of action to limit the spread of COVID-19, including a promise to provide regular updates. This came after a federal judge said the sheriff’s department “failed to demonstrate that it is currently taking adequate precautions to protect the health of the prisoners in the county jails.” In the most recent update, Sheriff Chad Bianco reported that 107 incarcerated people had tested positive, and 53 had recovered. One man, who was held at the Larry D. Smith Correctional Facility near Banning, has died. Seventy-one sheriff’s employees had confirmed cases, and two deputies have died. Sheriff Bianco opposes any early releases, and did not appear to agree to transfer any incarcerated people to other facilities.

New Mexico’s courts have largely transitioned to doing business by phone and video conference, leaving many stakeholders unsatisfied. Judges and staff members are the only ones inside the courtroom—defendants appear by video and attorneys participate by phone. Jennifer Burrill, vice president of the New Mexico Criminal Defense Lawyers Association, said the adjustments “fail to protect a defendant’s rights—including the right to confront their accusers and have effective assistance of counsel.” Burrill was also concerned about the lack of public scrutiny. There are only 73 phone lines available for people who want to call in and listen to court proceedings, though officials said they were expanding to 96 lines soon. Crime victims have also had their access restricted—some have been asked to write letters instead of providing impact statements, and family members of a shooting victim were not able to find an available line for a hearing on the case. “The court systems are so overwhelmed. Sometimes things can fall through the cracks,” an accuser in a stalking case told the Santa Fe New Mexican. “I’m there to make sure that doesn’t happen. I think it’s important to be physically there.” 

Substance abuse and addiction treatment programs throughout Minnesota are adapting to an environment that makes it harder to maintain the foundations of community, structure, and personal accountability. Hazelden’s residential program remains open for new patients, though nearly 1,500 people have been transitioned to a new virtual outpatient platform called RecoveryGo. The platform was already in development, but it’s release was accelerated by the pandemic. The Minnesota Recovery Connection switched to video conferences and phone calls to stay in touch with clients. And Ramsey County District Judge Nicole Starr has started posting encouraging videos on a special Youtube channel for participants in the county’s treatment court. Messages vary, from providing ideas to deal with boredom or cravings, to reminders that participants are not alone even if they are in self-isolation.

April 27

More than 500 people held on technical parole violations were let out of New York City jails based on an order from Governor Andrew Cuomo on March 27. Since then, nearly 50 additional people have been admitted to city jails for minor violations, like missing a meeting with a parole officer of failing to inform authorities about a change of address. There are still 250 people in New York City jails for low-level parole violations, and two of the people held at Rikers Island who have died as a result of COVID-19 were there for non-criminal technical violations. As of Saturday, 377 people currently incarcerated by the New York City Board of Correction had confirmed cases of coronavirus, and an additional 109 were under observation. There were 956 confirmed cases among Department of Corrections staff and 158 from the Correctional Health Services. 

Even without including cases among people incarcerated at the Marion Correctional Institution, the surrounding county’s per capita COVID-19 rate is one of the highest in the state, higher than larger counties like Cuyahoga and Franklin. There are 112 cases of community spread in the county, compared to similarly sized counties like Sandusky (20 cases), Washington (80 cases), and Lawrence (22 cases). More than half of the community spread cases are directly linked to the prison. “It’s going to take us a while to see the actual effect of the (prison) outbreak,” said Marion Public Health Commissioner Traci Kinsler. “We just have to be really vigilant about watching what this is going to do and is it going to set off another outbreak.”

Minutes from a Nevada prison medical system department meeting showed significant concerns about the system’s ability to manage an outbreak of coronavirus. Participants warned about issues with staffing, inadequate infirmary space, and concerns about separating juveniles and adults in medical settings. They also raised concerns about the system’s previous handling of an outbreak of hepatitis C—at least 20% of people in Nevada prisons have tested positive for the blood-borne disease. The discussion was revealed in improperly redacted records shared in response to a petition to release incarcerated people to prevent the spread of coronavirus inside state prisons. As of Friday, eight prison employees had tested positive for COVID-19, but there are no confirmed cases among incarcerated people. Nevada is also one of only three states that has not suspended medical co-pays for people in state prisons, along with Hawaii and Delaware.

Results from the first round of expanded testing at the Sterling Correctional Facility in Colorado confirmed COVID-19 cases in more than half of the completed tests. The tests were conducted on 473 people, and 255 results were available as of Friday. Of that 255, 138 were positive, 104 were negative, 12 were inconclusive, and one was unsatisfactory. Two staff members also tested positive, but were not part of the mass testing done Wednesday. “Given the insidious nature of this virus we had suspected that despite seeing a relatively low number of inmates with symptoms, the number of positives was potentially much higher,” said Department of Corrections Executive Director Dean Williams. He said the broader testing regime would allow staff to isolate, monitor, and treat incarcerated people, and mitigate the spread to others. Williams also said he wants to release between 500 and 700 additional people from the state prison system to create a new quarantine facility.

More than 700 people in Indiana state prisons are over the age of 65; more than 30 are in their 80s. Statewide officials have not taken any steps to release elderly or medically vulnerable people from state prisons, and have delegated those decision to local judges, sheriffs, and county officials. A new dashboard from the Indiana Department of Corrections showed that 2,650 incarcerated people are quarantined, 579 are in isolation, 297 have confirmed cases, and three have died as a result of COVID-19. One additional death is presumed to be linked to the coronavirus. As of Sunday, there had also been 129 confirmed cases and two deaths among DOC staff.

April 26

Warren Tribune Chronicle: Pandemic in Prison: Unsanitary conditions, fear of reporting described at facilities

April 24

The Catholic Spirit: MCC: Protect vulnerable in midst of COVID-19

Less than one half of 1% of people held in Arizona prisons have been tested for COVID-19. At the Perryville complex, none of the more than 4,000 women have been tested, despite a confirmed diagnosis for an officer last week. An internal prison memo said “no other employees were identified as being at risk,” but the executive director for the Arizona Correctional Peace Officers Association said the person was a kitchen officer who had frequent contact with incarcerated people and staff. “The worst person who can catch this is a kitchen officer,” Carlos Garcia told Tucson’s ABC15. “They’re having contact with inmates left and right, staff left and right. It’s close proximity.” The state has not provided the number or location of corrections officers with confirmed coronavirus cases, but Garcia said more than 30 officers, covering seven different complexes, have tested positive.

The 12-week training program for cadets at the Bexar County Sheriff’s Academy in San Antonio, Texas, has been adapted to prevent the spread of coronavirus. Cadets and instructors will wear masks at all time, and the class was split into two groups to avoid overcrowding. The program previously included packing cadets into tight quarters to complete strenuous exercises, and 14 of the 20 members of the most recent class contracted COVID-19. Sheriff Javier Salazar acknowledged that there were not enough safety protocols in the past. “At some point, the pandemic will end,” said Salazar. “But I don’t think we will ever see 20 cadets sitting in a classroom shoulder-to-shoulder again.”  

U.S. District Court Judge James Gwin ordered the release or transfer of hundreds of people from Federal Correctional Institution Elkton in Ohio. Six people incarcerated there have died as a result of COVID-19, but fewer than 100 people have been tested. Gwin called the lack of testing a “debacle” and contrasted it with the widespread testing happening at the state prison in Marion, Ohio. “Despite their efforts, the Elkton officials fight a losing battle,” Gwin wrote. “A losing battle for staff. A losing battle for inmates.” On the same day, U.S. District Court Judge Terry Doughty ruled that he could not provide relief in a class-action case brought on behalf of people held at FCI Oakdale, in Louisiana. “Such a designation and/or classification falls squarely within BOP’s authority and outside the purview of this Court,” Doughy wrote. 

The Butler County Jail in Hamilton, Ohio is using a system called TempChecker to provide infrared temperature screening. The system uses an infrared camera and sounds an alarm when a person with an abnormal temperature is detected. Officials at Delaware’s James T. Vaught Correctional Center (JTVCC) are also using non-invasive infrared thermometers to conduct twice-daily temperature checks for people in two buildings where a corrections officer tested positive for COVID-19. Four incarcerated people were identified for evaluation by the new protocols, all subsequently tested positive for coronavirus. Three of them are now in treatment at an area hospital, and one is still at the JTVCC infirmary.

Ten new cases of COVID-19 were reported by the Iowa Department of Corrections after they began “investigatory testing” at the Iowa Medical and Classification Center in Coralville. The testing is initially focused on people who were transferred from county jails and placed in an intake quarantine unit where an incarcerated person tested positive last week. The DOC has ordered an additional 150 tests and has suspended all nonmedical admissions and transfers. Increased testing also led to a spike in positive cases in the Orleans Justice Center in New Orleans, Louisiana. As of Wednesday afternoon, 97 people have tested positive—37 were released and 60 are still in custody. There are still 57 tests pending results, and more than 500 people held in the jail have not been tested. 

 April 23

The Columbus Dispatch: ‘A madhouse’: For one federal prisoner in Ohio, no escape from coronavirus

Public health officials in California now recommend that people living or working in high-risk settings, including prisons, be tested for coronavirus even if they are asymptomatic. Prior recommendations, from the Centers for Disease Control and Prevention, prioritized hospital patients, symptomatic healthcare workers, and symptomatic people who are elderly or have preexisting health conditions. While high-volume labs across the state have the capacity to run more than 80,000 tests per day, California has struggled with supply shortages. As recently as last week, state officials said they had inadequate supply chains for swabs and reagent supplies. 

Unions representing 2,500 corrections officers, subcontracted healthcare workers, and social workers called on judges to release incarcerated people in Philadelphia as a “common sense” measure to protect workers and the community from the spread of COVID-19. Jail populations across the city have dropped by 17% this month, but as of Monday, 126 incarcerated people and 60 corrections officers have tested positive for coronavirus. District Council 33 Local 159 business agent Eric Hill said his union would support anything that would help reduce infection. “We’re in a pandemic situation,” Hill said. “It’s a life-or-death situation … It only makes sense that in a place where people are packed together, we try to reduce that.”  

At the Lansing Correctional Facility outside of Kansas City, 54 staffers and 46 incarcerated people have confirmed cases of COVID-19. More than 1,700 people are on lockdown, the National Guard is on-site providing medical care, the Department of Health and Education has implanted a staff member to help with testing, and central office staff are assisting with administrative work. Governor Laura Kelly said earlier this month that she was working to identify people who were near the end of their sentences and could be released early, but a spokeswoman for the Kansas Department of Corrections said they have not received guidance from Kelly’s office on a plan for releases.

Nearly 100 people been released from the jail in Morgan County, Alabama as part of an effort by the sheriff’s office to reduce the risk of coronavirus exposure. The facility can accommodate up to 1,000 people but currently holds about 600. The sheriff’s office began reviewing cases following Alabama’s first confirmed coronavirus case on March 13, and worked with courts and judges to identify people who could be safely released. Many of those released had been incarcerated for failure to pay child support, tickets, or fines. “We have less cost because we have fewer people in the facility, but then with that, we have less revenue to be generated through the inmates being inside the facility,” said Morgan County Sheriff’s Office public information officer Mike Swafford, “so those two things kind of balance out, but it’s something we are watching closely.” 

