Below is a list of actions the federal government, states, and local jurisdictions took to combat the spread of COVID-19 within the criminal justice system. Although many of the measures each locality, state, and the federal government implemented are outlined below, this resource does not include every action taken due to the fluid responses of agencies and policymakers during the pandemic. AFP is tracking each state and the federal government’s testing numbers for those incarcerated and staff while the hyperlink on a state’s name directs you to the most up-to-date testing information for that specific jurisdiction. For more information on AFP’s recommendations for criminal justice reform actors during this pandemic, please see this letter signed by AFP Board Member Mark Holden.

Recent Top Stories

• State by State and Federal Testing Numbers (Updated July 7)
• Federal– As of July 16, the Bureau of Prisons has placed 6,979 incarcerated individuals on home confinement and out of prison facilities, while another roughly 500 have been granted compassionate release. Home confinement allows an individual to serve some or all of their remaining sentence on home confinement while compassionate release actually reduces the individual’s sentence if there are “extraordinary or compelling” reasons to do so. Courts have been inconsistent during the pandemic whether to grant compassionate release based upon and individual’s underlying health conditions that create a higher risk of complications or death from COVID.
• California– The CA Department of Corrections and Rehabilitation announced on July 10 that 8,000 incarcerated individuals could be released or put on alternative confinement by the end of August. CA has already reduced their prison population by roughly 10,000 individuals since the start of COVID. Some will be released on a “rolling basis” who fit certain criteria, while others will require a more individualized assessment.
• New Mexico– In late June, officials for the New Mexico Corrections Department announced that 71 individuals in prison had been released early and are in the process of releasing more due to COVID.
• Louisiana– In April, a review panel was created by the Louisiana Department of Corrections to consider temporary release for about 1,100 potentially eligible incarcerated individuals. The panel was suspended in early June and only amounted to 600 cases reviewed, only 100 were approved and only 63 will be released.
• Mississippi– On July 8, Governor Tate Reeves vetoed SB 2123, a bill that would have expanded parole eligibility to many of Mississippi’s incarcerated population. Roughly 12,000 out of the 19,000 individuals in Mississippi prisons are ineligible for parole. As COVID cases continue to increase in Mississippi prisons, many facilities are at or above capacity.
• Oregon– On June 25, Governor Kate Brown commuted the sentences of 57 incarcerated individuals, “all of whom are particularly vulnerable to COVID-19 and who do not present an unacceptable public safety risk.”
• Texas– The wide disparity in confirmed cases of COVID within prisons state to state can be, at least in part, attributed to the amount of testing the state is doing on their prison population. For example, Texas has administered 141,576 tests as of July 16, resulting in 12,130 positive cases. Compare that to Alabama, who has 139 positive tests but has only tested 581 incarcerated individuals as of July 16.

Federal: 

• Bureau of Prisons (BOP):
• Quarantine all new admissions for 14 days. March 24.
  • Full quarantine of all incarcerated individuals for at least 14 days. March 31.
• Visitation is suspended. Telephone minutes have increased to 500 minutes per month.
• Legal visits are suspended but case by case exceptions can be approved.
  • Incarcerated individual’s movement to other facilities is significantly restricted with certain exceptions. Individual must have been in custody for greater than 14 days and will have screenings performed.  BOP Modified Operations. Appears that significant movement of incarcerated individuals is still occurring. March 23.
  • BOP is reportedly refusing to release an individual to home confinement, despite a judges order. Federal prosecutors filed motions in that case and in other cases opposing transition to home confinement. March 25.
• Court Actions:
  • Many federal courthouses are closing/greatly reducing access to physical court locations and attempting to do business by phone or videoconference. US Courts website providing daily updates to most recent court action. US Courts.
• Law Enforcement Responses:
  • With passage of the CARES Act, the Attorney General (AG) and BOP have discretion to increase the use of home confinement. Under previous law, it was only for certain individuals on the last six months of their sentence. Shortly after passage, Barr directed prison officials to begin identifying incarcerated individuals for home confinement, particularly the elderly and immunocompromised. March 26.
    • UPDATE: On April 3, AG Barr declared an “emergency” and expanded the group of incarcerated individuals eligible for home confinement under his March 26 memo to “all at-risk not—not only those who were previously eligible for transfer.” Barr also called for priority to be in three facilities particularly hit hard by coronavirus spread in LA, CT, and OH.
    • As of April 23, 1,501 incarcerated individuals were moved to home confinement with more expected. After being processed, the individuals moving to home confinement will be under a 14-day quarantine either in the BOP facility or at the residence where they are being transferred.
  • In a directive sent to US Attorneys, DOJ Department Heads, and to BOP, Barr stressed that detention of pre-trial defendant should not be used “to the same degree we would under normal circumstances – specifically, for those defendants who have not committed serious crimes and who present little risk of flight (but no threat to the public) and who are clearly vulnerable to COVID-19 under CDC Guidelines.”
• Legislative Responses (CARES Act):

Department of Justice

1. General Administration: $2 million for Justice Information Sharing Technology to “prevent, prepare for, and respond to coronavirus…including impact of coronavirus on the work of the DOJ.”
2. Office of the Inspector General: $2 million for investigations and audits related to funding made available in this act.
3. United States Attorneys:$3 million “… to prevent, prepare for, and respond to coronavirus…”
4. US Marshalls:$15 million “… to prevent, prepare for, and respond to coronavirus…”
5. FBI:$20 million “… to prevent, prepare for, and respond to coronavirus…”
6. DEA: $15 million “… to prevent, prepare for, and respond to coronavirus…”
7. Federal Prison System: $100 million “… to prevent, prepare for, and respond to coronavirus…”
8. State and Local Law Enforcement Activities: $850 million…” to prevent, prepare for, and respond to coronavirus…” Allocated under same formula as Byrne-JAG.

Bureau of Prisons

1. Priority on Personal Protective Equipment and Test Kits: “Secretary shall appropriately consider, relative to other priorities of the Department of Health and Human Services for high-risk and high-need populations, the distribution of infectious disease personal protective equipment and COVID–19 test kits to the Bureau for use by incarcerated individuals and personnel of the Bureau.”
2. Home Confinement Authority:“During the covered emergency period, if the Attorney General finds that emergency conditions will materially affect the functioning of the Bureau, the Director of the Bureau may lengthen the maximum amount of time for which the Director is authorized to place a incarcerated individual in home confinement under the first sentence of section 3624(c)(2) of title 18, United States Code, as the Director determines appropriate.”
   26. AG Barr Memo directing identification of certain incarcerated individuals that should be looked at for home confinement. March 26.
3. Video Visitation:“…if the Attorney General finds that emergency conditions will materially affect the functioning of the Bureau, the Director of the Bureau shall promulgate rules regarding the ability of incarcerated individuals to conduct visitation through video teleconferencing and telephonically, free of charge to incarcerated individuals…”

Alabama: 

