After a Lifetime Apart, COVID-19 Prison Release Reunites Mother and Daughter
“You’re on the list.”
It took a few seconds for Chalana McFarland to grasp what was happening. Her name was one of just a few on the list of people who would be released from prison early due to COVID-19. Behind her stood a line of dozens of other women waiting to see if they made it. Only some of them had. But as Chalana received the news, they started cheering, and caused such an uproar that the correctional staff had to reprimand them. That’s when it finally clicked for Chalana — after 15 years in prison, she was finally going home.
Chalana immediately contacted her daughter.
“I was watching a movie with my roommate when I got the news,” says Nia, who is 19 and lives in Tallahassee, Florida, where she attends university. “At first I was like, ‘What?’ I didn't think it was real. Then I just fell over crying. I couldn’t even talk. Later, when we talked on the phone, I could hear the happiness in my mom’s voice that this was all finally going to be over.”
My greatest fear is to die in here.
A number of prisons and jails across the country have begun to release people who are vulnerable to COVID-19 due to age or underlying health conditions, or people who are incarcerated while awaiting trial. This is the result of pressure from public health officials, advocates, and corrections officials. But the coronavirus poses a threat to all incarcerated people. It can spread rapidly in jails and prisons, where social distancing is impossible, access to hygiene is lacking, and medical care is inadequate. If even one person becomes infected, the potential outbreak could be devastating. There are already more than of COVID-19 in state and federal prisons and jails combined, and this is despite the fact that testing is impossible in most facilities. Facilities including , Oakdale federal prison in Louisiana, have already seen deadly outbreaks.
Chalana knew that as a Black woman with asthma, high blood pressure, and sickle cell trait, she was at a higher risk. She feared that her 30-year sentence in federal prison for mortgage fraud would become a death sentence if she remained in prison.
“My greatest fear is to die in here,” she told the ACLU by phone from the prison. “We try to stay away from each other so as to not pass it,” but there is only so much they can do.
The FCI Coleman facility in Florida houses roughly . Chalana describes their quarters as tightly-packed cubicles with three walls and no ceiling — about the size of a walk-in closet. Each cubicle contains a bunk bed, but because many of the women are elderly or have medical conditions that impede mobility, the bunks are often cut in half and laid side-to-side, taking up almost all of the floorspace.
“Only one person can move around at a time,” says Chalana. “You can look over the wall and see the person next to you. So if someone gets COVID-19, they're going to give it to the next person and probably the person on the other side of the wall as well.”
If someone gets COVID-19, they're going to give it to the next person and probably the person on the other side of the wall as well.
The women at Coleman have already suffered other infectious outbreaks this year. In the winter, flu and , hospitalizing several women and overwhelming the prison’s already-overstretched medical staff.
“Sometimes you had to wait if you had to vomit or had diarrhea, because all the toilets were full,” remembers Chalana. “All night long it sounded like a TV war because people were just coughing, coughing, coughing. It was horrible.”
Approximately 40 percent of people in jails and prisons suffer from at least one chronic health condition, and jails and prisons tend to have , even on a good day. Often, there are simply not enough medical staff to treat the hundreds or thousands of people living in the facilities.
“It’s not humanly possible to treat the number of people they have,” says Chalana. She says that if someone feels they are sick, they need to fill out a slip and give it to the prison’s medical staff, who then determine whether they need to see a doctor — without examination. Those who are selected can wait up to two weeks to actually see the doctor. The procedure is no different for people with COVID-19 symptoms, who are sent back to the dorms while they await care. “It’s like Russian roulette,” says Chalana. (The Bureau of Prisons did not respond to a request for comment on the care provided at Coleman.)
You feel helpless. There's someone that you love and care about so much, and it seems like no one else really cares about them.
“The longer you're here, the more you realize that you have to take care of yourself and the others around you as much as possible, which means that when someone's sick, we all pull together to see what kind of over-the-counter medicines we have to help the person,” she says. “We make tea. We make chicken soup. We do what we can to try to help each other, but when it's something that's viral like the coronavirus, there's nothing we can do about it.”