A $2 million grant from the Substance Abuse and Mental Health Services Administration (SAMHSA) will allow the North Carolina Department of Health and Human Services (NCDHHS) to support state responses to the COVID-19 pandemic. Funds will be used to provide additional support for people with substance use and mental health disorders who are transitioning from jails and prisons, and will support access to Opioid Treatment Programs in areas that have been heavily impacted by coronavirus. SAMHSA grant funds have also been awarded to help create an emergency stabilization unit for psychiatric and substance use disorder care at the Manilaq Health Center in Kotzebue, Alaska; purchase telehealth equipment for Connecticut Department of Corrections healthcare practitioners; and expand crisis service capacity for people at risk of entering one of Kentucky’s adult psychiatric hospitals or leaving one of the facilities and in need of transitional housing for self-quarantine. 

 April 22

Florida Chief Justice Charles Canady announced the creation of a 17-member group that will formulate a plan to re-open the state’s court system. They are planning a “staged return” in four phases: the first, with virtually no in-person court proceedings; the second, when limited in-person contact may be allowed with precautions; the third, with broader in-person work and relaxed precautions; and the fourth, when there is no longer a significant threat from COVID-19. The group will assess which court matters can be resolved with remote technology and propose guidance for protective measures to allow for the resumption of in-person proceedings. They plan to send their recommendations to the Florida Supreme Court on a rolling basis, rather than waiting for a final report.

Under current Bureau of Prisons policy, people approved for early release are quarantined in groups for 14 days; if any person in the group tests positive, the quarantine period restarts and lasts for another 14 days. In a decision ordering the release of a man held at Federal Correctional Institution, Butner, U.S. District Judge Alison Nathan called the policy“illogical,” “self-defeating,” and “Kafkaesque.”Guidance from Attorney General William Barr issued on April 9 appeared to allow for case-by-case discretion to release people before the 14-day quarantine is completed, but it is unclear how or whether that guidance is being followed. Shifting guidance from BOP also applies to a requirement that a person have served 50% of their sentence before being eligible for compassionate release or home confinement transfer. A March 26 directive included the requirement, guidance on April 9 waived it, and a directive issued Monday appeared to reinstate it.   

Nearly 500 people have been approved for early release by the Iowa Board of Parole, and an additional 90 people in the state’s prisons have been approved for future release. “Together our agencies are working to find a balance of good public safety and safety of the institutions for our staff and those incarcerated,” said Department of Corrections Director Beth Skinner. One incarcerated person in the state prison system has tested positive for COVID-19, but officials said he was held in quarantine and was never in the general population. Two correctional officers linked to the Iowa Medical and Classification Center in Coralville also have confirmed cases. An additional 14 confirmed cases are in Community Based Corrections—ten people under supervision and four staff. 

U.S. District Judge Colleen Kollar-Kotelly said a class action suit against the city of Washington, D.C. would likely show a “deliberate indifference” to the health of incarcerated people, and that inadequate protections increased the risk of infection and could result in death. She ordered the city to overhaul social distancing and cleaning procedures; make improvements in screening, tracking, and medical care delivery; halt “punitive conditions of isolation;” and restore and maintain the right of legal access by phone while in-person visitation is suspended. The infection rate inside D.C. Department of Corrections facilities is 15 times higher than the city as a whole. At this time, 880 people were in isolation or quarantined, 97 have tested positive, and one incarcerated person has died, while 152 corrections personnel are in self-quarantine due to infection or exposure. D.C. Mayor Muriel Bowser appointed Clinton Lacey, head of the Department of Youth Rehabilitation Services, to monitor the implementation of Kollar-Kotelly’s orders at the city’s jails and psychiatric hospital.

New Jersey Governor Phil Murphy signed an executive order April 10 approving limited releases from state prisons, but so far no one has been let out. The order laid out a lengthy process for review—the Department of Corrections (DOC) is tasked with compiling an Emergency Medical Referral List, which the new Emergency Medical Review Committee has seven days to review and county prosecutors have five days to challenge. After receiving guidance from the committee and the prosecutors, Corrections Commissioner Marcus Hicks has three days to make a final determination. Prior to release or transfer to temporary home confinement, the DOC is also directed to issue each person a temporary photo ID and assist with applications for Supplemental Nutrition Assistance Program, WorkFirst NJ, and Medicaid.

The average daily population at the Denver County Jail and detention center fell from 1,806 on March 1 to 1,057 on April 15, a reduction of more than 41%. Priority for release has been given to people who are pregnant or over 60 years old, have underlying health problems, are within 60 days of the end of their sentence, have inexpensive bonds, or are on work-release. Despite these efforts, 21 people in Denver jails have tested positive for coronavirus, and 56 more are in isolation. The city is not releasing departmental breakdowns of staff who have tested positive, but the Fraternal Order of Police confirmed that at least 20 sheriff’s deputies have confirmed cases. 

 April 21

The Associated Press: Criminal Records Shut Small Biz Out Of Aid Program

A 49-year old man held at the Green River Correctional Complex (GRCC) became the first person in Kentucky’s state prison system to die as a result of COVID-19. He was admitted to the hospital on April 8. There are at least 34 confirmed cases at GRCC—15 staff members, and 19 incarcerated people. Family, friends, and one person held at Green River reported that areas are not being adequately cleaned, the sick are not properly segregated, and some correctional officers walk around the facility without masks or gloves. A Department of Corrections spokeswoman said masks are mandatory for staff, and strongly encouraged for incarcerated people. She also said sick people are kept in the dormitory but isolated with their cellmate if they test positive. “It’s like a death trap at this point,” said Phoenix Shepherd, whose asthmatic husband is held at Green River. “You have all of these men confined together in a space where the coronavirus is running rampant.”

At Federal Correctional Complex Butner, in North Carolina, 27 staff have confirmed cases of coronavirus, along with 65 incarcerated people. Five people held at the prison have died. A few hours east, at Correctional Institution Rivers, no information is available from the Bureau of Prisons on infections among staff or incarcerated people. CI Rivers is operated by the GEO Group, and data from the BOP tracking COVID-19 testing and infection does not include privately-operated facilities. Albemarle Regional Health Services Director R. Battle Betts confirmed there have been at least three confirmed cases among correctional staff and one incarcerated person, and said there have been no coronavirus-related deaths linked to the prison.

The new Davidson County Jail in downtown Nashville was scheduled to open in May, but it quietly opened up as an isolation facility last week. Though the jail is not processing new admissions, it can receive transfers and is holding 66 people who have coronavirus symptoms and need to be quarantined. “We are using a large portion of the building,” said Davidson County Sheriff Daron Hall, “and we are very fortunate to have it.” Hall said he is continuing to work with local judges to reduce the total jail population—167 people have been granted early release. Of those, only seven have been rearrested. There have been eleven confirmed cases of COVID-19 among people incarcerated at the Davidson County Jail, and six cases among the staff.

The Georgia Supreme Court is conducting its first hearings on Zoom this week, with oral arguments in nineteen cases including several murder convictions, a personal injury lawsuit against a sheriff, and a legal malpractice case. Arguments will be livestreamed on the court website. The Georgia Court of Appeals announced they would also conduct hearings on Zoom, with the first scheduled for May 5. Oral arguments have already taken place on video conference in Alaska, Missouri, Vermont and Virginia, and are set to begin soon in Connecticut and Nebraska. “I can’t imagine that it’s not going to outlast the pandemic and change the way we do business generally, pretty profoundly,” said Texas Supreme Court Justice Nathan Hecht, who also serves as the president of the Conference of Chief Justices.

Bureau of Prisons staff who are returning to central Pennsylvania from working in prisons in neighboring states can now quarantine at Bucknell University’s West Mods for 14 days. Thirty staff members from the United States Penitentiary, Lewisburg were sent to New York and Ohio to help cover for coronavirus-related staffing shortages, and they would have had to rent a hotel or find another place to isolate themselves for the next two weeks. “Bucknell wants to do its part to assist the community in the fight against the spread of COVID-19 whenever possible,” said university spokesman Mike Ferlazzo.  

April 20

The Columbus Dispatch: Marion prison becomes nation’s leading coronavirus hotspot as advocates demand action

Butler County Journal-News: Coronavirus in Ohio prisons: For Hamilton woman, ‘The stress … is horrible.’

Post Bulletin: Groups plead for Walz to take action to prevent prison COVID-19 outbreak

Marion County is the 38th-largest county in Ohio, but has the most cases of any in the state, and all but 80 of them are connected to the Marion Correctional Institution (MCI). As of Sunday, there were 1828 confirmed cases among people incarcerated at MCI and 109 among staff. It was the first state prison in Ohio to report a confirmed COVID-19 case for a correctional worker on March 29, and an incarcerated person on April 3. The Ohio National Guard has been mobilized to help with “mission critical functions” at the prison, and the State Highway Patrol has been called in to help guard the facility’s perimeter. Guards have been working 12- and 16-hour shifts to cover for staffing shortages.
 
At the Essex County Correctional Facility in New Jersey, all incarcerated people will receive a new antibody blood test regardless of whether they report having been exposed to COVID-19. Nearly 2,800 tests, which can deliver results in as little as 15 minutes, are being sent to the jail over the next two weeks. Tests will first be administered to the nearly 100 people held at the jail who have displayed flu-like symptoms, then to people with pre-existing health issues to create a higher risk of severe illness, then to people who are asymptomatic. Corrections officers and jail staff can also be tested on request. 
 
Maryland Governor Larry Hogan signed an executive order to expedite the release of people who are eligible for release within the next four months. He also directed the Parole Commission to speed the review of individuals convicted of nonviolent offenses who are older than 60 and have an approved reentry plan. A spokesman estimated that nearly 800 people could be released as a result of the two directives. Hogan had resisted calls to release people from state prisons, but said Friday he was “obviously concerned about potential outbreaks.” To date, 136 people who live or work in the state’s prisons have confirmed cases of coronavirus, and one incarcerated person has died.
 
The Hawaii Supreme Court ordered the Hawaii Paroling Authority (HPA) to expedite parole reviews for people who are 65 or older, pregnant, close to the end of their sentences and being held in a minimum security setting, or detained on technical parole violations. The HPA will also be required to submit progress reports to a special master on the people whose releases were granted, denied, or are under consideration. They also directed lower courts to release people without requiring cash bail if possible. “Release shall be presumed,” the court wrote, “unless the court finds that the release of the inmate would pose a significant risk to the safety of the inmate or the public.”
 
There are no reported cases of coronavirus among people incarcerated in Canyon County, Idaho, but officials are preparing for a potential outbreak. A new trailer pod, which had been intended to hold incarcerated women, has been set aside as a potential quarantine and medical facility. The trailer’s airflow system allows the entire building’s air to be cleared in less than two minutes, and each individual unit has its own airflow. Jail staff are also working with local health and county officials to allow for on-site treatment by outside medical staff.
 
Chief U.S. District Court Judge Virginia Phillips ordered Riverside County to present a more acceptable plan to protect incarcerated people from the spread of coronavirus. The order comes as 107 people held at the county jail in Southern California have tested positive for COVID-19; 53 have recovered. Phillips said if the county did not “implement adequate social distancing within its existing jail facilities and take other necessary steps to decrease risk of infection,” she would order the transfer of incarcerated people to different facilities. In an April 9 hearing, county officials were unable to adequately answer questions about the size of cells and dormitories, the number of people per room, or the feasibility of transfers to other facilities. They also had not identified people who were at greater medical risk due to compromised immune systems.