• Department of Corrections:
  • Visitation, transfers, and work-release suspended, and all staff temperature screened prior to entry and shift changes. Individuals provided one free 15-minute phone call per week. All medical co-pays suspended for incarcerated individuals, but non-emergency medical appointments and procedures also suspended. Increased cleaning schedules implemented. Staff required to wear PPE at all times, and cloth masks being sewn by incarcerated individuals for distribution within correctional facilities. March 19.
  • Suspended intake from county jails for at least 30 days. March 20.
  • Pilot program as of April 23 to allow limited intake from county jails after quarantine and screening at Draper Correctional Facility. April 23.
  • PPE distribution continued throughout April from supplies produced at correctional factories. Additionally, several rounds of community donations of thousands of bars of soap and hundreds of other hygiene products have been distributed. April 28.
  • As of April 30, visitation and activity suspensions to continue through at least May 15.
• Court Actions:
  • Supreme Court Administrative order declaring a state of emergency for the state Judicial Branch. All in-person hearings suspended for at least 30 days. Exceptions include: those necessary to protect constitutional rights of defendants such as bond and plea hearings, civil and criminal jury trials in progress from March 13, proceedings related to abuse, child custody and protection, temporary injunctive relief, emergency protection orders, and those related to COVID-19. March 13.
  • Additional exceptions added to in-person hearing suspension, regarding termination of parental rights and those needed to protect constitutional rights of children in custody alleged to be delinquent. March 16.
  • Accompanying hard copies of documents submitted can be sent electronically. March 17.
  • Extensions filed for previous orders throughout the month, most recently on April 30, through May 15.
• Local Actions:
  • Mobile Metro Jail managed to reduce its population from nearly 1,600 to 1,000, focusing on individuals convicted of non-violent offenses and those over 55 or with preexisting medical vulnerabilities. The jail now has 38 confirmed cases among incarcerated individuals and 30 among staff, forcing employees to work up to 12 hour shifts. Announcements pending this week on further testing. May 4.
  • Morgan County Jail released 107 non-violent individuals (Nearly 17% of their jail population) between March 16 and April 19. The Morgan County Sheriff’s Office worked with municipal, district, and circuit judges to review cases for release.
  • Circuit Judge Ben Fuller ordered Sheriffs in Autauga, Elmore (Montgomery-area), and Chilton counties to release pre-trial detainees with bonds under $5,000, provided law enforcement deem they don’t pose a threat to public safety. March 18.

Alaska: 

• Department of Corrections:
  • Visitation suspended, including for volunteers and attorneys from March 13. Contract services and non-essential activity suspended on March 18.
  • Increased cleaning of high-use areas, additional cleaners hired from incarcerated population, and additional free hygiene products provided. Medical co-pays also waived for incarcerated individuals. March 13.
  • Incarcerated individuals given two free 15-minute phone calls per week during visitation suspension. March 19.
  • All DOC employees and essential contractors are screened on entry and prior to shifts, incarcerated individuals are temperature screened and questioned about symptoms and recent travel prior to transfers, and DOC public lobbies are closed. March 24.
• Court Actions:
  • Supreme Court order suspending new jury trials from the week of March 16^th, allowing those in progress to continue. March 15.
  • Supreme Court order relaxing various court rules around remote appearances, deadlines, and e-filing to facilitate social distancing. March 19.
  • Supreme Court order suspending most proceedings through April 3^rd with exceptions for hearings for first appearances, bail and pleas, temporary custody and drug, alcohol, and mental health commitment, delinquency, search/arrest warrants, and quarantine-related matters. March 19.
  • An appellate court opinion overturned a previous verdict, allowing trial court judges to consider COVID-19 in hearing defendants’ proposals for reduced conditions of release. March 24.
  • Supreme Court order relaxing remote filings of pleas, motions, and documents, as well as allowing for electronic signatures. April 20.
• Local Actions:
  • Joint order signed by presiding judges of each of Alaska’s circuit courts sets a temporary bail schedule for misdemeanors, ordering releases for those offenses other than domestic violence or stalking. March 27.
  • Anchorage Police wearing PPE. March 22.
  • Juneau Police lobby closed to the public and calls not requiring a physical response being handled over the telephone. March 23.

Arizona: 

• Department of Corrections
  • Initial Strategy March 18:
    • Both legal and non-legal face-to-face visitation suspended. Prisons will provide two 15-minute free calls per week.
    • $4 copay for health care services waived for those experiencing flu or cold-like symptoms.
    • Free hand soap on request.
    • Case-by-case movements of those incarcerated
    • Deep cleaning at each facility,
    • Employees going through symptoms check when entering facility
    • All classes cancelled.
  • Work crews are still being sent out on limited and as needed basis. March 23.
  • Claims of a lack of hygiene and cleaning supplies by incarcerated individuals, as well as from the Director of the Arizona Correctional Peace Officers Association. March 20.
  • 140 women under ADC control relocated from prison to Hickman’s Family Farms so that they can continue their work release there for the duration of the pandemic. March 25.
• Court Actions:
  • Contact with probation officer for those on juvenile probation can be done with approved technology. March 20.
  • Allow suspension of time requirements under Code of Judicial Administration. March 13.
  • Supreme Court Orders the following: All in-person proceedings should be avoided to greatest extend possible (use of video and teleconferencing unless unconstitutional), rescheduling of jury trials through 4/17, liberally granting continuances, allowance of suspension of local rules/orders, and time during pandemic doesn’t count towards time calculations for most issues. March 18
  • Maricopa and many other counties courts are closed for physical access unless constitutionally or statutorily required. Much of business being replaced with technology. March 24.
• Local Actions:
  • Coconino County: Sheriff released 50 people from jail due to coronavirus. Done through bond reductions and issuance of citations in lieu of arrest. March 23.
  • Pima County: Prosecutors working with other agencies to release low-level pre-trial defendants by 3/27. Looking into housing options for those that don’t have a home. March 24.
  • Maricopa County:
    • Sheriff’s office telling deputies to try and utilize citations or warnings for misdemeanors. March 21.
    • Jail work furlough and work release programs are temporarily suspended. Those participating will be able to go home at night rather than back to jail. Prosecutors and probation offices will seek to modify probation instead of putting individuals back into custody once the suspension is over. March 26.