The threat of COVID-19 came to light gradually at Coleman. Most of the women learned about the virus from friends and family members on visits or phone calls.
“Once we saw the news about the county jails, and what was happening at Oakdale, that’s when the alarm went off that we were really in danger,” says Chalana, referring to the where the COVID-19-related death toll is rising.
“You feel helpless,” Nia tells the ACLU. “There's someone that you love and care about so much, and it seems like no one else really cares about them. So I was just praying, hoping, and waiting because there was nothing I could do.”
Inside Coleman, Chalana was concerned about her family’s safety, too. “We worry about them just as much as they worry about us,” she says. “My parents are both 76 years old, and I worry every day that they're going to go to the market and contract COVID, and I won't get to see them while they're still alive.”
Nia was only four years old when her mother, then an attorney, was sentenced to 30 years in prison for mortgage fraud, a first-time offense.
“I came to understand that justice and fairness can be incongruent,” she says. “As an attorney, wife, and mother of a 4-year-old, my life as I knew it came to an end.”
Nia was too young to remember. “I don’t have a lot of memory of my mom not being behind bars,” she says. “My whole life I’ve always imagined what it would be like to have my mom actively present in my life. I didn’t expect that to happen until I was in my 30s.”
For the last 15 years, they have stayed connected as much as they could through letters, video calls, and regular visits. Chalana would mail Nia items she made in prison, like bags she knitted for her to take to dance class and folders she decorated for school.
“It was like cool, customized stuff that nobody else had,” says Nia. “And it made me feel like she was there, even though she couldn’t physically be there.”
Still, there were always significant barriers between them. They have never been able to spend more than a few hours together at a time, and that time is always shared with others. Chalana has never seen Nia dance or play basketball, and she missed her baptism. She’s missed every graduation since kindergarten, including Nia’s high school graduation, where she delivered a speech as senior class president.
I don’t have a lot of memory of my mom not being behind bars.
Nia’s speech was about her mother.
“It was about not letting your circumstances define your destiny,” she tells the ACLU. “Just because you’ve been dealt certain cards in life doesn’t mean you can’t change and be a successful person on your own.” She wrote the speech with Chalana’s help and read it to her over the phone for practice.
Now Chalana hopes to see Nia’s college graduation. But most of all, she looks forward to spending time with her daughter without any barriers between them.
“I’ll finally get a chance to know who my daughter is,” says Chalana. “To just snuggle on the couch with her and find out whether she's as much of a Star Trek fan as I am, or if she doesn't like asparagus or something like that.”
The upcoming release — any day now — is hard for Chalana to talk about without getting emotional. Her reunion with her family was always going to be momentous, but amid the COVID-19 pandemic, there is an added element that perhaps wouldn’t have been top of mind under different circumstances: their health. Chalana knows she is also lucky to be able to reunite with her family while they are all still healthy.
Though Chalana made the list of releases, her fight to get out of prison isn’t over. Today, she’s sifting through a mountain of paperwork to leave Coleman — which is much harder than getting in, she’s realized. She still doesn’t have a release date and the thought of it is still surreal: “It’s sort of like, ‘Okay, God, please let this all be real.’”
The world Chalana returns to will also be far different from the one she left behind 15 years ago. She’s returning to a pandemic-stricken world where people are staying six feet apart and wearing masks in the street, where stores and restaurants are shuttered and whole cities and states are required to shelter in place. But she’s not worried about what life will be like under quarantine.
Imagine what you’re going through now on quarantine, but you can’t control what time you go to bed, eat, or shower. There's no TV, no internet, no computers. That’s a small taste of what our life is like in prison.
“Every day people are saying how frustrated they are being quarantined and how they're going stir crazy inside,” says Chalana. “Well, that's our lives every day. Just imagine what you’re going through now on quarantine, but you can’t control what time you go to bed, eat, or shower. There's no TV, no internet, no computers. That’s a small taste of what our life is like in prison.”
Chalana knows that some people will say “you did the crime now do the time.”
“I get that,” she says. “But at the same time, we’re people too. We’re your mothers, your daughters, your neighbors, your friends ... I don’t deserve to die in here, and none of these ladies do.”