Clark County Sheriff Joe Lombardo announced Friday he would release nearly 300 people from the county detention center in Las Vegas. Lombardo had requested a court order granting him the ability to reduce the jail population by up to 10% to protect the health and safety of staff and incarcerated people. He also asked to be allowed to release people who were at higher risk for serious illness. Chief District Judge Linda Bell issued an order Thursday allowing Lombardo to release people who are being held on technical violations of probation, are medically vulnerable, or have served 75% of their sentences. Those held for crimes of violence or driving under the influence of drugs or alcohol are not eligible for early release.   

April 17

People held at the Cook County Jail have started refusing food in an effort to push for more releases and safer conditions of confinement. In a petition, they asked a judge for increased access to calls with family, cleaner living conditions, a reopening of the courthouse so their cases can be reviewed more quickly, and more releases on bond. Officials from the sheriff’s office have forwarded a petition from the incarcerated people to a judge. The jail’s population is at an all-time low of 4,322 people, but the facility has been a hotspot for infection. 340 incarcerated people have tested positive for coronavirus—156 have recovered, 181 are still symptomatic, and three have died.

The West Virginia Division of Corrections and Rehabilitation released a redacted version of its coronavirus response plan, including guidance to employees in the event of an outbreak. The plan had been filed under seal, though U.S. District Judge Robert Chambers ruled it was a “reasonable and effective” response in a hearing April 6. There have been no reported cases in any jail or prison facility in West Virginia. Statewide, jail populations have dropped from 5,200 on March 1 to 4,163 on Monday, though the North Central, Northern, Southern, and Tygart Valley Regional jails are over capacity. State prison and community corrections are also under capacity, by 282 and 80 people, respectively.

Fifty-four people in Philadelphia jails have confirmed cases of COVID-19, and one incarcerated person has died. In emergency hearings designed to reduce the jail population, roughly 380 people have been granted an early release, but Common Pleas Court Judge Anne Marie Coyle has rejected every request she’s heard, even increasing bail in four cases. “We are compelled to reach the unfortunate conclusion that Judge Coyle does not share the understanding reached by all of the stakeholders involved in this extraordinary circumstance,” Chief Defender Keir Brandford-Grey wrote in a letter informing the courts they would withdraw all petitions in her court.

Two court-appointed inspectors told a judge this week that people with coronavirus in the D.C. jail are isolated, prohibited from showering or cleaning their cells, barred from contacting loved ones or lawyers, and not allowed to change clothes, linens, or masks while they are sick. Others inside the jail lacked adequate cleaning supplies and training to disinfect communal areas, bathrooms, and cells. The inspectors reported that incarcerated people said their isolation was “far too punitive” and “plainly a disincentive” to future reporting of symptoms. U.S. District Judge Colleen Kollar-Kotelly ordered the inspection as part of her review of a lawsuit filed last month by the ACLU and Public Defender Service. Fifty-six people held at the jail and 18 employees have tested positive for COVID-19, and one incarcerated person has died.  

Oregon Governor Kate Brown is not considering a broad release of people from state prisons, like those undertaken in Kentucky, Oklahoma, and Washington. Last week, Brown asked for a census of people serving time for non-Measure 11 offenses who were medically vulnerable or nearing the end of their sentences, and received a list of 2,836 people meeting her criteria. Brown said this week she would consider them on a case-by-case basis. The first case of COVID-19 in Oregon prisons was announced April 1. As of Tuesday, 13 people at the Oregon State Penitentiary, eight at the Santiam Correctional Institution, and one at the Shutter Creek Correctional Institution have tested positive.   

April 16

A panel created by the Louisiana Department of Corrections will begin reviewing cases for temporary medical release on Friday. Five of the six panelists must vote to approve a candidate for medical furlough. In order to be considered, a person held in a state prison must have underlying health conditions, a release date within six months, proof of housing upon release, and be serving time for a nonviolent, nonsexual offense. People in DOC custody but housed in local jails will not be required to show underling medical conditions, but must have already served at least six months of their sentence. Nearly 1,100 people in local jails may be eligible for a medical furlough, along with 100 people held in state prisons.
 
The Alabama Bureau of Pardons and Paroles will restart hearings on May 18, nearly two months after they were first suspended. State law requires a 30-day notice to victims and other stakeholders before a hearing, and provides them the opportunity to testify or attend. Governor Kay Ivey issued a proclamation Monday allowing people to share their views on a particular parole hearing by mail or email, rather than having to attend a hearing in person. The three-member board has denied release in 85% of the cases they’ve reviewed.
 
After a Massachusetts Supreme Judicial Court ruling earlier this month, 367 people have been released from state prisons and county jails. The ruling called for hearings to determine whether people held on technical parole or probation violations, and those held before trial for nonviolent offenses, could be released. It also mandated a weekly report on the overall population; the number of tests administered to incarcerated people, corrections staff, and contractors; confirmed cases of COVID-19; and the number of people released based on the procedures and guidance set forth in the April 3 order. 
 
Washington Governor Jay Inslee issued a proclamation temporarily suspending the statute of limitations for any crime. It also waived the one-year limit on an individual’s right to seek post-conviction relief. Inslee noted that COVID-19 pandemic responses have limited access to state courts, restricted court operations, and inhibited prosecutors’ and courts’ ability to file and process cases. The proclamation is in effect through May 14. “As the COVID-19 situation develops,” Inslee said, “we must constantly evolve our state systems to ensure that our communities are supported and set up to get through this outbreak.”
 
In Maine, county jail populations have declined 37% in the past three months, and the state prison population is down 7%. York County Sheriff William King said officers are making fewer arrests, and are more likely to issue a summons for people who do not pose a threat to public health. Judges in the county are also allowing for delayed sentences. In Cumberland County, Sheriff Kevin Joyce has released some people who are not a risk to public safety and have less than 90 days left on their sentences. “My goal was not trading one risk for the other—keeping them in here in case we get a COVID virus outbreak versus putting someone out in the street who shouldn’t be out there.”

The Georgia Criminal Justice Coordinating Council was awarded $15,840,333 from the Department of Justice to deal with public safety challenges stemming from the COVID-19 pandemic. The grants were authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act, and agencies have “considerable latitude” in the use of funds, including hiring staff, purchasing equipment, and addressing the needs of incarcerated people. Additional funds have been awarded to Concord, New Hampshire; Pasadena, Austin, and the State of Texas; Newport and Cranston, Rhode Island; Caddo Parish and Tangipahoa Parish, Louisiana; Pascagoula, Mississippi; Olympia, Washington; Camden and Pemberton, New Jersey; Petaluma, California; Highlands County and Walton County, Florida; Pickens County, South Carolina; Cass County, North Dakota; the State of Utah; the Iowa Governor's Office of Drug Control Policy; and the Guam Bureau of Statistics and Plans.

April 15

The North Carolina Department of Public Safety announced it has started to release people to community supervision. In order to be considered for early release, a person must not have been convicted of a violent crime against a person, and must also be in one of these categories: pregnant women; people aged 65 or older who are medically vulnerable; people aged 65 or older with a 2020 release date; women aged 50 or older who are medically vulnerable and have a 2020 release date; people with a 2020 release date who are already on home leave or work release. “This is an ongoing process,” said Chief Deputy Secretary of Adult Correction and Juvenile Justice Tim Moose. “We will continue to work diligently to monitor best practices and offender risk, while coordinating any future releases to community supervision, as well as adjusting to this ever-evolving situation to protect our staff, the incarcerated community, and the community at large.”

After the first case of COVID-19 inside Arkansas prisons was confirmed this weekend, the corrections department tested all other men who were held in the same barracks at the Cummins Unit prison, even though none of the other men were symptomatic. Forty-three of the forty-six men in that unit tested positive; they are all now quarantined. Most facilities have not had access to large numbers of tests, or tests with rapid results, leading to likely undercounts of cases inside jails, state prisons, and federal facilities. 

The Centers for Disease Control and Prevention recommend all law enforcement wear latex gloves, an isolation gown or disposable overalls, eye protection, and an N95 respirator, though surgical masks are an acceptable substitute. In Utah, where 80% of the state’s N95 respirator stockpile is reserved for medical professionals, police departments are finding their own personal protective equipment. Moab Police Chief Bret Edge had trouble finding masks, and paid $500 for five boxes of surgical masks from Walmart—boxes that usually cost $13. In Provo and Piute County, community members are 3-D printing masks. And in Salt Lake City, officers have tapped into the city’s emergency stockpile. The department also has as decontamination room where clothes and equipment can be disinfected after exposure to coronavirus.

The Wyoming Department of Corrections’ first confirmed case of COVID-19 is a staff member for the Women’s Center in Lusk. Four other corrections staff are self-quarantining but have not shown symptoms of infection. The WDOC said the staff person’s access inside the Women’s Center was very limited and did not create a heightened risk of infection for the incarcerated women. This is the first case confirmed in state prisons and the third in correctional facilities in Wyoming—one child held at the Regional Juvenile Detention Center in Casper tested positive, as did a person held at the Washakie County Jail. 

The New York Department of Corrections and Community Supervision (DOCCS) reported that 581 employees and 139 incarcerated people have confirmed cases of COVID-19, up from 319 employees and 55 incarcerated people on April 6. Roughly one in 50 DOCCS staff have contracted coronavirus, compared to one in 100 New Yorkers. DOCCS has not disclosed which facilities have confirmed cases, but did say that all non-essential transfers between facilities have been suspended. Governor Cuomo was asked this weekend whether he planned to take any additional steps to protect incarcerated people from the spread of infection inside state prisons. “Not anything new, no,” he replied.

The average daily population at the Umatilla County Jail has dropped to 160 in recent weeks, down from its usual average of 212. The facility also houses people arrested in Morrow, Union, and Wallowa County, and Umatilla County Sheriff Terry Rowan credits local law enforcement agencies throughout Northeastern Oregon for playing a role in keeping the population down. District Attorney Dan Primus said his office has also pursued conditional releases for people charged with misdemeanor theft, drug possession, or failure to appear. Fewer than 40 people are in the jail awaiting trial, most of whom are charged with violent offenses.

April 14

Associated Press: Washington to release almost 1,000 inmates amid outbreak

WDTN 2 News: Rep. Plummer will help guide next COVID-19 stimulus package

Washington Governor Jay Inslee announced that he would use his executive authority to release up to 950 medically vulnerable people who have already served the majority of their sentences and who were convicted of nonviolent offenses. Some people will be released into a modified reentry program, while others will have their sentences commuted. On Friday, in response to an emergency motion filed by people held at the Monroe Correctional Complex, the Washington Supreme Court ordered Inslee and Corrections Secretary Stephen Sinclair to “take all necessary steps to protect the health and safety of the named petitioners and all Department of Corrections inmates in response to the COVID-19 outbreak.”
 
One in 190 South Carolinians has been tested for coronavirus. In state prisons, only 14 people, or one in 1,300, have been tested. Twelve results have come back negative and two are pending. Twenty-six employees of the South Carolina Department of Corrections (SCDC) have tested positive. SCDC Director Bryan Stirling said officials are following testing guidance from the Centers for Disease Control and Prevention and isolating people who exhibit coronavirus symptoms. Stirling also told The Greenville News incarcerated people are cleaning their cells every two hours each day, and they will be provided with two masks each once supplies arrive.  
 