Arkansas:

• Department of Corrections: 
  • Governor Hutchinson specifically not considering early releases of at-risk incarcerated individuals as of after March 18^th ACLU letter calling for commutations. Hutchinson: “I’m not aware of any particular problems with overcrowding. I think it’s being maintained well.” March 19. Board of Corrections is already allowed to release individuals due to overcrowding under the preexisting Emergency Powers act and is considering doing so soon. .March 23.
  • Initial Strategy March 16:
    • Visitation suspended for 21 days. Waiving connection fee for phone calls, reducing per-minute cost to 15 cents. Video visitation now $2.50 for a 30-minute call at state prisons, 15 cents a minute at halfway houses.
    • Parole Board hearings conducted via telephone.
    • Incarcerated individual transfers and furloughs suspended for three weeks, other than work-release.
  • Screening of staff and new/entering incarcerated individuals being conducted. March 16.
  • Transferring new arrivals from county jails in groups of roughly 50 at a time to be quarantined together for two weeks. March 19.
• Courts Actions:
  • Supreme Court statement encouraging courts to delay non-essential court functions at least 30 days, but retain initial appearances, probable cause hearings (for adults and juveniles), hearings to satisfy speedy trial requirements, cases involving victims under 14, juvenile detention hearings, habeas corpus hearings, and hearings on temporary restraining orders and injunctions. Encourages remote work by staff. March 6.
  • Supreme Court statement recommends courts implement telephone/videoconferencing capabilities and to avoid non-essential proceedings. March 13.
  • Supreme Court emergency precautions announcement to comply with recommendations against gatherings of 10 plus people:
    • All in-person proceedings suspended through April 3^rd. Exceptions include proceedings necessary to protect constitutional rights of defendants and juveniles such as probable cause and speedy trial hearings, those with victims under 14, and those on habeas corpus. Additional exceptions include civil/criminal trials in progress from March 17^th, child custody/emergency placement/guardianship proceedings, protective order hearings, COVID-19-related hearings, time-sensitive oral arguments.
    • Courts encouraged to use teleconferencing to further limit these in-person interactions for these. Jury summonses suspended through May 1^st. Nonessential travel by judiciary employees suspended. March 17.
  • Supreme Court announcement closing Justice Building in Little Rock until further notice. Supreme Court clerks and Appellate Court to remain open. Previous in-person proceedings suspension extended until April 17^th. Broadens authority of clerks to grant extensions during COVID-19 pandemic. March 20.
• Local Actions:
  • Washington County: Jail suspended visitation, announced March 19^th release of 70 individuals more medically vulnerable to coronavirus, subject to electronic monitoring.
  • Pulaski County: Jail suspended visitation, offers 1 free 30-minute video visitation per week, released 26 non-violent individuals between March 13^th and March 23^rd in consultation with courts. 6^th Judicial Circuit Prosecutor (covering Pulaski) still not limiting low-level arrests, but no longer requiring in-person attendance of staff in hearing unless necessary. March 23.

Craighead County: Jail suspended visitation. Sheriff released 15 misdemeanants to free up 20 bed barracks for quarantines. March 23.

• Jefferson County: Sheriff suspended visitation in jail. Also stopping referral of most of those charged for non-violent offenses to jail. March 23.

California: 

• Department of Corrections:
  • Visitation canceled and screening of all staff and entrants. Incarcerated individuals given an additional free phone call per week to as few as one per month depending on disciplinary status. Individuals in the lowest privilege group still denied phone calls. March 14.
  • Newsom issued an Executive Order halting intake at prisons and juvenile detention facilities. March 24.
  • The California Department of Corrections and Rehabilitation announced planned expedited releases of up to 3,500 nonviolent incarcerated individuals. It also announced expedited parole for nonviolent incarcerated individuals with 60 days or less. The CDCR also suspended intake from county jails. March 31.
  • Board of Parole hearings conducted remotely. In-person check-ins suspended for parolees over 65 or with chronic medical conditions. April 1.
  • Cloth face-coverings required for staff and incarcerated individuals. Prison industries producing hand sanitizer and masks. April 14.
  • Executive Order from Gov. Newsom expediting release processes within Division of Juvenile Justice by allowing discharge and reentry hearings via videoconference. April 14.
  • Released individuals given masks. April 20.
  • 1,928 individuals transferred out of lower level dorms to alternate institutions with cell vacancies to facilitate social distancing. April 29.
• Court Actions:
  • Supreme Court guidance for lower courts regarding emergency orders, authorizing their use and presumptively approving granting relief for physical filing deadlines, proceeding and trial deadlines, restraining order duration, preliminary examinations, and juvenile dependency petitions. March 16.
  • Supreme Court expanded mandatory electronic filing of all court documents. March 18.
  • Statewide Supreme Court order suspending jury trials for 60 days. March 23.
  • Judicial Council adopted new emergency rules allowing for extensions of various pre-trial hearing and detention deadlines for longer periods. March 28.
  • Judicial Council adopted new emergency rules instituting $0 statewide bail for misdemeanors and lower-level felonies, and a suspension of eviction and foreclosure hearings. April 6.
  • Judicial Council requires electronic service of documents for most civil cases. April 17.
  • Judicial Council gives judges discretion to backdate modification requests for child/spousal support orders during COVID-19 state of emergency. April 20.
• Local Actions:
  • Los Angeles County has reduced its jail population by 5,000 since the beginning of the outbreak, a nearly 30% decrease, according to the LA County Public Defender. Releases have focused on older incarcerated individuals and those held pre-trial. The public defender and district attorneys agreed on lists of individuals, submitting them to courts for release orders. Sheriff Alex Villanueva expedited releases of incarcerated individuals with less than 30 days remaining in their sentences and is issuing citations rather than arrests for most offenses carrying bail under $50,000, other than domestic violence charges. April 30.
  • Santa Rita jail in Alameda County released 314 people as of mid-March—247 were given early releases while another 67 were released on their own recognizance. March 19.
  • San Diego Sheriff’s Department instituted new measures for its 7 jails, including meals in cells, suspended visitation and programming and obtained approval for early releases. March 13. 300 incarcerated individuals released by mid-April; prosecutors objected to roughly 200 proposed releases. April 15.
  • San Mateo County released 382 people from its county jails, with priority to incarcerated individuals 65 and older. April 16.
  • San Francisco County released nearly half of its incarcerated population as of January 21^st from its jails, down to 766 from 1,238 by early April. April 6.
  • Santa Barbara County has released half of potential arrestees with citations rather than admitting them to county jail. April 20.

Colorado:

• Department of Corrections: 
  • March 11^th DOC announcement:
    • Visitation suspended at all prisons—non-contact legal visits still allowed. Volunteer activities suspended.
    • Non-essential inter-facility staff travel restricted.
    • Parolees who are sick, immunocompromised, over 60, or considered at higher risk of infection not required to report in person to parole offices, will maintain contact with officer remotely.
    • Soap and water available in prison, but not hand sanitizer because of alcohol. Cleaning efforts increased in facilities, and all new/entering incarcerated individuals/staff/visitors being screened.
  • March 23^rd DOC announcement:
    • Free video visitation being planned, incarcerated individuals now receive 1 free 10 minute phone call per week.
    • DOC HQ offices closed, and prisons and parole offices limiting staff present for social distancing.
    • DOC temporarily suspending arrests of parolees for technical violations, relying on alternative sanctions instead.
  • March 25^th Executive Order from Governor Polis:
    • DOC duty to intake incarcerated individuals suspended.
    • Caps on earned time credits, criteria for special needs parole eligibility, and programming requirements for intensive supervision programs lifted.
    • Temporarily waiving caps on appropriations to community supervision to allow for greater supervised releases.
    • Directing the Department of Public Safety to ID funds to offset temporarily suspending supervision fees.
  • Court Actions:
    • State Supreme Court order:
      • All jury calls apart from those for criminal trials facing imminent speedy trial deadlines are suspended through April 3^rd.
      • Petitions for protection orders, bail hearings, probation revocation hearings, plea agreements, detention hearings for juvenile delinquency cases and emergency cases for juveniles such as neglect/custody disputes/guardianship still allowed. March 16.
    • 2^nd Judicial District (Denver area) Order:
      • Increased cleaning in buildings, compliance with Supreme Court order halting new juries, continuing high priority hearings.
      • All in-person civil proceedings converted to remote appearance, other emergency domestic-related hearings.
      • All criminal court hearings remote. Reviewing cases submitted by attorneys of defendants with less than 30 days on sentence, those on work-release, and those determined to be at-risk medically. Widening eligibility for pretrial release on PR bonds to potentially include those with Class I misdemeanor convictions up to two years ago or a felony up to five years ago, or an FTA for either up to five years ago.
      • Adult probation offices closed from March 25^th, supervision meetings being conducted remotely, compliant probationers near end of term will have supervision terminated to reduce caseloads.
      • Revocations will only be filed when dangers to public safety apparent. Summonses for revocations to be set at least 8 weeks out.
      • Diversion courts vacating dockets through May 15^th, and mandatory 90-day jail sentence as condition of participation in DIVERT program as a condition of sentence is waived. March 29.
    • 18^th Judicial District (Populous counties SE of Denver, includes Littleton) order: reduced staffing hours, suspension of jury calls through May 15^th, all hearings suspended through April 17^th, some cases through April 20^th unrelated to public safety threats to continue remotely. Hearings for protection orders, bail, plea agreements, revocations, safety of children, and others deemed to pose risk of imminent risk of financial hardship, health, or safety to continue. Civil cases postponed through May 1^st. Bond forfeitures stayed through May 1^st and bond return dates stayed through May 26^th. March 18.
    • Aurora Municipal Court: Closed through May 1, outstanding payments given 90 day extension. March 16.
    • Boulder Municipal Court: closed to the public until further notice. Most cases currently postponed through early June. Cases with defendants in custody happening remotely. Source.
  • Local Actions:
    • The population of the 15 largest jails in Colorado has collectively decreased by 31% as of April 1^st, from roughly 11,000 to ~7,700. April 1.
    • 2^nd Judicial District (Denver) Order to Law Enforcement: Citation in lieu of arrest encouraged except for clear public safety dangers, violent/sexual/protective order violation offenses. March 27.
    • Denver: Police to default to citations for low-level, non-violent, property, and drug crimes. March 16. Denver’s jail population down 37%, but first incarcerated individual in state recently tested positive for COVID-19 in that jail. March 16.
    • Boulder: Prosecutors and law enforcement pursuing citation in lieu of arrest, identifying incarcerated individuals for early release, filing motions. Focusing on those with less than 45 days in their sentence, those being held pre-trial for inability to pay bond. March 16.
    • Boulder, Adams, El Paso, Arapahoe, Douglas, Denver jails all suspending visitation. Arapahoe, Douglas, Denver jails allowing videoconferencing. March 16.
    • Jefferson County: Jail reduced its population by 43%, lowest population since 2004—targeted individuals with less than 50% of their sentence remaining, reduced bond to avoid pretrial detention for inability to pay. Jefferson County Sheriff considers them “unpalatable for us and unpopular for the public” but necessary. March 16.
    • Weld County: Jail population down 15%, now at 85% capacity. No discussions of early release, quarantine plans instead, despite county having 3^rd highest COVID-19 death toll in state. April 1.

 

Connecticut: 

• Department of Corrections:
  • Visitation, work crews, non-essential transfers suspended from March 12. Recreation limited to one housing unit at a time. March 12.
  • Incarcerated individuals given two free phone calls per week, medical co-pays suspended, attorney visits still permitted, while additional soap and cleaning protocols issued. March 24.
  • Incarcerated individuals who have tested positive for COVID-19 are being transferred to an isolation unit at Northern Correctional Institution. April 8.
  • From late April, DOC using spray disinfectant as part of cleaning at Hartford Correctional Center, with plans to expand to other facilities. April 28.
  • In response to an April 3^rd lawsuit from the Connecticut Criminal Defense Lawyers Association, Attorney General James Belforti said that releasing incarcerated individuals was “potentially dangerous and reckless.” April 15. That said, roughly 727 incarcerated individuals have been released from state prisons since March 1^st as of early April. April 6.
• Court Actions:
  • Lamont issued an executive order suspending all location/venue requirements, and all deadlines for court proceedings during the COVID-19 state of emergency. March 10.
  • Supreme Court announces scheduling and hearings only of priority matters, including criminal arraignments of detained defendants, juvenile detention hearings, abuse relief, and civil protection, and domestic violence hearings, and child custody matters. Jury Trials not currently in progress postponed. March 12.
  • Supreme Court oral arguments postponed and immediate stay of all eviction and foreclosures for 60 days. March 19.
  • Courts closed to public except for those present for hearings regarding restraining/civil protection orders or ex parte motions for custody, as well as criminal arraignment. March 26.
  • Remote filing of temporary restraining orders allowed, eliminating requirement to physically swear under oath. April 3.
  • All jury service suspended until further notice. April 13.
  • Masks required to enter any court building, pursuant to Gov. Lamont’s executive order requiring PPE in public. April 22.
  • Foreclosure hearing cancelation extended through July 18. April 23.
  • Motions in civil cases must be filed electronically. May 1.
• Local Actions:
  • Westport Police Department initially tested drones to help detect COVID-19 symptoms and monitor social distancing before grounding them due to public privacy concerns. May 4.
  • Fairfield Police Department launched a social media campaign called “Law and Order to Go” documenting law enforcement ordering lunch from local businesses during the pandemic. March 20.