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Press ReleaseDec 2024
Smart Justice
ACLU Celebrates President Biden’s Clemency Announcement, Allowing Hundreds to Remain in Their CommunitiesACLU Celebrates President Biden’s Clemency Announcement, Allowing Hundreds to Remain in Their Communities
WASHINGTON – President Biden heeded the calls of advocates and families today by granting commutations to close to 1,500 people who were released to home confinement at the height of the COVID-19 pandemic under the CARES Act and pardons to 39 additional people, including many veterans and women. The CARES Act, passed in 2020 in response to the COVID-19 pandemic, allowed certain groups of people to serve part of their sentences at home to mitigate the dangers of COVID-19 in federal prisons. Since then, thousands of people have been allowed to serve part of their sentences at home, securing jobs, reconnecting with loved ones, and reintegrating into their communities. The American Civil Liberties Union advocated for the CARES Act and has been urging President Biden to provide clemency to CARES Act release recipients since 2021, launching a six-figure ad buy, engaging grassroots supporters, filing FOIA litigation, and more. “We are thrilled that President Biden has allowed people to remain with their families and communities, where they belong, said Cynthia W. Roseberry, director of policy and government affairs at the ACLU’s Justice Division. “The CARES Act was an unprecedented experiment in decarceration, and the data tells us it was incredibly successful. Of the over 13,000 people released, more than 99 percent have safely and successfully reintegrated into their communities. We urge Congress to build on the remarkable success of the CARES Act and pass other decarceration policies that prioritize compassion, redemption, and public safety.” “President Biden’s actions today also remind us of the incredible and unique power of executive clemency,” Roseberry continued. “The ACLU has long advocated for the categorical use of clemency to address unjust outcomes of the criminal legal system. While today’s announcement is wonderful, there is more to do in the final weeks before President Biden leaves office. We strongly urge President Biden to use his power to address this country's failed death penalty by commuting death row sentences.” According to data the ACLU obtained this year through FOIA litigation, the vast majority (71.8 percent) of those on home confinement had less than one year remaining in their sentence. Almost a quarter (23.5 percent) of CARES Act clemency recipients are older than 61 and over half (59.4 percent) are people of color. “Biden's announcement today means I can finally breathe a sigh of relief after 3.5 years of living with the fear of being sent back to prison for no reason,” said Won Lee, released on CARES Act home confinement in May 2021. “The second chance I got through the CARES Act allowed me to take care of my aging parents, restart my career, pursue a graduate degree, and receive treatment for the cancer I was diagnosed with shortly after returning home. Today's decision means I will no longer have to live with the uncertainty and fear that I will be unjustly uprooted from my life and family, who now depend on me. I am incredibly grateful and thrilled to sleep soundly tonight knowing I'll remain at home.” Learn more about the ACLU’s campaign to commute death row here: /campaigns-initiatives/president-biden-commute-the-row -
Press ReleaseSep 2024
Criminal Law Reform
+2 Issues
Judge Orders Supervision System in Washington, D.C. to Accommodate People with DisabilitiesJudge Orders Supervision System in Washington, D.C. to Accommodate People with Disabilities
WASHINGTON – A federal court granted a preliminary injunction yesterday in a case filed on behalf of people with disabilities on parole and supervised release in Washington, D.C., ordering immediate action to address discriminatory conditions faced by the two named plaintiffs. The court also denied the government’s motion to dismiss, allowing the case to proceed. The case, brought by the American Civil Liberties Union, ACLU of D.C., Public Defender Service for the District of Columbia, and Latham & Watkins LLP, challenges the federal government’s post-conviction supervision system in Washington, D.C. for systematically ignoring the needs of people with disabilities, thereby setting them up for failure on supervision and putting them at constant risk of sanctions, including incarceration. As the court held in its decision, such accommodations are likely required under federal disability law, specifically the Rehabilitation Act of 1973. The preliminary injunction requires that the United States Parole Commission and the Court Services and Offender Supervision Agency (CSOSA), the two federal agencies responsible for supervision in D.C., assess what reasonable accommodations