Cascade County District Judge Elizabeth Best denied a motion to release a person from the county jail because of the risk of contracting COVID-19. Best said she and other judges are working to keep people accused of low-level offenses out of jails, but the Montana legislature would need to fund a pretrial supervision program before more serious offenders could be safely released. The Cascade County jail is over capacity by 21 people. Thirty-seven of the men and women being held there have been convicted and would normally be transferred to the Montana State Prison or Women’s Prison, but the Department of Corrections is not accepting new admissions.
 
Timothy Kozal is the police chief and fire chief of Manistee, Michigan, and for the past few days, he’s also worked as a patrol officer. Half of the police force is out—three officers have tested positive for COVID-19 and three others are in self-quarantine. Michigan State Police and other neighboring agencies have stepped in to help with service calls, but small police departments across the country are struggling to deal with outbreaks or prepare for absences. Moody County Sheriff Troy Wellman’s department patrols 6,500 people over 550 square miles in South Dakota. “We’re not overly populated. We do have distance,” he said. “The other side of that is if it does hit us, it could potentially wipe us out.” 
 
Governor Larry Hogan has resisted calls to release people from Maryland’s prisons, saying “they’re safer where they are.” But at the Dorsey Run Correctional Facility, thirty men sleep in a 70 foot by 25 foot open dorm with single and double bunks a few feet apart. They share toilets, sinks, and showers with another dorm, and at least half a dozen correctional officers come through each day. At the Hagerstown Correctional Facility, the Army Corps of Engineers is converting a deactivated wing into a field hospital for incarcerated people. And at the Jessup Correctional institution, 13 officers, 10 contract employees, and 10 residents have tested positive for COVID-19, and one incarcerated person died Saturday after several weeks of hospitalization.
 
The Vermont Department of Corrections launched a coronavirus testing tracker, with breakdowns of test in progress, completed negative and positive tests, and the number of people in medical isolation or released from isolation. As of Monday at 10 am, 206 incarcerated people have been tested, 174 have tested negative, 32 have tested positive, 40 people are in medical isolation, and 9 have been released from isolation. The tracker also includes information on positive test results for DOC staff—18 employees have tested positive, 17 of whom work at the Northwest State Correctional Facility. All state facilities are on a modified lockdown, allowing for only limited movement of small groups of people.

April 13

Center Square: Efforts to stem spread of COVID-19 in Pennsylvania prisons see targeted releases

Suffolk County Sheriff Errol Toulon Jr. said New York’s bail reform allowed him the space to create a 14-day quarantine facility for new admissions to the county jail. Between March 2019 and March 2020, the population at the county’s Riverhead facility dropped 34.9%, from 521 to 339 people. The Yaphank jail population dropped 56.2%, going from 666 to 292. Nassau County Sheriff James Dzurenda said bail reform freed up space to allow 19 people who have coronavirus to be separated from the general population. Nassau County’s jail has a capacity of 1,500 and held 632 people this week, the lowest population in years. “We had to open up a housing unit for people in isolation,” Dzurenda said. “We had to build an infirmary, and because of bail reform, we had the space.”

Oklahoma Governor Kevin Stitt commuted the sentences of more than 450 people held in state prisons, most of whom were serving time for drug possession. Those who are being released from a facility with known coronavirus cases will be asked to self-quarantine for 14 days. “In these unprecedented times,” Stitt said, “we must take action while safeguarding our Department of Corrections staff, inmate population and the public.” According to the Oklahoma Department of Corrections, six facility staff members, one probation and parole officer, and one incarcerated person have tested positive for COVID-19. 

Connecticut Chief State’s Attorney Richard Colangelo told the Connecticut Mirror that COVID-19 should be first and foremost when prosecutors are taking a position on a defendant’s bail. His office began reviewing cases of people held on misdemeanor offenses, and gradually looked at more serious cases—people held on less than $11,000 bond, then $25,000. They are now reviewing cases of people held on less than $35,000 bond. Colangelo said he’s reminded Division of Criminal Justice employees and state’s attorneys “…that if you’re sending somebody in the prison, you could be putting somebody that is infected into it, or entering the disease into the prison, so the prison has to segregate those new people that are coming in and deal with that as an issue.”

Washington Governor Jay Inslee said he is reviewing cases for early release, focusing on people who are convicted of nonviolent offenses who are near the end of their sentences and have comorbidities for COVID-19. The announcement came after a disturbance at Monroe Correctional Complex, where six incarcerated people have tested positive for coronavirus. Residents protested after being told to move into tiers that they did not believe were properly cleaned after infected people were moved out. They were offered McDonalds burgers as an incentive to move on Tuesday but some refused. On Wednesday, after people shot off fire extinguishers and trashed living spaces, officers used pepper spray and sting balls, and sent 18 people to segregation pending an internal investigation.  

A staff member at the Lemon Creek Correctional Center tested positive for coronavirus, the first confirmed case in Alaska state correctional facilities. Seventeen people incarcerated in state facilities have been tested, 11 have come back negative and six were still pending on Friday. Corrections officials said they were working with the Alaska Section of Epidemiology to identify the source of the virus. Visitation and “all non-essential activity,” including volunteer programs, were halted in mid-March. Corrections Commissioner Nancy Dahlstrom said facilities were following CDC guidelines to prevent the spread of infection inside their institutions, and all staff and residents have been issued cloth masks. 

 April 10

Oregon Governor Kate Brown has asked state and local corrections officials for information on incarcerated people who could be safely released early. According to an email from Washington County Community Corrections Director Steve Berger, Governor Brown requested counts of all people with approved post-release residence or who are within eight weeks of release. She also asked for counts of people who are not convicted of Measure 11 offenses who are medically vulnerable, over the age of 60, or have served half their sentence and are within six to twelve months of release. The Oregon Department of Corrections said last week it had identified 817 medically vulnerable people but some have been convicted of Measure 11 crimes and might not be considered for release under Brown’s criteria.

After the first confirmed COVID-19 cases of incarcerated people in the Delaware prison system, the Department of Corrections announced a series of steps to prevent further spread. Officials at the James T. Vaughn Correctional Center in Smyrna have moved all residents from the housing unit where people tested positive to a building across the compound, and are conducting screenings twice daily. Face masks will be issued to all incarcerated people in infirmaries, those who are immunocompromised, and some who have institutional jobs, including food service. Officers assigned to quarantine housing units are authorized to wear face shields, masks, and gloves. They will also use a specialized fogging machine to sterilize housing units, common areas, and workspaces, in addition to multiple daily cleanings, and food will be served on single-use paper products.

To allow for social distancing while receiving opioid treatment, Washington guidelines now allow older or otherwise medically vulnerable patients to take home up to two weeks of medication. People who had received daily doses at a clinic can now receive two days of medicine at a time. And check-ins with doctors can be done on a secure video call, rather than having to come into a clinic. With these new policies, they’ve been able to continue treatment for 12,000 people across 29 treatment facilities. Washington State Healthcare Authority Deputy Chief Medical Officer Dr. Charissa Fotinos, who helped draft the guidelines, is hopeful these relaxed policies will continue after the crisis. “Maybe this will calm the fear around managing people with substance-use disorders,” she said. “If we put the same restrictions around people’s insulin and blood-pressure pills, people would be dead in the street.” 

Twenty-nine employees, 15 incarcerated people and 10 jail health-care contractors have tested positive for COVID-19 at the jail in New Orleans, Louisiana. Public defenders in the parish are working to get their clients released, but also confronting the possibility of drastically reduced budgets. While prosecutors are funded by the state and from parish budgets, public defenders are not considered state employees, and a fine added to traffic tickets funds nearly two-thirds of public defense across the state. Decreased driving under a stay-at-home order and fewer people being stopped for minor offenses—a strategy the public defenders support—have combined to create a major budget shortfall. Derwyn Bunton, chief public defender for the city of New Orleans, said his office faces an $800,000 shortfall, and 18 of the state’s 44 district public defender offices are struggling to remain solvent before the end of the fiscal year in June. 

Ninety-six people were granted parole and released from Virginia prisons in March, a 1,271% increase from March of 2019. General parole was abolished in the commonwealth in 1995. Only 2,351 of the state’s 30,000 prisoners qualify for consideration, either because they were convicted before 1995, or because they qualify for geriatric parole, being at least 65 and having served five years, or at least 60 and having served 10 years. Of the 2,351, more than 90% were incarcerated for violent offenses. The General Assembly passed two bills that would expand the pool of parole-eligible people starting in July. Northam signed one, which allowed people who committed crimes as juveniles to be eligible for parole after serving 20 years. The other, which would allow parole for people sentenced between 1995 and 2000 whose jury was not told parole had been abolished, has not been signed but Northam has previously said he supports it.  

April 9

Q13 Fox: Governor considers early release for inmates over coronavirus concerns

A new set of regulations issued by the Small Business Administration (SBA) excludes small business owners with criminal records from loans offered under the CARES Act. The text of the law did not include any specifics about criminal records. The SBA says business owners can’t receive a Paycheck Protection Program loan if they are facing criminal charges or have a felony conviction in the past five years, and the application goes even further—asking about pleading “no contest,” participating in a diversion program, or spending any time on probation or parole in a felony case. The application for disaster loans asks a three-part question about criminal history, but only allows yes or no answers and gives no space to specify the nature or date of the offense.
 
On March 1, there were 4,100 people being held in the Tarrant County Jail in Fort Worth, Texas. On Monday, there were 3,379.The reduction is the result of collaboration between judges, defense attorneys, the District Attorney’s Office, Community Supervision and Correction officials, and the county jail. There are no confirmed cases of COVID-19 inside the county’s three jail facilities, either among staff or incarcerated people. Sheriff’s Office spokeswoman Lt. Jennifer Gabbert said incarcerated people who could have COVID-19 are held in negative air-flow cells while their test results are pending, and all staff who deal directly with people who may be infected are required to wear personal protective equipment.
 
At a news briefing Tuesday, Arizona Governor Doug Ducey ruled out any early releases for elderly or medically vulnerable people being held in Arizona prisons. A coalition for advocacy groups wrote to Department of Health Services Director Dr. Cara Christ, raising questions about whether adequate hygiene supplies were being distributed to incarcerated people, and whether health care checks for staffers were being consistently conducted. They also noted that corrections officials have called for weekly deep cleaning of housing areas, rather than following CDC guidelines for daily cleanings of shared surfaces. According to Governor Ducey, 49 incarcerated people have been tested for COVID-19, 42 were negative, and the rest are still pending. The Department of Corrections has not answered questions about the number of employees who have tested positive. 
 
Seventeen people serving sentences for low-level, non-violent offenses have been released from the Erie County Jail in Buffalo, New York. All of those released had fewer than 45 days left in their sentence. “In the interest of justice and public health, I believe it is best for these defendants to serve the remainder of their sentence at home,” Erie County District Attorney John Flynn said in his announcement. Flynn said he would revisit additional releases if the crisis continued into May. According to the Sheriff’s Office, no one being held at the county jail has met CDC criteria for testing, though several jail employees have tested positive and are in self-isolation.
 