Delaware: 

• Department of Corrections:
  • Visitation suspended, incarcerated individuals given two free five-minute phone calls. March 16.
  • Additional mitigation steps include: screening and questionnaires of all new incarcerated individuals and allowed visitors such as lawyers, 14-day quarantine for new admissions, incarcerated individuals given cleaning supplies for their cells. Treatment programs for probationers and parolees suspended from March 24, but supervisees contacting staff remotely in the meantime. Masks provided to correctional staff, healthcare workers, and immunocompromised incarcerated individuals, as well as those in infirmaries and food service jobs. The DOC is not allowing other incarcerated individuals to wear face masks for “security reasons.” April 30.
• Court Actions:
  • Supreme Court order declaring judicial emergency, giving trial courts discretion on whether to continue trials and hearings for civil and criminal cases, encouraging videoconferencing where possible, and suspending speedy trial guidelines. March 13.
  • Supreme Court order suspending rules requiring paper filings. March 16.
  • Supreme Court order suspending statutes of limitations, filing deadlines, and notarization requirements. March 22.
  • Supreme Court order extending previous judicial emergency through at least May 14. April 14.
• Local Actions:
  • Since Gov. Carney’s March 14^th stay at home order, arrests statewide have fallen roughly 45%. Traffic citations, misdemeanor and felony arrests down between double digits to over 60% in New Castle, Kent, and Sussex Counties. New Castle County Police Chief asking officers to use greater discretion in proactive stops about whether arrest is necessary. May 2.
  • State police given authority to pull over cars with out-of-state plates. Once pulled over, police will ask where they are going and that they are required to self-quarantine for 14 days or return to their home state immediately. April 2

Florida: 

• Department of Corrections:
  • Visitation has been suspended but legal visits will not be impacted. March 11.
  • Offering one free video visitation, two free calls up to 15 minutes each week, four free emails, reduced costs of “VideoGram.” March 12.
  • Modified reporting schedules so many individuals on probation are not trying to visit their officer at the same time, but no word on making these visits electronic. March 17.
  • Medical co-pays have been waived for those in jail and prisons (includes staff). Outside work, non-critical transfers, and commitments from county jails to FDC facilities greatly restricted. March 24.
• Court Actions:
  • Supreme Court Orders:
    • Suspended all grand jury proceedings, jury selection proceedings, and criminal civil jury trials (can be overridden by a chief judge under very limited circumstances;
    • Suspension of all speedy trial procedures; and
    • Urging to continue to conduct essential or critical court proceeding but allowing leeway on many statutory time period requirements. Almost all non-essential business is postponed.
  • Most judicial circuits going to non-face-to-face proceedings for essential and non-essential Court Actions. Source.
• Local Actions:
  • Hillsborough County Sheriff: Released 164 low-level, non-violent pretrial defendants. March 16.
  • Seventh Judicial Circuit: Judges, public defenders, and state attorneys working together to review those currently incarcerated/being held pre-trial and identify individuals for early release/release from pretrial detention. So far, several emergency orders have been filed releasing individuals from Volusia and St. Johns County Jails. This circuit and many other circuits have furlough weekend sentences and work-release programs. Sheriff in St. John’s is also requesting officers to cite and release for minor offenses. County jail population has dropped from an average of 432 last year to 392 recently. Flagler sheriff has not issued any directives on cite and release and is against early release of individuals. March 20.
  • Pinellas-Pasco Counties- Coordinated effort to reduce prison population at Pinellas County Jail by prosecutors, public defenders, and judges. Population has dropped by more than 500 people (some through plea deals, others being released pre-trial on own recognizance). Some 220 individuals were sleeping on rubber mats on March 16, in part due to hold on jail transfers to prisons. Pinellas law enforcement have reduced bookings in half. Pasco county jail down roughly 200 individuals. March 24.

Georgia: 

• Department of Corrections:
  • March 16 Announcement:
    • Suspension of visitation (including legal but individual cases will be reviewed), one free 15-minute call and two free emails per week.
    • $5 co-pay waived for COVID-19/flu symptoms, hand soap (two free bars a week)/ hand sanitizer increased (unsure if hand sanitizer available for incarcerated), enhanced sanitation at all facilities and transport vehicles, enhanced screening procedures
    • Movement of those incarcerated only for medical transfers.
  • Those incarcerated have claimed that they have not seen an increase in sanitation efforts, despite what GADOC has said. March 21.
  • GADOC providing information on new changes to each incarcerated individual. Source.
  • Education and vocation limited to programs conducted by internal staff. Source.
  • GA DOC has provided routine updates on positive tests, who is experiencing symptoms, and efforts to quarantine.
  • No plans from GA Board of Pardons/Parole or Gov to release anyone early. March 21.
• Court Actions:
  • Supreme Court March 14 Order for courts to stay open to address essential functions:
    • Where an immediate liberty or safety concern is available;
    • Criminal court search warrants, arrest warrants, initial appearances, and bond reviews;
    • Domestic abuse temporary orders and restraining orders;
    • Juvenile court delinquency hearings and emergency removal matters; and
    • Mental health commitment hearings.
    • To extent possible proceedings should be done by video conference. Additionally, deadlines and time schedules (including speedy trial) have been suspended.
  • Local Actions:
    • Fulton County: Suspension of weekend jail Those individuals can stay home. Sheriff’s office also evaluating jail population to see who can be released. As of 3/23 30 people have been released.
    • Hall County: Released 200 individuals from their jail. Seems to be predominately due to lowered bond amounts or own recognizance for defendants held on nonviolent offenses and those over the age of 60. March 25.
    • Chatham County: Sheriff announced anyone arrested on a misdemeanor will be cited and not brought into jail. March 11.

Hawaii: 

• Department of Corrections:
  • Over 832 incarcerated individuals in Hawaii’s unified prison and jail system have been released early so far. May 11.
  • Visitation suspended from March 13.
• Court Actions:
  • Supreme Court order limiting in-person court appearances for civil, family, and criminal matters apart from time-sensitive and emergency matters. March 16.
  • Supreme Court order closing courthouses to the public except for those on official business. March 20.
  • Supreme Court order appointing a special master to coordinate potential releases. April 2.
  • Supreme Court order postponing civil, criminal, and family trials, absent videoconferencing options, through the end of May or the lifting of the Governor’s emergency declaration. April 17.
  • Supreme Court announces it will hear oral arguments remotely. April 24.
• Local Actions:
  • Hawaii’s Sheriff Division temporarily suspended all eviction penalties. March 17.
  • Through the work of the appointed special master, Hawaii has reduced its jail population statewide by 37% as of May 4^th.
  • Maui Community Correctional Center has reduced its population by 38% as of May 4^th.
  • Despite this, significant overcrowding issues remain. Oahu Community Correctional Center (CC) is 150 people overcapacity, Maui CC is overcapacity by 70, and Hawaii CC is overcapacity by 20. May 4.

