Media Coverage of State COVID-Related Prison Releases/Policy

April 16, 2020

Updated July 7.  Below is a running resource with links to media coverage of state prison policy related to COVID-19, by Deniz Ariturk, recent graduate of the MA program in Bioethics and Science Policy at Duke University:

National Coverage:

• NYT: Coronavirus Cases Rise Sharply in Prisons Even as They Plateau Neationwide (June 16)
• US Supreme Court refuses Trump administration’s attempt to block the release of medically vulnerable inmates from Ohio federal prison (May 26)
• Attorney General Barr promised to release prisoners threatened by coronavirus – even as federal officials secretly made it harder for them to get out (May 26)
• Reuters Special Report: “Across US, COVID-19 takes a hidden toll behind bars” due to spotty testing and reporting (May 18)
• NYT: US Prison Population Remained Stable as Pandemic Grew (May 14)
• Judges question BOP’s response to coronavirus pandemic in federal prisons (May 13)
• COVID-19 has trapped thousands of parolees in prison (May 7)
•  New CDC report details extent of outbreaks in US jails and prisons (May 6)
• As COVID-19 spreads through prisons, officials use solitary confinement to silence protests (May 6)
• Prison Policy Initiative reports that, compared to jails, prisons have “released almost no one” in response to COVID-19 (May 1)
• Opinion: Trump and governors should use commutations to combat the spread of coronavirus (May 1)
• Opinion: Stopping covid-19 behind bars was an achievable moral imperative. We failed.(May 1)
• Opinion: Covid-19 is spreading in jails. Here’s how to safely release those inmates convicted as children (April 30)
• First female federal inmate dies after giving birth while on ventilator (April 29)
• Advocates warn COVID-19 is spreading rapidly behind bars (April 28)
• Federal class action lawsuit filed to protect Danbury prison inmates from COVID-19 (April 28)
• As coronavirus spreads in prison, inmates rise up in protest; more than 75 protests and uprisings recorded to date (April 27)
• Federal judge requires ICE to justify individual detention of parents held longer than 20 days at family detention centers amid the coronavirus outbreak (April 27)
• In four US state prisons, nearly 3,300 inmates test positive for coronavirus – 96% without symptoms (April 25)
• States implementing mass testing in prison discovering mass infections (April 24)
• Inmates and their families confused about federal standards for release to home confinement in the face of changing orders (April 24)
• ICE declines to release asylum-seekers as coronavirus spreads through jails (April 22)
• Reentry more challenging than usual during coronavirus pandemic (April 22)
• Trump administration reverses prisoner coronavirus release policy that would have allowed inmates who had served less than half their sentences to be considered for early release (April 21)
• Prison factories becoming incubators for coronavirus; unprotected inmates making masks and hand sanitizer falling ill in increasing numbers (April 21)
• University of Michigan study finds release of older at-risk prisoners with violent records poses little crime risk(April 20)
• Justice Department watchdog to inspect federal prisons remotely after hundreds of inmates test positive for the virus (April 15)
• Wall Street Journal: “Coronavirus seen as factor spurring compassionate release from prison” (April 14)
• ICE quietly releases hundreds of local immigrants as COVID-19 tears through jails (April 14)
• The Hill: “States move to protect prisoners from coronavirus outbreaks” (April 9)
• Some states turn to tough-on-crime tactics which can increase jail populations in the face of the coronavirus outbreak (April 7)
• Washington Post: “Disaster waiting to happen: Thousands of inmates released as jails and prisons face coronavirus threat” (March 25)

Arkansas:

California:

• 3,500 additional inmates identified as eligible for early release. The inmates meet the same criteria as a group of 3,500 others released earlier this year: each is within 150 days of release and medically vulnerable to coronavirus (June 29).
• Governor Newsom grants clemency to 21 prisoners as thousands infected with COVID-19 (June 26)
• California Department of Corrections and Rehabilitation announces that inmates in state prisons for nonviolent offenses with less than 180 days left on their sentences are eligible for supervised release effective July 1 (June 16).
• California Judicial Council votes to rescind the coronavirus emergency bail schedule, suggests courts could keep the emergency schedule or reduced bail schedules where appropriate. Since the beginning of the pandemic, more than 20,000 defendants accused of lower-level offenses have been released pre-trial (June 12)
• Following new statewide bail rules, LA County judge announces that more than 250 inmates facing misdemeanor and lower-level felony charges were ordered released from jail (May 1); county jail population reduced by 5,000 since outbreak (April 30)
• Mass jail and prison releases leave some Bay Area inmates on the streets (April 27)
• Lawsuits ask high court to stop transfers from California prisons to ICE detention centers (April 27)
• Over 300 people released from Sand Diego jails under new bail rules that lower bail to $0 for nearly all misdemeanors and many felonies, prosecutors object to release of 200 more (April 15)
• 3,500 inmates to be released early from state prisons (March 31)

Colorado:

• 290 inmates, less than 2% of the prison population, released since governor’s March 25 executive order which granted the DOC authority to release people within 180 days of their parole eligibility date (May 29)
• 52 inmates released early from state prisons; prison vacancy up from 1% to 4% (April 13)

Connecticut:

• Following a federal lawsuit, DOC required to identify people 65 and older who meet criteira to be “fast tracked” for release consideration (June 8)
• State’s combined prison and jail population down by 16% since March 1,^st the lowest number in more than 29 years, following the discretionary release of 560 offenders (June 3)
• Following class-action lawsuit by 1,000 inmates, District Court Judge issues order directing officials at Danbury federal prison to identify inmates with health conditions that make them vulnerable to the coronavirues, cites “apparent failure” of prison administration to carry out Attorney General Barr’s April 3 memo (May 12)
• CT inmates seeking release face laws not built for coronavirus crisis (May 7)
• Over 700 inmates released in March, the largest one-month reduction in the state’s history (April 6)

Delaware:

• Arrests for felony and misdemeanor crimes down by 45% since governor’s March 12^th stay-at-home order (May 2)
• ·      Delaware officials defy calls to release prisoners who are at risk of dying from coronavirus (April 30)
• Inmates not permitted to wear protective masks, emergency release of prisoners “will not be necessary” (April 16)

Florida:

• Miami federal judge orders ICE to release 1,200 non-violent undocumented immigrants from three South Florida centers (May 1)

Georgia:

• Georgia jails and prison remain crowded as COVID-19 spreads (April 20)

Hawaii:

• Statewide jail population down by 37 percent since March 2 (May 4)
• More than 500 inmates released early by state judges since the start of the pandemic (April 30)

Illinois:

• Governor signs executive order allowing furloughs for up to 13,000 medically vulnerable or nonviolent prisoners as long as the disaster proclamation is in effect (April 7)

Iowa:

• 482 more prisoners to be released early as the state’s first COVID-19 case in prison is confirmed (April 20)
• 700 state prisoners’ placement in parole or work release expedited (March 24)

Kentucky:

• State Supreme Court expands inmate release program (April 15)
• 186 inmates to be released, 743 more up next (April 2)

Louisiana:

• Department of Corrections suspends furlough review panel created to consider up to 1,100 people for temporary medical release after reviewing fewer than 600 cases and approving only 63 people (about 0.2% of the state prison population) for release (June 30).
• Nearly entire Louisiana women’s prison dorm (192 out of 195 women) tests positive for virus (May 4)
• Review panel approves temporary medical release for only 53 out of 249 inmates considered (April 30)
• Department of Corrections creates review panel to consider temporary medical release for medically vulnerable, nonviolent offenders who are within six months of their release date and can show proof of housing upon release (April 14)

Maine:

• U.S. District Judge denies temporary restraining order requested by two inmates which would have required Maine Department of Corrections to review cases of all medically vulnerable inmates for release to allow them the ability to social distance (June 8).
• 60 inmates released to supervised community confinement based on their risk to the public and time left on their sentence (April 21)

Maryland:

• More than 2,000 inmates released from state prisons over the last month (April 21)
• Governor issues executive order allowing for the potential release of hundreds of inmates who are elderly or nearing release and not considered a public safety risk (April 19)
• Chief Judge orders trial courts to release prisoners who are at-risk for coronavirus and pose no threat to public safety (April 14)

Massachusetts:

• Massachusetts Supreme Judicial Court declines a request to release sentenced inmates due to coronavirus, stating that while incarceration increases the risk of contracting coronavirus, it does not violate the Eighth Amendment’s provisions against cruel and unusual punishment. (June 2).
• State Supreme Judicial Court reports that 993 prisoners have been released from state jails and prisons since April 3, does not indicate how many people were released early due to the pandemic and how many because they completed their sentences (May 5)
• More than 300 prisoners released under Supreme Court ruling (April 14)

Michigan:

• State prison population down by 5.2% since March, the fastest drop in state history (June 9)
• 637 inmates released from state prisons and county jails since April 5 in accordance with the April 3 Supreme Court order (April 22)
• As coronavirus spreads in Michigan prisons, parolees not tested before release (April 20)
• 200 prisoners per week are released and 13 percent of state prisoners are eligible for parole and DOC officials are looking to first release inmates who are nonviolent and over age 60 with health issues, though “no offenses are off-limits” (April 14)
• Inmates hiding coronavirus symptoms to avoid prison quarantine (April 15)
• Governor considering executive order to release low risk and or vulnerable state prisoners (April 1)

Mississippi:

• The Supreme Court of Mississippi orders judicial review of all pretrial defendants who are eligible for bail and allows consideration of the impact of coronavirus in individual detention centers as a condition of release (April 23)

Missouri:

• State Supreme Court leaves decisions about the release of inmates up to the discretion of local judges(March 30)

New Jersey:

• Governor’s prison release program denies inmates’ rights, NJ Supreme Court rules (June 5)
• State’s release policy is criticized for being overly complex and secretive; “virtually impossible to know exactly how many prisoners have been temporarily released” (May 26)
• 54 people in state custody released over a weekend and another 781 identified as possibly eligible for release (April 29)
• Corrections officials considering the release of 1,105 inmates following governor’s April 10 executive order; inmates under review are at least 60 years old or have a health condition that puts them at risk for COVID-19 (April 21)
• Officials are considering releasing up to 1,105 prisoners following governor’s April 10 executive order, but none have been released so far (April 21)
• Governor’s executive order will release some low-risk inmates with health issues from prisons to home confinement or parole (April 10)

Nevada:

• State Supreme Court declines petition filed by an inmate to release vulnerable and elderly prisoners due to the coronavirus pandemic in a unanimous decision, cites similar decisions in Kansas and Washington (May 1)
• Las Vegas judges analyze bail levels in coronavirus pandemic (April 27)

New Mexico:

• 71 people released early from state prisons due to COVID-19 (June 24).
• Only 46 inmates released following governor’s April 6 executive order to commute sentences of nonviolent offenders within 30 days of their release date (May 27)
• State Supreme Court unanimously denies petition from the ACLU and Public Defender’s Office that asked for the mass release of at least 500 nonviolent inmates; 33 people have been released early under governor’s April 6 executive order so far (May 4)
• Governor issues executive order to release inmates convicted of nonviolent crimes scheduled for release within 30 days (April 10)

New York:

• 898 of 1,100 eligible inmates released early statewide (June 8)
• 8 pregnant women to be released from prison following governor’s order (May 6)
• Governor directs prison department to start the release of nonviolent offenders who are pregnant and have six months or less remaining on their sentence (May 1)
• 1,100 parole violators to be released from jails and prisons (March 27)

North Carolina:

• Wake County Superior Court Judge issues preliminary injunction against state prison officials, stating that their actions violated the Eighth Amendment’s ‘deliberate indifference test. Prison officials must establish a plan to test all inmates for COVID-19. drastically reduce prison transfers, and reopen the application process for homes, facilities, and programas willing to participate as partners in early release for approved inmates (June 9).
• Nearly 200 inmates approved to serve the rest of their sentences outside prison; prison population down by 5% since mid-March (May 8)
• Hundreds of prison inmates released early due to COVID-19 (May 3)
• 500 inmates being considered for early release (April 13)