the two named plaintiffs require to have an equal opportunity to succeed on supervision, and provide all such required accommodations. “Absent an injunction,” the court’s decision reads, “the Parolees will be forced to participate in the Government’s supervision programs on an unequal footing just because of their disabilities.” People on supervision in D.C. are required to comply with myriad and onerous rules. For people with disabilities, navigating these complex conditions is even more challenging. For example, Plaintiff Mr. Mathis — a 70-year-old military veteran with congestive heart failure that limits his ability to walk — struggles to travel throughout the city to attend frequent supervision meetings that often conflict with necessary medical procedures and hospitalizations. His supervision officer required him to wear an ankle monitor even after his doctor warned the monitor would jeopardize his health due to his heart condition. Plaintiff Mr. Davis, who lives with chronic pain stemming from third-degree burns as well as mental health conditions, also faces disability-related barriers getting to required meetings. Yet failing to meet any of these conditions, even something as simple as missing an appointment, can land a person back in jail or prison, even when no new criminal conduct is alleged. The court agreed that “absent immediate relief, the Parolees will face irreparable harm; namely, obstacles to success on supervision solely because of their disabilities, which expose them to downstream harms like revocation and reincarceration.” The court did not decide whether it will ultimately certify a class that could yield relief for all people on supervision in D.C. who need accommodations. Instead, the court directed the parties to agree on a schedule for further proceedings on that issue. “The undue hardships faced by people with disabilities on federal criminal supervision in the District of Columbia have gone unaddressed for too long,” said Scott Michelman, legal director, ACLU of the District of Columbia. “This decision is a victory for equal treatment and common sense.” “The Court’s opinion emphatically rejects the federal government's ‘do-nothing’ policy for people with disabilities on supervision in Washington, D.C., who have been forced to navigate onerous requirements without accommodations for decades,” said Allison Frankel, staff attorney with the ACLU Criminal Law Reform Project. “This ruling ensures that our named Plaintiffs will have the accommodations they need to have a fair shot at completing parole and remaining in their communities.“ “We are thrilled the Court recognized that the Parole Commission and CSOSA must accommodate our clients’ disabilities so that they have an equal opportunity to succeed on supervision,” said Zoé Friedland, staff attorney with the Public Defender Service for the District of Columbia. “We will keep fighting to make this relief permanent and systemic so that all people on supervision have an equal chance to succeed.” The decision on the preliminary injunction can be found here: /cases/mathis-v-united-states-parole-commission?document=Preliminary-Injunction-Opinion The complaint can be found here: /documents/w-mathis-v-united-states-parole-commission-complaint -
Press ReleaseJul 2024
Smart Justice
Just City And Legal Advocates Challenge Tennessee’s Unprecedented Bail LawJust City And Legal Advocates Challenge Tennessee’s Unprecedented Bail Law
MEMPHIS, Tenn. — Today, the American Civil Liberties Union (ACLU) Criminal Law Reform Project, ACLU of Tennessee, and Simpson Thacher & Bartlett LLP filed a lawsuit on behalf of Just City Memphis to challenge the constitutionality of Tennessee’s unprecedented new bail law, arguing that the law violates the Fourteenth Amendment by mandating unfair bail hearing procedures and discriminatory wealth-based detention. The law makes Tennessee the only state in the country to prohibit judges from considering whether people appearing before them will be able to pay for release. The new law, which went into effect on May 1, targeted successful bail reforms that Shelby County implemented following an agreement with the ACLU, ACLU of Tennessee, Just City, and other local advocates. The agreement required the examination of a person’s financial circumstances prior to any bail decision; individualized bail hearings with counsel no later than three days after a person’s arrest; and imposition of secured money bail only as a last resort. As a result, more people returned home to their communities while at the same time lowering the number of people rearrested for new crimes. By rolling back these reforms, the Tennessee legislature has created a two-tiered system of justice, leaving those who cannot afford to pay detained indefinitely, even if they are not a flight or safety risk. Meanwhile, those who face the same charges but can afford to pay money bail are freed