Idaho: 

• Department of Corrections:
  • Suspension of 125 administrative regulations on March 23, including several concerning hiring law enforcement staff and probation and parole operations, giving officers additional discretion for handling check-ins and sanctions for their supervisees. Probation and parole officers increasingly only using discretionary jail time when necessary for public safety, making increasing use of GPS monitoring, remote breathalyzing, and citations as alternatives. April 6.
  • All medical co-pays waived for MDLive members through the end of the year. COVID-19 related tele-visits will be covered through the end of the year. March 12.
  • Incarcerated individuals receiving 2 free phone calls per week, one free video call per month, two free eStamps per week, and reduced rates for phone calls, eStamps, and entertainment/educational content. Incarcerated individuals have also produced 19,000 reusable masks as of late April. April 27.
  • Visitation and volunteer services suspended from March 13. Continued work-release dependent on company mitigation plans, incarcerated individuals screened upon reentry. March 16.
  • Parole hearings continuing, featuring remote appearance options. March 15.
  • IDOC providing free soap and toilet paper on request, but not alcoholic hand sanitizer. Cleaning schedules have been increased.
  • Intake from county jails continuing, but mandatory 14-day quarantines on entry instituted. April 20.
  • Ongoing overcrowding lawsuit from incarcerated individuals at Idaho Correctional Center, the largest prison in-state, which is holding more than 60% more people than its design capacity. May 7.
• Court Actions:
  • Supreme Court order amending Idaho Criminal Rules allowing extension of statutory trial time requirements for public health reasons. March 18.
  • Supreme Court order announcing reduced operations and limited in-person access to courtrooms, as well as an expansion of videoconferencing for oral arguments from March 26, and extended at least through mid-April. April 14.
  • Supreme Court order suspending new jury trials through August 3 for criminal cases and October 5 for civil cases. Ongoing court proceedings, other than those related to parental rights and felony sentencing to be held remotely. Court rules regarding in-person hearing requirements relaxed. April 22.
  • Supreme Court order suspending evictions for at least 120 days. May 1.
• Local Actions:
  • Ada County Jail (Boise) population down to 736 by April from 1,054 on March 16. As of mid-April, the facility was still housing 173 people for parole violations, including 35 for technical violations. May 3.
  • Canyon County Jail (Nampa) population down to 314 individuals from 464 on February 23. May 3.

Illinois:

• Department of Corrections:
  • All IDOC staff required to wear PPE while on duty. March 31.
  • Visitation suspended from March 14^th; legal visits permitted but subject to medical screening along with staff. Non-essential (i.e. court orders, medical, mental health-related, emergency) transfers suspended. Incarcerated indivdiuals offered two 20-minute phone calls and one 15 minute video visit per week, for 12 weeks from March 20^th. Source.
  • March 26 Executive Order suspending non-essential transfers from jails to IDOC.
  • Over 30 Illinois National Guard medics being deployed there (April 1).
  • Illinois also lacks statutory compassionate release, so action will likely have to come from Governor directly. (March 30)
  • Pritzker: “We inherited a prison system that has suffered from overcrowding after decades of tough on crime policies focusing on punishment without attention to rehabilitation. When we get through this immediate crisis, we all need to have a real conversation about criminal justice reform, and the status and conditions of our state prisons.” March 31.
  • Pritzker prioritizing release for non-violent incarcerated individuals who are at higher-risk for COVID-19 (i.e. elderly, sick, pregnant). So far, roughly 300 individuals released statewide. March 31.
  • Stateville and Sheridan Correctional Centers currently on lockdown after confirmed cases. March 26. In response to these prison outbreaks, public health authorities have shipped 160,000 N95 masks, 200,000 surgical masks, and tens of thousands of gloves to Illinois prisons. March 31.
• Court Actions:
  • March 12 State Supreme Court Order: Encourages rescheduling of non-essential proceedings, essential proceedings encouraged to be held remotely. Also announced livestreaming of oral arguments.
  • March 17 State Supreme Court Order: Directs all courts to establish mitigation plans for their current operations. Recommends remote hearings where possible. Allows suspension of criminal cases to 30 days after Governor’s emergency order lifted, allows evidence to be delivered remotely.
  • March 24 State Supreme Court Orders: Extends appellate and supreme court filing deadlines.
  • Cook County Courts: Issued order on extending previous postponements from March 17 of new criminal/civil cases (i.e. non-emergency matters) through May 18. Employees to work remote as default. Eviction order enforcement ceasing from March 14. Of existing caseloads, priority given to defendants currently in custody, all hearings to use videoconferencing when possible. In-person supervision meetings reserved for medium/high-risk probationers, other supervision meetings to be held remotely. Grand juries suspended through May 18. March 30.
• Local Actions:
  • Cook County: Jail has 238 incarcerated individuals and 115 staff members positive for COVID 19. Quarantine area has been established and 17 incarcerated individuals have been hospitalized and one has died. Hundreds of individuals charged or convicted of nonviolent crimes have been released. Sheriff says 86 percent of the remaining individuals are being held on charges related to violent crimes. April 8.
  • Cook County: Suspending all jail visits other than attorneys/clergy undergoing screening, as well as suspending court-ordered evictions. March 14.
  • Cook County: Jail has set up a field hospital in anticipation of future cases, and the county sheriff is working with the chief judge to identify additional individuals for release. March 31.
  • Will County: Sheriffs issuing citations for misdemeanors. Apparently no jail plan in place other than maximizing social distancing, according to local media FOIA request. Screening of new incarcerated individuals ongoing, but no early releases yet of non-violent/low-level incarcerated individuals. April 1.

 

Indiana: 

• Department of Corrections:
  • Holcomb delegated IDOC head to respond to a coalition letter calling for earlier releases of nonviolent/vulnerable individuals behind bars—the DOC head dismissed this idea given his limited authority to do so absent action from the Governor. Current Indiana incarcerated population is over 50,000 in prisons and jails statewide (over half in DOC facilities). March 25.
  • Visitation suspended at all facilities. March 11.
  • March 16 DOC Order: Directs creation of screening/treatment/containment plans at all facilities.
  • Interim DOC March 23 Guidance: Recommends stockpiling of hygiene and cleaning products (including alcohol-based hand sanitizer), and PPE, while providing free soap to incarcerated individuals and initiating enhanced cleaning protocols. Also recommends suspending co-pays for incarcerated individuals with COVID-19-like symptoms. Guidance recommends restricting transfers that aren’t medically necessary or for critical security/overcrowding concerns. Recommends requiring sick incarcerated individuals to wear PPE along with medical isolation.
  • DOC providing incarcerated individuals two free five-minute phone calls per week. March 18.
  • Addiction recovery programming delayed. Source.
  • Mental health services being offered remotely where possible. Source.
• Court Actions:
  • State Supreme Court March 31 Order: Allows remote oath-taking, electronic signatures under certain conditions.
  • Supreme Court March 31 Order: Keeping existing child custody orders in place. (Source)
  • March 16 State Supreme Court Order:
    • Directs trial courts to develop continuity of operations plans.
    • Recommends suspension or rescheduling of criminal and civil jury trials subject to speedy trial requirements, new juror orientations, and non-essential hearings (i.e. not dealing with domestic violence, criminal evidentiary hearings, emergency matters).
    • Conduct all appearances remotely unless there is a defendant due process violation issue
    • Ordering issuing summonses in lieu of bench warrants for failure to appear.
    • Limiting court spectators consistent with constitutional requirements.
    • Allowing phone continuance requests.
  • March 31 State Supreme Court Order: In regards to community supervision, encouraging greater use of remote conferencing for contact, hearings, and to establish contingency plans for programming and supervision requirements that could be more difficult to meet.
  • Marion County: Courts only holding essential hearings in person. March 25.
• Local Actions:
  • , Senate President Pro Tem, Chief Justice, and House Speaker co-sign letter encouraging local jurisdictions to cooperate and see if jail populations can be safely reduced. April 3.
  • Roughly 77% of Indiana county jails considered overcrowded. March 30.
  • Marion County: Jail quarantining three workers exposed to confirmed COVID-19 patient. Conducting increased cleaning, identifying potential quarantine areas. March 25.
  • Montgomery County: The jail, in cooperation with courts, released roughly 70 lower-level individuals, mostly there for probation violations not involving violence. Also screening and quarantining new admissions upon arrival. March 25.
  • Fayette County: Stopped transferring admissions to state prisons. March 25.