Kansas Governor Laura Kelly said she is working with the Department of Corrections to identify “quite a few” people who can be released early. The announcement came after the first confirmed cases inside a Kansas prison, at the Lansing Correctional Facility. Kelly said they were looking for people who “have what it takes” to successfully reintegrate, including viable plans for a place to live. Kelly also emphasized that community stakeholders and local officials would be notified before anyone was released. At least nine employees and eight people being held at the Lansing Correctional Facility have tested positive for COVID-19; there are no reported cases at any other Kansas prisons.

April 8

An emergency rule adopted by the California Judicial Council willreduce bail to $0 for most misdemeanors and some low level felonies. The rule applies statewide, goes into effect next week, and will expire three months after emergency orders related to coronavirus are lifted. The temporary bail schedule was approved unanimously in a virtual, emergency council meeting Monday afternoon. The council also voted to allow courts to conduct more video or remote proceedings with the consent of defendants, and tolled the statute of limitations for all civil causes of action.  

In Ohio, Governor Mike DeWine announced his administration is asking the correctional institution inspection committee to grant an emergency release to 141 incarcerated people who are set to be released in the next 90 days, and recommending the Ohio Parole Board consider parole for 23 incarcerated people who are 60 years or older with chronic health conditions. No one being recommended for release has been convicted of violent or sexual offenses, and none has any serious rule violations during their incarceration.  This announcement comes just days after Governor DeWine recommended judges consider the early release of 38 select individuals, including 23 pregnant or postpartum women, and 15 people over the age of 60 who were approaching release. The total number of individuals Governor DeWine’s administration has recommended for release is now 220.  

Leaders from all three branches of government in Indiana—Governor Eric Holcomb, Senate President Pro Tem Rodric Bray, House Speaker Todd Huston, and Chief Justice Loretta Rush—issued a joint letter encouraging local jurisdictions to safely reduce incarceration. “This is not a question of being soft on crime or criminals, but rather it’s a matter of need in a time of widespread public health emergency affecting our entire State, at the local level,” they wrote. They asked each community to review their facility populations and identify low-risk, non-violent juveniles and incarcerated adults who can be transferred to pretrial supervision, probation, or community corrections. Some counties have already started to decrease jail populations—Marion County’s three facilities went from 2,130 on March 17 to 1,582 on April 3. And in early March in Hancock County, the average daily jail population was 230. On Monday, it was around 150.

New Mexico Governor Michelle Lujan Grisham issued an executive order allowing for the early release of some incarcerated people who are set to be released in the next 30 days. In order to be eligible, a person must already have a parole plan in place, and cannot be serving a sentence for driving while intoxicated, domestic abuse, assault on a peace officer, or any enhanced sentence for use of a firearm. Sex offenders are also not eligible for early release under this executive order. Between 10 and 12 people were set to be released Tuesday, and the list of recommendations will be revised each day. Chief Public Defender Bennet Baur called it “a good start,” but noted it was a limited group, and there were still people incarcerated who do not pose a threat to public safety.

More than two-thirds of coronavirus cases in North Carolina’s Vance and Granville Counties are from Federal Correctional Complex Butner. Over the weekend, Public Health Director Lisa Macon Harrison reported 59 confirmed cases from the federal prison complex, while the Bureau of Prisons showed only 12 cases until Monday night, and still shows only 57 cases, including staff.“We certainly have an outbreak situation at Butner’s prison,” Harrison told the News Observer. “It is very worrisome. It definitely is keeping me up at night.” Family members of people held at Butner also reported limited phone calls—only five minutes every two days—and reduced access to showers.

Illinois Governor J.B. Pritzker signed an executive order allowingmedically vulnerable people to be transferred to home confinement. The order suspends a 14-day time limit for furloughs and empowers Rob Jeffreys, acting director of the Illinois Department of Corrections, to authorize releases for the duration of coronavirus-related gubernatorial disaster proclamations. The Pritzker administration is facing a lawsuit accusing it of not acting quickly enough to prevent the spread of disease in prisons, and calling for broader releases. A ruling in the case is expected as early as Friday. Sixty-two people incarcerated in Illinois prisons and 40 corrections staffers have confirmed cases of COVID-19, and two people held at Stateville Correctional Center have died.

 April 7

Justice Action Network Applauds Ohio Governor DeWine For Reducing Prison Overcrowding to Keep Ohioans Safe from COVID-19

Washington Examiner: Florida inmates test positive for COVID-19, enflaming fears of a prison pandemic wildfire

Reason: Ohio Governor Says State Will Seek Release of Some Inmates in Response to Coronavirus

The Alabama Department of Corrections (DOC) is planning for a worst-case scenario that would lead to nearly 200 deaths of people in state prisons, and require the National Guard to assist in filling gaps in staffing. The 2020 Pandemic Continuity of Operations Plan says severe overcrowding and understaffing combined with the physical design of the prisons to make social distancing and quarantining impossible. It also anticipates the state spending more than $2 million on supplies including diagnostic tests, personal protective equipment, medication, and body bags. Two DOC employees have tested positive for coronavirus and nine tests for incarcerated people are still pending.

A USA Today analysis of crime data from 53 law enforcement agencies in more than 20 states found a dramatic reduction in calls for service, crime incidents, and arrests in the last two weeks of March. One exception to the trend was calls for domestic violence—daily average domestic violence related calls for service went from 27 to 39 in Montgomery County and from 82 to 98 in Tucson, Arizona. Residential burglaries and thefts have decreased with fewer homes unoccupied or stores open, and significant drops in traffic and in-person stops have contributed to declines in drug offenses and DUIs. “It’s not that we’re not enforcing the [the law],” said Gainesville, Florida Police chief inspector Jorge Campos. “It’s that we’re finding alternative ways of dealing with the issue rather than make arrests.”

Governor Mike DeWine called in the Ohio National Guard on a medical mission to Federal Correctional Institution Elkton. Three people incarcerated at the federal prison in Columbiana County have died and dozens more are showing symptoms. Service members will not be armed or work in security, but instead will work in the prison infirmary and bring equipment and ambulances. Governor DeWine also asked federal authorities to halt the intake of new incarcerated people at Elkton. The facility is one of three designated by the Department of Justice for expedited transfer of medically vulnerable people to home confinement, along with FCC Oakdale in Louisiana and FCI Danbury in Connecticut.

The number of people booked into Oklahoma County jail in March dropped by 18% compared to March 2019, going from 1,528 to 1,248. Emergency calls increased slightly over the same time period, from 52,642 in March 2019 to 53,816 last month. A spokesman for the Sheriff’s office attributed the decline to coronavirus-related releases, fewer people being booked on warrants, and fewer arrests coming from police agencies. “You add all those things together, and that’s why you’re seeing the dip,” he said. “It was a team effort.”

Larimer County, Colorado temporarily released all 142 people serving time in the Alternative Sentencing Division. They will finish their sentences in community service or work programs at a to-be-determined date. The county used that newly available space for isolation and quarantine for people in community corrections programs. In Eagle County, jail staff are identifying people with less than 30 days on their sentences and encouraging them to contact attorneys and judges to petition for early release. They started screening new admissions three weeks ago, and have taken steps to reduce face-to-face interactions. “We’re just making the assumption that everybody has been exposed and could be positive—we’re taking those precautions,” jail administrator Greg Van Wyk said.

As of Friday, there were 633 people being held in the Milwaukee County Jail, and another 733 in the House of Correction in Franklin, down from a typical combined population of 1,800. In a joint interview with the Milwaukee Journal Sentinel, Chief Judge Mary Triggiano, Deputy Chief Judge Carl Ashley, District Attorney John Chisolm, and Public Defender’s Office supervisor Tom Reed described their collaboration to reduce incarceration levels in the county. Staff from the District Attorney’s and Public Defender’s offices review cases daily to identify people who they can recommend be released from the county jail. And, last week, Triggiano permanently stayed the sentences of 42 people and ordered their release as efficiently as possible. “I can’t stress enough how cooperative the system partners have been to facilitate this,” Ashley said. “We talk, review process and parameters. All judges chime in on what they think.” 

April 6

Ohio Governor Mike DeWine announced Friday that his administration would ask judges to consider the early release of dozens of people who are pregnant, elderly, medically vulnerable, or near the end of their sentence. Only people serving time for nonviolent, nonsexual offenses were recommended for consideration. DeWine said he wanted to instill “local control, and a local input,” and asked judges in the community where the person was convicted to review each case and make a final decision on release. “Yes, we could look at additional [cases],” DeWine said. “But we want to take this very carefully.”

Washington County Associate District Judge Russel Vaclav checks in with the county’s drug court program participants in a park in Bartlesville, Oklahoma. “We have them line up and wait their turn,” Vaclav said. “Much like the Chick-fil-A drive through. We wave them on, one car at a time.” Judges across the state have worked to find alternative arrangements for court appearances, most moving to video conferences or phone calls. Oklahoma County District Judge Kenneth Stoner is rolling out a texting program to allow him to reach all of the participants he monitors at once with announcements, encouragement, and recognition. “Drug court is a process of sharing stories, sharing accomplishments,” Stoner said. 

Nearly 300 people associated with the Chicago’s Cook County Jail have confirmed cases of coronavirus, including 221 detained people and 70 staffers. Employees told CBS News that until late March, staff were given no protective gear, and they were now only supplied with a single pair of gloves each day and being asked to supply their own personal protective equipment. The sheriff’s office denied allegations that staff and incarcerated people are not being given adequate cleaning supplies, and said they had ramped up cleaning protocols throughout the facility. They also said they had established a 500-bed quarantine facility, and are working to move people from double to single cells.  

The Rhode Island Supreme Court approved the release of 52 people who were set to be released within 90 days. The public defender’s office had filed an emergency petition arguing that the release of 76 people would decrease health risks for incarcerated people, correctional officers, and the general public. After negotiation with the attorney general’s office and the Department of Corrections, a joint list of 52 people deemed appropriate for immediate release was submitted to the court. Two Rhode Island corrections officers have tested positive for COVID-19, but there are no cases among people incarcerated in state facilities as of Friday.

Two hotels near the Oakland airport are being used to house homeless people who have been released from jail under emergency orders. Governor Gavin Newsom signed an executive order allotting $50 million to lease hotel rooms or buy trailers for homeless people, including those released from jail. Oakland’s agreement allows them to lease nearly 400 rooms in two hotels, and negotiations for similar arrangements are taking place in San Diego and San Francisco. “Being placed in a motel room means having your own living space, your own shower, your own bed, it allows you to self-isolate,” said Eve Garrow of the ACLU of Southern California. “Honestly, I feel that it will save lives.”

April 3

Cincinnati Enquirer: Coronavirus in Ohio: State might release 38 prisoners of nearly 49,000 incarcerated

Kentucky Governor Andy Beshear took action Thursday to reduce prison overcrowding to protect all Kentuckians from the spread of COVID-19. As a first step, he announced the commutation of 186 people who are elderly or have pre-existing medical conditions that make them more susceptible to the virus. Additionally, Secretary of the Cabinet J. Michael Brown announced another 743 people could be released as early as next week—-all of whom are within six months of the end of their sentences for non-violent, non-sexual offenses. All releases will be screened for COVID-19 symptoms and must quarantine for 14 days. There are currently no reported cases of the virus in the state prison system. Gov. Beshear's action answered the call of numerous groups from the far right to the far left urging him to safely reduce jail and prison overcrowding to protect prisoners, correctional officers, and surrounding communities.