until trial. “Bail reform works, and it was working in Shelby County. More Tennesseans were returning home to live peacefully in their communities,” said Trisha Trigilio, senior staff attorney for the ACLU. “This shameful legislation targets low-income and marginalized Tennesseans for pointless jail time. We will not allow Tennessee lawmakers to end successful bail reform for political gain.” "Our Constitution demands that judges make individualized determinations about pretrial release," said Josh Spickler, executive director at Just City. "This law prevents judges from doing that crucial work and results in the unnecessary detention of people who pose no risk to public safety because they can't afford to pay an arbitrary bail amount. That's not how our justice system is supposed to work." “We don't have to choose between safety and justice; we can have both if we maintain a bail system that is evidence-based, fair, and constitutional.” said Stella Yarbrough, legal director at the ACLU of Tennessee. “Everyone has a basic right to freedom, and this new law contradicts decades of constitutional precedent. Freedom for the wealthy and punishment for poor people of all races violates the Constitution and disproportionately impacts Black people and people with disabilities, while doing nothing to address the systemic causes of crime—like poverty and lack of opportunity.” Simpson Thacher & Bartlett LLP Litigation Partner Craig Waldman added, “Tennessee’s law banning judges from considering an individual’s ability to pay bail is unfair and unconstitutional. The right to due process guaranteed under the Fourteenth Amendment is a bedrock of our justice system.” Just City is an organization dedicated to fighting discrimination based on race, ethnicity, and income in Shelby County criminal proceedings, and has long advocated for pretrial practices that prioritize fair and sensible release decisions over a person’s ability to pay. Their lawsuit asks the court to declare that this new bail law violates the Fourteenth Amendment and requests a preliminary injunction that would prohibit the Shelby County Sheriff from enforcing this law. -
Press ReleaseJul 2024
Reproductive Freedom
+2 Issues
Court Rejects Attempt to Dismiss Case Seeking Accountability for Wrongful Prosecution of AbortionCourt Rejects Attempt to Dismiss Case Seeking Accountability for Wrongful Prosecution of Abortion
McALLEN, Texas – A federal judge ruled today that a lawsuit seeking accountability for the unlawful investigation and prosecution of Lizelle Gonzalez can proceed, rejecting attempts by Starr County officials to have the case dismissed. Gonzalez, represented by Garza Martinez, the American Civil Liberties Union, and the ACLU of Texas was unlawfully arrested, jailed, and charged with murder after a medication abortion she had in 2022. The Starr County district attorney, assistant district attorney, and sheriff pursued and then obtained an unlawful indictment against Gonzalez even though they knew that Texas law clearly prohibits the criminal prosecution of pregnant women for conduct that ends their pregnancy. “When I first heard Lizelle’s story, I was outraged at the behavior of our elected officials,” said Cecilia Garza, attorney at Garza Martinez. “The court’s decision today to allow this case to proceed gives me hope that courts will not allow these types of egregious acts to continue. Law enforcement need to be held accountable to the laws that they took an oath to uphold.” In the motions to dismiss, the prosecutors and sheriff raised claims of legal immunity, a doctrine that they argue should insulate them from being held accountable for violating Gonzalez’s constitutional rights. The court denied their motions to dismiss, allowing Gonzalez’s case to proceed to the first stage of discovery concerning whether law enforcement can be held liable for violating her rights. “Immunity doctrine creates a culture in police departments and prosecutor offices where public officials may feel empowered to violate people’s rights, knowing they will face few – if any – consequences,” said Lauren Johnson, director of the ACLU’s Abortion Criminal Defense Initiative. “While immunity often obstructs victims of misconduct from attaining accountability, the court’s decision today to allow the case to proceed will give Lizelle a chance to pursue the justice she deserves for being unlawfully targeted and prosecuted.” “Texas is one of the most restrictive states in the country when it comes to abortion health care, but even in Texas, the laws are uniform and clear that pregnant women cannot be criminally liable for having an abortion,” said David Donatti, senior staff attorney for the ACLU of Texas. “We expect and demand that our elected officials follow the rule of law, and that is especially true for officials elected to enforce the laws with so much power over our daily lives and personal decisions.”