Iowa:

• Department of Corrections
  • March 20 Memo:
    • Volunteer activities suspended from March 9^th
    • Visitation suspended from March 14^th, including DOC work crews—as of March 20^th exploring reduced cost calls, mail, and video visitation options.
    • Screening all new incarcerated individuals for symptoms, continually screening current incarcerated individuals. Quarantine ordered pending testing if symptoms detected. Quarantine areas to house multiple symptomatic incarcerated individuals identified.
    • Staff training on infection control/use of PPE, procedures for replacement requests.
    • Consistent cleaning of high contact areas.
    • No transfers of symptomatic or high risk-exposure incarcerated individuals between facilities, or between jails and the DOC.
    • 4 free emails per week and one free 5-minute phone call per week as of March 24^th. Video visitation piloting underway.
  • DOC expediting release of roughly 700 incarcerated individuals approved for parole and work release to communities or residential facilities. Iowa state prisons already at 23% overcapacity. March 22.
• Court Actions:
  • Supreme authorized remote proceedings in adult and juvenile courts on March 12^th and March 13^th, respectively.
  • State Supreme Court Order on March 14:
    • Criminal jury trials not commenced by March 13 postponed to at least April 20. In rescheduling jury trials, first priority to those where speedy trial requirements not waived and defendants are in custody.
    • Criminal nonjury trials commencing before April 20 allowed to continue. For non-trial proceedings, grand jury proceedings suspended through April 20, written guilty pleas allowed for felony cases, videoconferencing allowed for sentencing hearings.
    • Civil jury trials not commenced by March 13 postponed through May 4, civil nonjury trials allowed to continue through May 4.
    • Non-delinquency juvenile proceedings to continue, delinquency hearings subject to criminal trial restrictions. Diversionary programming authorized to do remote hearings.
    • In-person appellate oral arguments suspended, arguments to be submitted in writing or heard remotely.
  • Supreme Court Order on March 16: Meetings of various court-related commissions and complaint procedures to be held remotely.
  • Supreme Court Order on March 17:
    • Criminal trials jury and non-jury alike not already underway suspended through April 20^th. Traffic proceedings set to commence before April 17^th postponed through April 20^th.
    • Sentencing hearings, initial appearances, bond hearings, can be held remotely. Speedy indictment requirements extended from 45 days to 60 days.
    • Judicial officers encouraged to consider pretrial release options.
    • Civil cases and related hearings to commence before May 4^th postponed until then or conducted remotely as a mediation.
    • Continuing court actions include trials and hearings already in progress, criminal matters that can’t be postponed or conducted remotely, and emergency matters that can’t be conducted remotely (i.e. hospitalization, removal, elder abuse, protective orders, motions to oppose garnishment, and forcible entry/detainers in cases of clear and present danger.
  • Supreme Court Order March 27: Expands previous list of non-case related hearings to be conducted remotely, including bar admission.
  • Supreme Court Order on March 28:
    • Allows for delay of various court deadlines in criminal trials to start from April 20^th resumption date.
    • Electronic signatures now allowed on civil court documents, and mandatory notarization requirements removed from abuse relief petitions, postconviction relief petitions, expungement applications, and diversion-related applications such as those alleging mental impairment or substance-use disorders.
  • Supreme Court Order March 30: Debts/fines/fees 30-day delinquent penalties currently suspended during duration of Governor’s emergency proclamation on March 26.
• Local Actions:
  • Black Hawk, Carroll, Dallas, Dubuque, Johnson, Linn, Polk, and Scott Counties: All have given police extra citation-in-lieu of arrest authority for misdemeanor suspects, other than domestic abuse cases. March 23.
  • Scott County: Jail released individuals who are elderly, medically vulnerable, and near-release in mid-March. As of December, had been 50-70 jailed individuals’ overcapacity. Some convicted defendants not required to report for sentence until June to alleviate space concerns. Screening new admissions on arrival, opening space for isolation rooms, but no coronavirus tests available. March 23.
  • Black Hawk County: County Attorney and State Public Defender agreed on early release of 30 individuals in jail. March 23.
  • Carroll County: Prosecutor dismissing minor infractions, focusing on felonies, looking for early release candidates from jail. Isolation difficult because of pod housing. Speaking on citation in lieu of arrest, county prosecutor has said “I don’t believe in long county jail sentences. I never have and I don’t today.” March 23.
  • Iowa 6^th Circuit (Linn, Johnson Counties: Encouraging citations for misdemeanors according to circuit order. March 23.
  • Polk County: Not planning expedited release because of recent project completed to triple local jail size to 1,500, double current population. Temperature monitoring still in place. March 22.
  • Harrison County: Finding isolation difficult because of pod housing, but new admissions screened, asked about previous travel. March 23.

Kansas:  No centralized public information about testing volume as of May 1, but as of April 30, all residents at Lansing Correctional Facility, where the majority of cases are concentrated, will receive testing. Updated May 1^st.

• Department of Corrections:
  • Visitation suspended from March 13. Passive screening of all employees and contractors upon entry from March 16, active from March 23. Transfers limited to those necessary for safety, and copays suspended for incarcerated individuals visiting medical offices for COVID-19 related symptoms. KDOC Website.
  • From March 23, parole offices closed to the public and contact maintained remotely. In-prison production of cloth facemasks from April 3, and the creation of a new intake isolation unit for initial quarantines of incoming incarcerated individuals. Reduced movement plan in Lansing Correctional Facility to prevent mixing of incarcerated individuals from different cell blocks after initial outbreak. Cloth facemasks distributed to all incarcerated individuals and staff at LCF by April 9. National Guard members deployed at LCF throughout April to assist with medical staff and moving incarcerated individuals to more sanitary facilities. KDOC Website.
    • Dozens of incarcerated individuals at LCF rioted from April 9-10 in the midst of the facility’s ongoing outbreak. April 10.
  • As of mid-April, Gov. Kelly was considering working with the legislature for potential early release of incarcerated individuals nearing their release dates with a “viable release plan.” April 16. By late April, Gov. Kelly had released 6 incarcerated individuals, but stopped as the infection rate at Lansing Correctional Facility grew. May 1.
  • KDOC is testing all incarcerated individuals at Lansing Correctional Facility in the wake of its large outbreak in April. April 30.
• Court Actions:
  • Supreme Court orders from March 18 have restricted courts to essential functions, allowing additional flexibility as local circumstances permitted. These exceptions included probable cause hearings after warrantless arrests, first appearances, bond hearings, warrant hearings, juvenile detention hearings, emergency orders for care, treatment, commitment of those designated as sexual offenders, those seeking protection from abuse and/or stalking, child custody hearings, and isolation/quarantine-related hearings and orders. March 18.
  • Administrative Order permitting chief justice to suspend statues of limitations and other statutory deadlines for judicial proceedings during the pandemic emergency. No actions will be dismissed for lack of prosecution while this order is in effect. March 19.
  • Additional Supreme Court orders from May 1 extending previous orders on emergency procedures, deadline suspensions, authorizing videoconferencing in all proceedings, and allowing for additional flexibility for courts in counties unaffected by stay-at-home orders. May 1.
• Local Actions:
  • Sedgwick County Jail (Wichita) released 200 individuals by late March as part of an ongoing process. The County District Attorney worked with defense attorneys and the sheriff’s office to release individuals charged with misdemeanors, traffic offenses, and low-level felonies on bond. March 26.
  • Jackson County Jail (Topeka area) released 150 individuals incarcerated for non-violent offenses between March 18 and April 10. The Circuit Court, County Prosecutor, and Office of the Public Defender worked together to identify the list of individuals. April 10.
  • Douglas County (Lawrence) released 14 incarcerated of 137 incarcerated individuals in custody and has waived community service requirements during the pandemic to facilitate diversion of cases. April 7.