North Dakota:

• State Parole Board grants 120 applicants parole in March due to COVID-19 concerns, additional 120 granted parole in April without explicit mention of COVID-19 (May 8)
• 56 inmates granted early parole (March 20)

Ohio:

• US Supreme Court refuses Trump administration’s attempt to block the release of medically vulnerable inmates from Ohio federal prison (May 26)
• Federal judge orders BOP to expedite the release of 837 medically vulnerable people from Elkton Federal Correctional Institution (May 19)
• Appellate court unanimously denies motion by officials at Elkton Federal Prison to stay enforcement of a district court order to begin transferring and releasing 837 medically vulnerable prisoners (May 5)
• One fourth of coronavirus cases in Ohio are in prison; governor plans to commute seven inmate sentences of 84 commutation requests (April 20)
• Governor authorizes release of 105 nonviolent offenders near the end of their sentences (April 16)
• Lawmakers approve the release of 141 non-violent inmates nearing the end of their sentences (April 14)

Oklahoma:

• Hundreds of prison sentences commuted after governor approves the release of more than 400 inmates (April 13)

Oregon:

• Governor approves early release for 57 people identified as medically vulnerable by the DOC (June 26).
• Governor asks for a list of names of inmates eligible for possible early release after refusing to approve any inmates for early release in April. To be eligible, inmates must be medically vulnerable to COVID-19, not have committed a crime against another individual, have served 50% of their sentence, have a suitable housing plan and a good record of conduct for the last year, and not present a risk to the community (June 14).
• Anxieties mount among Portland inmates following Governor’s decision against early release (April 15)
• Governor will not release any of the inmates that fall into potential early release category (April 14)
• 3,244 inmates fall into potential early release categories identified by governor (April 10)
• Governor considering early release for prisoners who are medically vulnerable and close to their release date (April 7)

Pennsylvania:

• Pennsylvania state government claims to have taken action “furloughing paroled individuals from centers to home plans; working with the parole board to maximize parole releases; reviewing parole detainers for those in county jails and state prisons; expediting the release process for anyone with a pending approved home plan; [and] reviewing and releasing inmates who are beyond their minimum sentences,” but does not indicate how many individuals benefited from those actions (June 24).
• Fewer than 150 inmates released on governor’s temporary reprieve program out of estimated 1,500 to 1,800 eligible people (May 8)
• First group of 8 inmates issued reprieves (April 15)
• Department of Corrections to establish temporary program to reprieve sentences (April 10)

South Carolina:

• 7 defendants released from jail following Supreme Court’s directive to release anyone charged with a non-capital crime as the COVID-19 response continues, unless there is an unreasonable danger to the community or the accused is considered an extreme flight risk (March 19)

Tennessee:

• Governor intends to test every inmate and staff member under Department of Corrections, but is not considering early release of prisoners (May 5)

Texas:

• As Texas reopens, its Fort Worth prison battles highest number of coronavirus cases among federal correctional institutions (April 28)
• Court blocks governor’s executive order limiting jail release (April 10)
• Governor signs executive order that bans release without bail (March 29)

Utah:

• 80 inmates to be released early (March 26)

Vermont:

• Almost 100 inmates released in late March, over 200 since February (March 26)

Virginia

•        DOC clears 230 inmates for early release during the two weeks since governor’s order, 130 of them have already been released (May 7)
• 62 people released through early release program since its start on April 22 (April 28)
• Lawmakers approve governor’s proposal to give DOC the authority to release nonviolent inmates who have one year or less remaining in their sentences (April 23)

Washington:

• The Supreme Court of Washington rejects emergency petition to force governor to order the mass release of thousands of inmates in a 5-4 decision; existing release efforts in the state will go on as planned (April 23)
• Nearly 1,000 nonviolent inmates to be released early (April 13)

West Virginia:

• Two groups of prisoners (70 parolees serving short jail terms for parole violations and a similar number of work-release inmates eligible for weekend furloughs because of good behavior) were released from state jails and prisons (March 27)