COVID-19 Relief Legislation Phase III Must Contain Reduction in Incarceration

Prisons Are Poised to Be the Next Hot Spots for Uncontainable Outbreak 

Senate GOP, Democrats Must Seize Opportunity to Save Lives Before It’s Too Late

(WASHINGTON, DC) – As the federal government races to respond effectively to the societal threat of COVID-19, Holly Harris, President and Executive Director of Justice Action Network, the country’s largest organization working on bipartisan criminal justice reform solutions, issued the following statement:

“We’ve been sounding the alarm, and today jails and prison nationwide are reporting positive COVID-19 cases in prisoners and correctional officers. It’s clear the virus has found its next hot spot, and health experts warn the threat is greatest in the elderly and those with underlying health conditions. 

We are grateful for criminal justice reform champions like Sens. Lindsey Graham, Dick Durbin, Mike Lee, Cory Booker, Chuck Grassley, and so many others, and we are hopeful they will urge Leaders McConnell and Schumer to include a mechanism to safely reduce our overcrowded prisons. At the very least, the Phase III package must expedite the transfer of non-violent elderly and sick inmates, who have served two-thirds of their sentences, to home confinement. The lives of incarcerated people, correctional officers, and those they come in contact with depend on it.”

“These common-sense policies are already being implemented at the grassroots level by prosecutors, judges, and public defenders all over the country, who are working together to reduce incarceration in the best interest of public health, safety, and the taxpayers. Congress should pay attention to what’s happening in their own backyards, and reduce mass incarceration now, before this disease rips through federal prisons and their surrounding communities.”

“On a personal note, we extend positive thoughts and warm wishes to our fearless warrior Sen. Rand Paul, who recently announced that he has tested positive for COVID-19. All of us at Justice Action Network wish a speedy recovery to Sen. Paul and hope the best for his wife Kelley Ashby Paul, his family, and his staff.”

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Last week, 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.

***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 – remain trapped in a system teetering on the edge of a large-scale outbreak,” said Holly Harris, president and executive director of Justice Action Network. “In order to fight this virus and keep our nation safe, it’s critical for all parts of our society to work together and ‘flatten the curve’ – and that means prisons too. The bottom line is, elderly men and women who have served two-thirds of their sentence and aren’t deemed a threat to society deserve the chance for release – and for them, it’s a matter of life and death. We urge Majority Leader McConnell, Minority Leader Schumer, and all members of congress to stand together, support this critical legislation and include it 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

 

 

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