STATEMENT ON COVID-19 DEATH OF PREGNANT SOUTH DAKOTA WOMAN IN FEDERAL CUSTODY

Criminal Justice, Public Safety Authorities React to Bureau of Prisons Responsibility in for Death of Andrea Circle Bear, Incarcerated While 8 ½ Months Pregnant on Nonviolent Narcotics-Related Charge During Prison Pandemic; Death is the 30th Fatality in Federal System from COVID-19

Holly Harris of Justice Action Network and Brett Tolman, Former US Attorney: “The Department of Justice and the Bureau of Prisons put a woman and an infant in harm’s way through ignorance and neglect. This death was not only preventable – the circumstances that led to it reveal systemic failures for the country to see.”

(Washington, DC) Following the death of a young, pregnant South Dakota woman in BOP custody, Holly Harris, President and Executive Director of Justice Action Network and Brett Tolman, Former US Attorney for Utah, released the following statement:

“The Department of Justice and the Bureau of Prisons carry direct responsibility for the death of Andrea Circle Bear, who, despite being 8 ½ months pregnant and posing no threat to public safety, was placed in a crowded prison facility with over 1,600 other women during a pandemic. Attorney General Barr and Director Carvajal must explain themselves and the cruelty and systemic failures up and down the chain of command that led to a young mother-to-be’s preventable death.

“In what world should a pregnant woman be incarcerated, especially in the middle of a virus outbreak, for a rarely-prosecuted technical violation? Why was this pregnant woman with underlying health issues not transferred or released during the COVID-19 pandemic? The Department of Justice and the Bureau of Prisons put a woman and an infant in harm’s way through callousness and neglect. This death was not only preventable – the circumstances that led to it reveal systemic failures for the country to see. This goes against the intent of the CARES Act, the First Step Act, and justice reforms and emergency fixes currently being implemented at the local level by judges, prosecutors and law enforcement across this country. Andrea Circle Bear fits the exact profile of a person who should be safely and responsibly decarcerated – not incarcerated. This tragedy requires immediate scrutiny and swift action from Congress and the White House to reduce the federal prison population and stop the deadly spread of COVID-19 in federal prisons.”