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

Prisons on Brink of Outbreak as Coronavirus Spreads; Elderly Incarcerated Individuals at High Risk for Infection, Low Risk of Recidivism

Bill Prioritizes Seniors for Early Release; Reduces up to $1 Billion in Incarceration Costs as Lawmakers Scramble to Find Emergency Resources

(WASHINGTON, DC) – Today, a bipartisan coalition of 43 groups sent a letter to Senate Majority Leader Mitch McConnell and Minority Leader Chuck Schumer calling for the swift passage of H.R. 4018 as part of the Senate’s emergency response to the COVID-19 pandemic. The bill would clarify existing law and fix the Bureau of Prison’s (BOP) sentencing calculations to take “good time credits” into account for release, allowing thousands of nonviolent elderly incarcerated people to petition for transfer into home confinement. These people are at high risk of infection inside prisons, but pose very low risk of recidivism if released.

Individuals would still be required to serve at least two thirds of their sentence before being considered for release, and only those with exemplary prison records would be considered. Unless Congress takes swift action, incarcerated people, corrections officers, prison staff and healthcare workers will remain at acute risk. 

***A link to the letter can be found HERE***

People aged 60 or older have the lowest risk of recidivism of any age group and make up roughly ten percent of the federal prison population. However, they represent nearly one billion dollars in costs – or twenty percent of the BOP budget. This critical legislation would not only save lives but would also save the government millions of dollars at a time when they need it most.

“As coronavirus spreads rapidly across the country and leaders take action to protect American lives, incarcerated people – particularly the elderly – are some of the most susceptible to the virus, and their incarceration endangers corrections officers, prison staff, and surrounding communities,” said Holly Harris, President and Executive Director of Justice Action Network. “In order to fight this virus and guard against a large-scale outbreak, it’s critical for all parts of our society to work together and ‘flatten the curve’ – and that includes prisons. The safest, most responsible action is to transition elderly prisoners who have the lowest risk of recidivism, and who have served two-thirds of their sentences, to home confinement. This protects them, their communities, and frees up hundreds of millions in tax dollars that will be needed elsewhere during this crisis.”

“We urge Majority Leader McConnell, Minority Leader Schumer, and all members of Congress to stand together, and include this common-sense, critical legislation as part of their emergency response to COVID-19. “

Here’s what H.R. 4018 does

• Clarifies existing law so that good time credits are applied to the time of sentence served

  • A federal prisoner must still serve two thirds of their sentence under the law

• Amends the definition for “eligible elderly offender” and does not apply to eligible terminally ill offenders

• Could save up to $1 billion in taxpayer dollars by reducing housing, care, and medical costs

• Does not apply to anyone serving a life sentence or anyone serving extended sentences