The Supreme Court of Hawaii appointed retired Intermediate Court of Appeals Judge Daniel Foley to serve as a special master tasked with expediting the safe reduction of population levels in the state’s jails. The Office of the Public Defender had petitioned the court for the release of more than 400 people to prevent the spread of COVID-19 at community correctional centers. In their ruling, the Supreme Court noted that an outbreak in community corrections centers would endanger incarcerated people, staff and service providers, and the community at large, while taxing limited resources of hospital beds, ventilators, and personal protective equipment. In addition to appointing the special master, their order suspended the custodial portion of intermittent sentences until the end of the COVID-19 pandemic.

Nebraska Department of Correctional Services (NDCS) Director Scott Frakes announced that all staff members in the agency’s prisons, office buildings, and warehouses will be required to wear face masks while at work. The order also applies to employees of Cornhusker State Industries. Anyone with business inside NDCS buildings, including contractors, vendors, attorneys, and members of the Board of Parole, will also be asked to wear masks before entering. The masks are manufactured by incarcerated people working for Cornhusker State Industries, who have also made more than 960 gallons of hand sanitizer. “The landscape is changing daily in terms of new information that we receive about this illness and how best to prevent it,” said Director Frakes. “NDCS will do what is necessary to stay one step ahead of the curve.”
 
The Mississippi Department of Corrections has suspended in-person check-ins for people on probation, parole, house arrest, or other forms of community supervision through at least April 17. Instead, check-ins can be completed by phone, email, or video chat. They also do not need to speak with their assigned agent, but can report in with their name, Mississippi Department of Corrections identification number, address, phone number, and other relevant information. 

Officials from the Oregon Department of Corrections announced Wednesday that an employee of the Oregon State Penitentiary had tested positive for COVID-19. This is the first confirmed case in the Oregon prison system. They confirmed that the employee had contact with incarcerated people and staff, and said they have notified staffers who came into close contact with them. Across town at the Marion County jail, two sheriff’s deputies who worked in booking have tested positive, and the sheriff’s office has ordered tests for all people currently held in the jail, as well as two other deputies who are ill. It’s unclear when those tests will be available.

The New York State Department of Corrections and Community Supervision has changed its policy and will allow staff to wear masks inside correctional facilities. The DOCCS will only issue masks for people whose duties make them a medical necessity, but will allow others to bring their own. Officials said incarcerated people under quarantine would also be issued surgical masks to lessen the threat of secondary transmission. The New York State Corrections Officers and Police Benevolent Association purchased 22,000 N95 masks and will distribute to corrections staff. Their president, Michael Powers, has tested positive for COVID-19 and is quarantined at home. 

April 2

Refinery29: Federal Prisons Will Strictly Isolate Inmates—But Is That Enough to Protect Them?

Michigan Governor Gretchen Whitmer signed an executive order this week aimed at protecting vulnerable populations inside the state’s jails, prisons, and juvenile detention centers. The order suspends provisions of the Jail Overcrowding Emergency Act to allow local officials to release people who do not pose a threat to public safety, and temporarily suspends transfers to and from Department of Corrections facilities. Whitmer also directed the State Budget Office to seek a legislative transfer to reimburse jails for holding people who would otherwise have been transferred to state custody. “The health and safety of all Michiganders remains our top priority during this public health crisis and that includes those incarcerated in our jails and juvenile detention centers,” Whitmer said.
 
Two more people incarcerated at FCI Oakdale in Louisiana have died of COVID-19, and the Bureau of Prisons announced that people in the facility who exhibit symptoms will no longer be tested, but will be presumed positive. Seven people had already tested positive, and dozens more are quarantined. A spokesman for the BOP would not disclose the number of presumed positive cases or hospital transfers. Current cases appear to be confined to FCI Oakdale 1, but guards and staff travel between other facilities in the complex, including a minimum security satellite camp where people are housed in two dormitories of 70 bunk beds each. “We sleep not even 3 feet apart from each other in bunk beds!” one person held at the Oakdale camp wrote. “We are sitting ducks in here!”
 
In an effort to help state prisons deal with coronavirus, the Georgia Board of Pardons and Paroles is reviewing cases for early release. To be considered, people must be incarcerated for a nonviolent offense, and be within 180 days of their tentative parole date or 180 days of completing their prison sentences. The board review could lead to the release of up to 200 people in the next 30 days. According to a tracker from the Georgia Department of Corrections, 14 incarcerated people and 13 staff members have confirmed COVID-19 cases, and one man who was held at Lee State Prison has died.
 
The union representing correctional officers at the D.C. Central Detention Facility asked to join a lawsuit filed by the ACLU and the Public Defender Service against the D.C. Department of Corrections accusing the city of “flagrant disregard of basic public health measures to limit the spread and severity of a COVID-19 outbreak inside the D.C. Jail.” They allege that medical attention and testing are being denied and delayed, and that staff and residents are not provided with sufficient gloves, masks, and cleaning supplies. Cpl. Jannease Johnson, a 29-year veteran with the Department of Corrections, told reporters there was “no true quarantine,” and staff have not been told which incarcerated people have tested positive or who was in contact with them.  
 
A bipartisan coalition of national and state advocacy groups asked Kentucky Governor Andy Beshear to transfer medically vulnerable incarcerated people to home confinement, reduce pretrial detention, and release people near the end of their sentences. Nearly 24,000 people are serving felony sentences in Kentucky prisons and county jails, and 15% of them are over the age of 50. Beshear said he was reviewing draft plans and hoped to put them in place this week. “It’s taken more time than I would like it to,” said Beshear, “but we’re still working through that process.”  The letter, signed by 18 groups from across the political spectrum, is available here.
 
Unless a matter is deemed an emergency, all court proceedings in Ada County, Idaho, will be conducted via video or phone. Rather than transporting people between the courthouse and jail, people in the jail are moved from housing units to conference rooms set up with video and audio recording systems. For those who cannot leave the housing area, hearings are conducted via smartphone. At the U.S. District Courthouse in Boise, only “essential hearings” continue, and are conducted with no more than 10 people physically present in the room, and a minimum distance of six feet between each person. All grand jury proceedings and jury trials scheduled to start before May 11 have been suspended, and all in-person meetings before May 11 will be rescheduled or conducted by video or phone.

April 1

The Washington Post: Trump and governors can slow the spread of covid-19 in prisons and jails

The Times-Picayune: Federal inmate advocates plead for release in face of 2 deaths at Oakdale prison

Lawyers for California Governor Gavin Newsom told federal judges Tuesday he will grant early release to 3,500 people in state prisons who are scheduled to be released over the next 60 days. The releases will be conducted within the next several weeks, and only apply to people serving time for nonviolent offenses who are not classified as sex offenders. A court hearing on an emergency motion to provide broader releases and protective measures for older or medically vulnerable people is scheduled for Thursday. California also began using touch thermometers this week to screen employees as they enter correctional facilities—170 were found to have high temperatures and turned away, while another 886 called in sick.  

Dr. Hansel Tookes, of the University of Miami’s Miller School of Medicine division of infection diseases, has been lobbying Florida’s Agency for Health Care Administration to adjust requirements for people to get refills of medication used to treat addiction. Many of those requirements—in-person drug screening, group therapy, doctors’ appointments—are not accessible to people who are sheltering at home, or not advisable to people with age-related or medical vulnerabilities. Tookes warned that people who run out of their medications may overdose on street drugs, and end up in already-overcrowded emergency rooms.

Incarcerated people and their family members told The Salt Lake Tribune this week that hygienic measures are not being followed inside Utah state prisons. In a geriatric unit at the Draper prison, where hand sanitizer is banned, people were given small hand soaps and the same allotment of cleaning solution they were given before the COVID-19 crisis. Guards are not wearing masks or gloves, and people still stand close together in lines to get their meals. “We have no choice in here,” one man being held at Gunnison said. “We have no choice but to be close to each other.” To help provide more space, corrections officials asked the parole board to approve the release of 80 people who are within 90 days of their scheduled release, and  are working with the parole board to identify more people whose release “would not jeopardize their successful completion of evidence-based programming or compromise public safety.”  

At Illinois’ Stateville Prison, 77 incarcerated people are in isolation after exposure to COVID-19, 12 people are hospitalized, and one has died. More than 2,300 people held by the Illinois Department of Corrections are aged 60 or older, including 212 at Stateville. Staff and incarcerated people at seven state prisons have tested positive. At a press conference this week, Governor JB Pritzker announced he was considering early releases for some people convicted of “low-level” offenses, or who are set to be released soon. Illinois does not have medical parole or compassionate release laws, so older and medically vulnerable people can only be released by executive clemency.

Draft legislation being developed in Pennsylvania would allow between 500 and 3,000 people to be released early from state prisons. Priority would go to those who are serving short sentences, typically for non-violent, low-level offenses, and those who are deemed medically vulnerable to infection. After an individual case review, people would be transferred to house arrest or a community corrections center, and those who are successful during their release would be permitted to go through parole in the community. The legislation is being drafted in cooperation with the Office of the Victim Advocate and representatives of the state’s district attorneys.

March 31

The Washington Post: ‘No such thing as social distancing’ when you’re incarcerated

Crime in the city of Los Angeles is down significantly compared to March of last year—violent offenses declined by 14% and property crime was down 12%. The only increases in crime were vehicle theft, which was up 10%, and rape, which increased by 2%. Crime was also down 6% in areas patrolled by the Los Angeles County Sheriff’s Department. These reductions in crime came along with a significant reduction in the county jail population—nearly 1,700 people had been released by early last week, and the Sheriff’s Department, District Attorney, and Public Defenders are working on identifying additional people they believe can be safety released. Preliminary data also showed significant reductions in crime in San Francisco, Detroit, and Chicago. 
 
Close to 5,000 employees of the New York Police Department were out sick on Sunday, roughly 13% of the total force. Police Commissioner Dermot Shea said he expected confirmed COVID-19 cases to reach 900 on Monday. Three members of the NYPD have died of coronavirus—one uniformed officer, one administrative aide, and one cleaner. In Detroit, one fifth of the police force is quarantined, 39 have tested positive for coronavirus, and two people have died—a homicide captain, and a 911 call taker. “Police stations and precincts tend not to be designed in a way to make social distance easy and it’s not really a part of the culture,” Detroit Mayor Mike Duggan said, “and we’re going to have to dramatically change the way that we are doing this.”
 
The Pennsylvania Department of Corrections is providing all people held in state prisons with five free 15-minute phone calls and 5 free emails each week, as well as 12 one-ounce first class letters per month. They have also increased commissary caps from $70 to $100 per week, and waived medical copays for treatment of flu-like symptoms.  The DOC posted a COVID-19 dashboard, which shows up-to-date policies for staff, incarcerated people, facilities, and community corrections. The dashboard includes information about COVID-19 cases inside correctional facilities—one person at SCI Phoenix has tested positive. 
 
There are twenty-five members of the Conneaut Police Department in northeastern Ohio, and 16 are in self-isolation. Taylor Cleveland, who went from detective to acting chief of police in the past two weeks, said the town was typically busy with drug-related crimes, but that the call volume has been “next to nothing” during this crisis. “We expected to have a huge uptick in call volume and crimes, but people are really coming together to act responsibly in the face of crisis, and that’s pretty amazing.” Advocacy groups have asked Governor Mike DeWine and other and other members of his administration to quickly and safely reduce incarcerated populations, but Governor DeWine indicated that he was not considering releasing people from prisons, and said officials “have done everything to keep the virus out of prisons.” An employee at the Marion Correctional Institution tested positive on Sunday.
 
