Federal Bill Would Release Vulnerable People from Prisons to Help Stop Spread of COVID-19
A month ago, Congress gave the Department of Justice (DOJ) and Federal Bureau of Prisons (BOP) increased authority to reduce the federal prison population. On March 29th, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (), providing DOJ and BOP with the ability to expand home confinement eligibility. Then, Attorney General William Barr 鈥渁pplaud[ed] the substantial steps taken鈥� by DOJ and BOP to 鈥溾�� in an April 3 memo.
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Barr鈥檚 applause came too soon. In the weeks following his memo, DOJ and BOP have done little more than issue around who is eligible for release. Congress must intervene with the , which would address some of the uncertainty. The bill would provide to BOP on how to reduce the federal prison population in the midst of a 鈥渘ational emergency relating to a communicable disease.鈥澨� 听听
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The Emergency Community Supervision Act (S 3579 and HR 6400) was introduced by Sens. Cory Booker (D-N.J.) and Kamala Harris (D-Calif.), and Rep. Hakeem Jeffries (D-N.Y.) last month. It requires BOP to immediately place vulnerable individuals in home confinement or other community supervision outside of prison. The bill identifies 鈥渧ulnerable individuals鈥� as those who are pregnant 鈥� like , who gave birth in federal custody earlier this month and then died from COVID-19 yesterday; those with underlying health issues; and those who are age 50 or older. These are the very populations that argue should have their sentences commuted by the president in response to COVID-19.
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While Sen. Booker believes the federal government has 鈥渁n obligation to do everything we can to prevent the spread of this deadly disease, and that means moving certain incarcerated people to community supervision,鈥� DOJ and BOP are falling far short of this responsibility. Since Barr鈥檚 April 3 memo, the number of people released to home confinement increased by just, according to The Marshall Project. And with BOP twice last week on who is eligible for home confinement, it is unlikely this percentage will increase without Congress鈥� intervention. 听听听听
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With , and a that BOP is not officially reporting, as well as 1,600 incarcerated persons and staff testing positive for COVID-19, there is no time for DOJ and BOP incompetency. Congress must go beyond the authority it provided to DOJ and BOP under the CARES Act and explicitly legislate reduction of the federal prison population, as Rep. Sheila Jackson Lee (D-Texas) called for during Friday, April 24鈥檚 on incarceration and COVID-19. House Speaker Nancy Pelosi then on MSNBC on Sunday. 听
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Congress must advance the Emergency Community Supervision Act with the next COVID-19 relief package. of BOP from both sides of the aisle reveals no other choice. In addition to requiring BOP to release vulnerable populations to community supervision, the Emergency Community Supervision Act limits the use of pretrial detention and in-person supervised release. It also prohibits the use of incarceration for technical violations of supervised release. In addition to reducing the federal prison population, Congress should incentives for states to reduce their jail and prison populations. 听
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Reducing jail and prison populations in the wake of COVID-19 is not a partisan issue. Groups across the ideological spectrum have asked all levels of the federal government to take action. At this moment, it appears that Congress is the only body that appreciates the life or death consequences of not decarcerating; that tens of thousands more people will die in jails, prisons, and communities without action. Congress can protect those lives by passing the Emergency Community Supervision Act when it legislates additional COVID-19 relief for the country.听 听听
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