In an executive order, Texas Governor Greg Abbott barred personal bonds for anyone convicted or arrested on charges involving violence or the threat of violence, even if those are not the charges for which they are currently jailed. His order does not restrict cash or secured bonds for people with the same criminal history or charges. Judges may still consider a release for health or medical reasons after notifying the district attorney and giving an opportunity for a hearing. The announcement came the same day as the first confirmed case of coronavirus in the Harris County jail, where as many as 500 people may have been exposed, and 30 people are showing flu-like symptoms.

Since last week, 182 people have been released from the Lancaster County Prison in Pennsylvania. Prison officials have identified people who are over the age of 55, have elevated health risks, are within 60 days of their scheduled release, or are being held with low bail amounts to be evaluated for early supervised release in cooperation with the district attorney’s office. Only people charged with nonviolent offenses are being considered. One person is being held in a 14-day quarantine at the prison after being suspected of having contacted the coronavirus, though test results were negative. 

March 30

Coalition Letter to Kentucky Governor Andy Beshear

In Mississippi, the Jackson Police Department (JPD) has changed its policing strategy and will not arrest people who are charged with misdemeanors. Instead, they will be detained briefly, given a field release form, ticket, and field review form. Just days earlier, the JPD said it would not implement changes to arrest policies, telling the Jackson Free Press they would take additional hygienic protections but that “Crime continues to go, and we still have to police it the way that we normally do.” The policy change was announced the same day that Police Chief James Davis disclosed that a police officer had tested positive for COVID-19 and would be self-isolating.
 
The Orleans Parish District Court issued a blanket order calling for the immediate release of people jailed while awaiting trial for a misdemeanor offense or for contempt of court, failure to appear at a probation status hearing, or failing a drug screening while on bond. Those released under the order must report back to court within 10 days of the resumption of normal court functions. Orleans Parish Sheriff Marlin Gusman also asked the court to consider the release of “any non-violent individuals without a prior criminal history,” and to stop issuing warrants for nonviolent people for 30 days.
 
Nearly 500 people have been released from the Allegheny County jail since March 16, a reduction of more than 22% of the jail population since the beginning of the month. Of the remaining 1,725 people being held, 198 are serving county sentences, 339 are being held for another jurisdiction, and 725 are detained by adult probation, though Presiding Judge Kim Berkeley Clark noted that more than 75% of probation detainers were for new charges, not just technical violations. The high number of releases meant the pretrial services division was unable to provide equipment for electronic home monitoring, and officers are coming up with creative work-arounds, including asking for selfies showing people with their home addresses.
 
A new platform from the California Department of Corrections and Rehabilitation (CDCR) and California Correctional Health Care Services (CCHCS)  allow people to track COVID-19 inside the state’s prisons. Data is updated several times a day, and provides nearly-real-time statistics on people tested or undergoing testing, confirmed cases, recoveries, and deaths, with each data point broken down by correctional facility. So far there have been 206 tests, with three confirmed cases—two at a state prison in Los Angeles and one at the California Institute for Men in Chino.
 
Patrick Jones was the first person in the Federal Bureau of Prisons to be diagnosed with COVID-19, and this weekend he became the first person in the federal system to die of it. Jones was serving a 27-year sentences for possession with intent to distribute crack cocaine within 1,000 feet of a junior college. At least 60 incarcerated people at the facility where Jones was held, FCI Oakdale in Louisiana, are in quarantine, and some staff are self-quarantining at home. Corey Trammel, a union representative for the facility’s correctional officers, said he had asked for specialized medical teams to deal with the outbreak and more robust protective gear, particularly for staff who are transporting people to hospitals. “We don’t know how to protect ourselves.” Trammel told the Washington Post. “Staff are working 36-hour shifts—there’s no way we can keep going on like this.”
 
The number of people held in Kentucky while awaiting trial or serving time for misdemeanor sentences has dropped by 28%, going from 11,624 to 8,415 in the span of two weeks. Public Advocate Damon Preston said 1,379 people had been freed from county jails without motions, “thanks to the many prosecutors and judges who are also concerned about the potential threat to incarcerated persons.” The state prison population has only declined 1% over the past two weeks, and Preston said reducing the prison population would require action from the governor or parole board.  
  
March 29

MSNBC: Holly Harris: Prison overcrowding is ‘a death sentence’ during coronavirus

March 27

Over 400 Former Federal Prosecutors, Judges and Justice Department Officials Urge Trump to Combat COVID-19 With Criminal Justice Reform

The Tennessee Supreme Court issued an order extending limitations on in-person court proceedings through April 30, but ensuring that courts remain open for critical functions. Bond-related matters, preliminary hearings and plea agreements for people who are incarcerated, proceedings related to vulnerable persons and children, hearings necessary to protect public safety, and those related to the COVID-19 public health emergency will continue. The order also directs the presiding judge in each judicial district to submit a plan for how to reduce their local jail populations, and make reductions where possible. “Reduction in local jail populations is a critical component in controlling the spread of COVID-19,” Chief Justice Bivins said. “There are low-risk, non-violent offenders who can safely be released and supervised by other means to reduce local jail populations. Judges, law enforcement, and attorneys must work together to identify and create an action plan to address this issue.”
 
The Arkansas Board of Corrections voted unanimously to provide expedited parole consideration for 114 people. They invoked the Emergency Powers Act, under which the Department of Corrections is to provide a list of people who are within one year of eligibility for supervised release, and the Parole Board can immediately review those cases. People with disciplinary issues in prison or convictions for violent crimes were not among those being considered for early parole.
 
Jails in King County will no longer accept new admissions for violating community supervision, or on misdemeanors unless the charges involve assault, sex crimes, DUI’s, violation of restraining orders, or other crimes that pose a threat to the public. The order also delays misdemeanor commitment sentences for people not already in jail until after coronavirus restrictions are lifted. “We are working with every partner in the criminal justice system—courts, public defenders, prosecutors, corrections, and law enforcement,” said County Executive Dow Constantine, “to maintain public safety and ensure the health and safety of everyone in our correctional facilities, including our employees who work on the front lines.”

The North Dakota Department of Rehabilitation and Corrections (DORC) is providing two free 15-minute phone calls and one free video communication per month, and providing cable at no charge to encourage social distancing. The DORC also announced that they would waive co-pays for screening, testing, and medical care related to COVID-19 symptoms.

St. Louis City Circuit Attorney Kimberly Gardner and District Defender Matthew Mahaffey worked together to identify people being held in city jails who have significant health issues or are accused of low-level offenses. Fifty-six of the people recommended for release were approved by the 22nd Circuit Court and have been released. “With the assistance of the court,” Gardner and Mahaffey said in a joint statement, “the release of these non-violent individuals provides a benefit for the city, which no longer has to bear the cost of housing them, and for the defendants and their families b mitigating their potential exposure to the [novel] coronavirus.” Gardner also instructed her team to examine cases involving technical probation violations, with an eye toward releasing those who are non-violent and not a threat to the public.
 
The jail population in Salt Lake County has dropped from 2,148 two weeks ago to 1,794 on Wednesday, and up to 200 people will be released this week. Sixty people have been released in Uintah County, another 25 from the Duchesne County jail, and in Weber county, authorities are reviewing all cases of people who are aged 59 or older or immunocompromised, with the expectation that those “within that group who are nonviolent and are determined to be low risk to the community may be released,” said Weber County Attorney Christopher Allred. County-level incarceration reductions sped up after an order from Supreme Court Justice Matthew Durrant, who directed judges to reassess all people held on class B or C misdemeanors for potential release.

 March 26

Barr Weakens COVID-19 Protections for Incarcerated Individuals

The Washington Supreme Court issued a sweeping order to curb the spread of COVID-19 in the state’s justice system. Their order provides for expedited motions for pretrial release and allows people to cite coronavirus in a request to reduce or eliminate bail. The court also ordered judges to prioritize pretrial release and bail modification motions and plea and sentencing hearings that could result in release within 30 days. The order was largely based on an agreement between Snohomish County prosecuting attorney Adam Cornell and Amy Muth, who chairs the defense bar’s COVID-19 task force. “I think in a time of crisis it’s important to bring everyone to the table and to set our adversarial roles aside,” Cornell said.  
 
In Nashville, Tennessee, Davidson County Sheriff Daron Hall identified more than 300 people to be considered for early release, including pregnant women, people over the age of 60, and more than 250 people who are set to be released within a year. Twenty-five were approved for release to probation on Monday, and up to 50 more were expected to be approved by Wednesday. The jail population dropped from 1,241 to 1,135 between March 14 and March 24, and Hall said he would be more confident about his ability to contain a coronavirus outbreak with a population below 1,000. “I’m satisfied with the trend,” Hall said, “I don’t think we’re where we need to be.”

A bipartisan group of criminal justice organizations wrote to President Trump, encouraging him to commute the sentences of people in federal prisons who are elderly, have medical conditions that make them more susceptible to infection, or have suffered the death of a family member who is a primary caregiver to the incarcerated person’s child. The letter cited warnings from doctors and public health experts, who have advised officials to release and prevent the incarceration of people who do not pose a risk to the public. The ACLU, FreedomWorks, Due Process Institute, Justice Roundtable, Justice Action Network, The Leadership Conference on Civil and Human Rights, R Street, The Sentencing Project, and We Got Us Now signed the letter, which was sent to President Trump on Tuesday. 

Nearly 300 people serving less than year-long sentences for misdemeanors or nonviolent felonies will be released from Rikers Island or other city correctional facilities within a few days, New York City Mayor Bill de Blasio announced this week. The city had previously released a few dozen people at a time, many of whom had underlying health conditions that put them at greater risk of infection or serious complications. De Blasio is also working with district attorneys and the state of New York to release another 800 people, most of whom were jailed on technical parole violations; and he called for “anyone over 70 and anyone who has one of these five pre-existing conditions to be released as well.”
 
East Baton Rouge’s jail population is the lowest it’s been in at least 10 years—down to 1,256 as of Friday, from its typical 1,600. Sheriff Sid Gautreaux announced last week that local law enforcement would stop booking people for all nonviolent misdemeanor crimes, and most recent bookings have been limited to serious crimes of violence. The parish district attorney and public defender are also working together to identify defendants who can be released pretrial and cases that can be resolved quickly. “We recognized early in this emergency that the answers would only come from collaboration among all of the criminal justice stakeholders,” District Attorney Hillar Moore III told the Advocate.  

 March 25

The Washington Post: ‘Disaster waiting to happen’: Thousands of inmates released as jails and prisons face coronavirus threat

“Much like nursing homes, jails are susceptible to worse-case scenarios due to the close proximity of people and the number of pre-existing conditions,” wrote Kentucky Supreme Court Chief Justice John Minton Jr. in a memo urging judges and court clerks to help reduce jail overcrowding. Statewide jail populations dropped only 6.2% in the past two weeks, though some jails had shown more significant declines. Kenton County released 100 of the 716 people being held in the detention center and the Jefferson County Detention Center population dropped by 188. Governor Andy Beshear also indicated that his administration was reviewing options to relieve prison overcrowding, including releasing people who were near the end of their sentences.

People deemed “medically vulnerable” or otherwise at high risk of contracting COVID-19, those serving sentences for many misdemeanor cases, and people convicted of some nonviolent felonies are now eligible for early release in Ramsey County, Minnesota. The order expanding eligibility came from Chief Judge John Guthmann, who last week issued an order allowing community corrections to transfer 15 people to home confinement for the duration of their sentences.  
 
The Sacramento County Probation Department asked that all people on probation report by making a phone call to their assigned probation officer, rather than checking in in-person. People without an assigned officer can call the main department line or contact the department via email. A Facebook post announcing the policy change cited the need to comply with stay-home directives from the county, the State of California, and the Centers for Disease Control and Prevention.
 
In an effort to protect police, corrections staff, and incarcerated people, the Sioux Falls Police Department is issuing citations in lieu of arrest for some low-level crimes like shoplifting and driving without a license. “We also have asked officers to consider what additional exposure they might incur given a specific proactive enforcement action, and continually weigh that,” wrote Police Chief Matt Burns. Minnehaha County Sheriff Mike Milstead said deputies are focused on emergency preparation and food distribution, and are not as involved with minor traffic violations: “I think our officers have a lot more important things to do than maybe focusing on minor infractions in particular area.”

The Nevada Department of Corrections is providing up to two free phone calls for people being held inside its 18 facilities. Calls made to exempt numbers, including the Nevada State Public Defender’s Office, will not count toward the free calls. “We recognize the importance for inmates to stay connected with their families and friends,” said NDOC Director Charles Daniels. “These connections are essential to the support needed for an inmate to successfully reenter the community upon their release from NDOC.”

March 24

NPR: As COVID-19 Spreads, Calls Grow To Protect Inmates In Federal Prisons

Coalition Letter: Commute Federal Prison Sentences for Populations Most Vulnerable to Coronavirus

A bipartisan group of U.S. Senators, led by Dick Durbin (D-IL) and Chuck Grassley (R-IA) sent a letter to Attorney General William Barr and Bureau of Prisons Director Michael Carvajal pressing the Trump Administration to use their authority under the First Step Actto transfer nonviolent terminally ill and elderly incarcerated people to home confinement where appropriate. Along with Durbin and Grassley, the letter was signed by Senators Patrick Leahy, Mike Lee, Amy Klobuchar, Mike Crapo, Sheldon Whitehouse, Thom Tillis, Richard Blumenthal, Kevin Cramer, Elizabeth Warren, Mazie Hirono, Cory Booker and Kamala Harris.  

New Jersey Supreme Court Chief Justice Stuart Rabner ordered the release of people serving time as a condition of parole or for municipal court convictions. The order applies to up to 1,000 people who will be released by 6 a.m. on Tuesday and suspends sentences until after the coronavirus crisis has passed. Judges will have discretion to determine whether to give credit for time served or order people back to jail. Rabner also worked with Attorney General Gurbir Grewal to relax limitations on benefits provided by the Violent Crime Compensation Act.
 
The Iowa Department of Corrections is working on the “safe and sustainable” placement of nearly 700 people who have already been approved for parole or work release. In Scott County, some people who were close to finishing their sentences or suffered from respiratory issues had their terms reduced last week, as part of an effort to provide social distance. “I see the people saying you shouldn’t do the cite and release … but we in our predicament didn’t have much choice,” said Major Bryce Schmidt, jail administrator for the Scott County Sheriff’s Office.

Cleveland, Ohio’s Oriana House worked with local, state, and federal officials to release hundreds of people from their halfway house and community corrections facilities. Those released were considered to be at low-risk of reoffending, and many were already working jobs in the community. For remaining clients, Oriana House is implementing a plan from U.S. Army public health officials designed to prevent disease transmission in barracks.

In Greenville County, South Carolina, more than 80 people have been released from the detention center, and John Vandermosten, who heads the county’s Department of Public Safety, said that number is growing each day. Vandermosten said the releases were necessary in case of an outbreak: “…What I need is housing units I can empty out…so that if this hits us and I have to quarantine, I have a place to put them.”

In Arizona’s Pima County, Sheriff Mark Napier asked courts to consider commuting the sentences of people convicted of nonviolent misdemeanors who have served half of their sentences, and discouraged local police agencies from booking people on misdemeanor charges. And in Coconino County, Sheriff Jim Driscoll is working with courts to reduce the county jail population through bond reductions, describing the steps as necessary to protect incarcerated people, jail workers, court employees, and the public. “This isn’t a pass for people to commit crimes,” Driscoll said. “But we are just trying to minimize the people coming through the jails and the criminal justice system.”  

March 23

Statement: COVID-19 Relief Legislation Phase III Must Contain Reduction In Incarceration

In Michigan, more than 100 people were released from the Ingham County Jail, most of them near the end of their sentences. Officials have used the additional space to create a quarantine area that will hold new admissions for 14 days to ensure they don’t bring COVID-19 into the facility.  
 
Staff at the Harris County Jail in Houston, Texas are working with courts to identify and release high-risk people. Half of the pregnant women in the facility have been released, and jail staff have identified people over 50 who are being held on nonviolent offenses and asked for their release.
 
In an effort to reduce courthouse traffic, the Minnesota State Court Administrator will stop assessing late penalties for citations and stop sending late penalty notices. The judicial branch will also halt the suspension of drivers’ licenses for failure to appear, and stop referring past-due payments to the Department of Revenue for collections. 
 
The Miami-Dade County Police Department instructed officers to issue promises to appear and civil citations for virtually all misdemeanor crimes. Jail bookings have decreased, and the jail population was down to 3,753 on Wednesday, from average of nearly 4,000 people before the pandemic.  

Mike McGrath, Chief Justice of the Montana Supreme Court, wrote to judges asking that they review jail rosters and “release, without bond, as many prisoners as you are able, especially those being held for non-violent offenses.” McGrath also asked judges to conduct as many hearings as possible by video and remote technology.

March 20

“An outbreak in prison or jails could potentially be catastrophic,” Baltimore State’s Attorney Marilyn Mosby noted in a memo to prosecutors this week. She directed prosecutors to dismiss pending criminal charges for a host of offenses, including drug possession or attempted distribution, prostitution, trespassing, and minor traffic offenses. 

In Kentucky, Kenton County Commonwealth’s Attorney Rob Sanders announced that 120 people were released from the county jail,  with more to come. The jail had held 697 people. “With a few exceptions,” Sanders said, “anybody nonviolent who didn’t offend against a child stands a good chance of being released.” 

Ohio Supreme Court Chief Justice Maureen O’Connor urged judges to conduct individual risk assessments of incarcerated people and release those who are at high risk of infection with COVID-19. O’Connor said the move would help protect those who are currently incarcerated, and allow at-risk people to be isolated outside of jails.

Starting this week, people incarcerated at the Utah State Prison and the Central Utah Correctional Facility will have access to 10 free 15-minute calls per week while visitation is suspended. At the Middlesex (MA) Jail & House of Correction, Sheriff Peter Koutoujian announced he was doubling the number of free 20-minute phone calls afforded to each person, from two to four per week.

In Florida, 164 people were released from the Hillsborough County Jail this week to reduce the risk of infection in close quarters. They were being held pretrial, accused of third-degree felonies, criminal traffic offenses, misdemeanors, and ordinance violations. Sheriff Chad Chronister noted they would still face charges, but hoped they would help prepare, comfort, and quarantine with loved ones.

March 19

The Hill: Groups push to reduce incarceration as jails become coronavirus ‘hotbeds’

Fox News: Tolman and Harris: Coronavirus crisis requires this action be taken for elderly prison inmates

In an internal memo, Philadelphia Police Commissioner Danielle Outlaw notified commanders that the city would delay arrests for nonviolent crimes including theft, drug offenses, financial crimes, and prostitution. Police still detain suspects to be fingerprinted and identified at the scene, and submit paperwork for charges to be filed later. The move was supported by the Fraternal Order of Police, who issued a statement saying the directive would help keep officers safe. 
 
The California Division of Adult Parole Operations (DAPO) suspended all office visits for those aged 65 or older and with chronical medical conditions. Citing the transmission risks associated with mass transit, DAPO also directed people on supervision to contact their parole agent by phone for guidance on whether they need to come in. 
 
On Wednesday, the Arizona Department of Corrections announced they would immediately waive co-pays for incarcerated people who are experiencing flu or cold symptoms. Wardens will also initiate weekly deep cleanings of all facilities, and ensure “robust availability” of soap and cleaning products for correctional staff and people who are incarcerated. 
 
Since February 28, the Los Angeles County Sheriff’s Department has reduced the jail population by more than 600 people. Sheriff Alex Villanueva said he would continue to release people who had fewer than 30 days left to serve, and allow deputies to cite and release anyone whose total bail would amount to less than $50,000. Countywide, average daily arrests have dropped from 300 to 60. 
 
A letter signed by 40 current or former probation and parole executives offered guidance and recommendations to promote social distancing, provide supervision support, and protect public safety. Their recommendations included suspending or limiting technical violations during the crisis, and allowing people to report via telephone, online, or by postcards. 

March 18

The Crime Report: Bring Detained Kids, Elderly Inmates Home During Pandemic, Advocates Say

The Chattanoogan: Justice Reform Bill Essential To Freeing Up Taxpayer Dollars to Fight the COVID-19 Crisis

On Monday, the Maine court system vacated 12,420 warrants for unpaid fines and fees and for failure to appear. A spokesperson for the State of Maine Superior Court and District Court said the emergency order vacating the warrants was needed “so that the system might focus on those who pose a public safety risk.”

In a call with New Jersey chiefs of police and other law enforcement leaders, Attorney General Gurbir S. Grewal recommended that they consider issuing complaint summonses rather complaint warrants, in order to decrease the number of people coming into county jails. Grewal also suggested they consider putting off filing charges in cases where public safety is not immediately threatened.  

A coalition of 43 groups sent a letter to Senate Majority Leader Mitch McConnell and Minority Leader Chuck Schumer calling for the inclusion of H.R. 4018 as part of the Senate’s COVID-19 emergency response. The bill would clarify existing law and allow thousands of elderly incarcerated people to petition for transfer into home confinement. 
 
Thirty-eight people were released from the Cuyahoga County Jail this weekend, and officials plan to release hundreds more people facing charges for low-level, non-violent crimes. County judges held special sessions this weekend to expedite cases—settling with guilty pleas, releasing people on pretrial home confinement, or transferring them to prisons.
 
In-person visitation has been cancelled at many jails and prisons across the country, leaving people isolated from friends and family during this crisis. However, in Shelby County, Tennessee, officials have waived fees for phone calls and video chats. And the Florida Department of Corrections is providing one free video visitation session, two free 15-minute phone calls per week, and 4 free JPay stamps per week.
 
In Wisconsin, the Racine County Sheriff’s Office announced Friday that it would only accept new prisoners accused of violent felonies and misdemeanors that pose a threat to public safety. Individuals who are not admitted will receive a mandatory court date. A statement from the sheriff’s office said the decision was being made to protect law enforcement and those confined in the Racine County Jail.  

March 17

As Coronavirus Spreads, Bipartisan Criminal Justice Reform Advocates Urge Senate to Include Nonviolent Elderly Release Measure in Emergency Response Package