Kentucky: 

• Department of Corrections:
  • Initial Response (Source)
    • Visitation cancelled as of March 11.
    • Incarcerated individuals allowed one free phone call per week and two free emails.
    • Enhanced sanitation efforts and increased access to hand sanitizer for staff and soap for incarcerated individuals.
    • Transfers are suspended and new admissions are quarantined for 14 days.
  • Governor Beshear: Signed executive order commuting 186 individuals convicted of Class C and D felonies to home confinement. They will be screened then sent home for quarantine. An additional 743 individuals within six months of their sentence will likely also be released in the coming days. If they do not comply with their terms, they will back in prison. April 3.
• Court Actions:
  • April 1 Kentucky Supreme Court Order: Updates previous orders:
    • Suspending all proceedings through May 1^st unrelated domestic violence, emergency custody, temporary child support, criminal evidentiary hearings, in-custody arraignments, in-custody preliminary and bond hearings and motions, in-custody probation violation hearings, and in-custody juvenile detention hearings.
    • All other criminal and civil dockets are canceled/rescheduled unless determined necessary for prompt attention by judges.
    • All participants must be allowed to participate remotely.
    • All judicial buildings closed to the public from April 1^st other than attorneys, clients.
    • All forms, payments to be allowed to be mailed/submitted electronically.
    • Judges recommended to issue summonses in lieu of bench warrants for failure to appear.
    • Fines and fees nonpayment hearings delayed 60 days.
  • Local Actions:
    • In conjunction with state court officials, Kentucky jails have released nearly 30% of their population in the last three weeks. March 30.
    • Kenton County: Released over 274 of 716 individuals housed in jail, deemed by County prosecutor to pose little risk to public safety. March 28.
    • Jefferson County: Detention Center reduced at least 177 individuals awaiting trial by court order. Another 100 incarcerated individuals serving sentences for non-violent crimes released by agreement of prosecutor and public defender. March 29.

Louisiana: 

• Department of Public Safety and Corrections: Incarcerated population has 120 positive cases, two deaths; Staff 78 positive cases, three deaths. Not testing everywhere but DOC website continuing to update numbers and testing sites. LADPS&C. Head warden and medical director at Raymond Laborde Correction Center in Avoyelles Parish has died from coronavirus.
  • Prison Releases: LADPS&C will begin to release individuals early from prison, as announced on April 14 by Governor Edwards. For those in state prisons; only those convicted of nonviolent crimes, have underlying health conditions, and who have six months or less on their sentence, and have proof of housing will be considered for the “furlough. For those housed in jails, same criteria but not the underlying health condition requirement. Overall, this is roughly 1,200 individuals (mostly being house in parish jails). Need to be reviewed by a panel first. Panel includes LA Sheriff’s association, DPS&C, Probation and Parole, District Attorney’s office, and a victim’s advocate as well as other stakeholders. Source.
  • About 200 individuals have been approved for commutations by the Pardon board but need governor approval. April 14.
  • Lawsuit filed in federal court challenging practice of transferring local jailed individuals to Angola or Allen Correctional Center for quarantine if test comes back positive. The Intercept.
  • Suspended all visitation but looking to expand telephone services. Also have quarantine areas put in place at each facility. Transfers also suspended. Facilities are being sanitized more often and everyone coming into facility must pass a health screening test. March 12.
  • Parole, revocation and administrative hearings all postponed. March 13.
• Court Actions:
  • Executive Order: All legal deadlines (civil and criminal) are suspended until at least 4/13. Expiration dates for driver’s licenses that expire on or after March 9 are extended to May 10. March 16.
  • Supreme Court Order on March 20 states all jury trials delayed until at least April 14. All civil trials, hearings, and court appearances set before 4/13 are continued except for certain hearings regarding protective orders and children, which should be done remotely. Additional March 20 order states all filings due by April 13 are timely if filed by April 14.
  • Supreme Court Order on March 23: Allowance of criminal initial appearances, arraignments, and bond hearings to continue and urging them to be done by phone or video whenever possible. Order also clarifies that continuances due to COVID-19 will not be counted towards speedy trial computations.
  • Public Defenders: The LA Public Defender Board held a meeting and passed a resolution where they declared the public defender system is in a state of crisis. Due to public defender’s offices being funded in large part by fines and fees, they are leaving it up to each parish public defender office to determine whether furloughs of public defenders will be necessary. April 3. Reports have come out that many parish public defender’s offices have begun to furlough employees and many offices are in danger of insolvency. April 9.
• Local Actions:
  • East Baton Rouge: Jail population lowest it has been in the past ten years. Combination of 1) local law enforcement no longer booking people on almost all misdemeanor crimes; and 2) release of certain individuals who couldn’t afford their bail. East Baton Rouge jail normally around 1,600 and is now down to 1,256 on 3/20 (doesn’t include convicted individuals at local level or those under LADOC being housed locally). March 26.
  • New Orleans: Public defenders, relatives, and a community bail fund have helped reduce the jail population over 12 percent as of 3/23 since the date of the first positive case in LA. Lowest amount in 30 years. Orleans police will handle more nonviolent offenses with a summons and arrests were lowest they have been since 2009. Jail populations in New Orleans are at the lowest they’ve been in 2020. March 23. As of April 6, population down to 834. Jail’s total population down 24% since first case was detected in Louisiana. April 20.
    • New Orleans DA had accused the public defenders of trying to exploit coronavirus during bond hearings and have argued that most people should stay locked up in jail to protect public health. Since then, nine Orleans parish jail workers have tested positive as of 3/25. DA made a statement on 3/25 that “non-violent pretrial defendants should not be jailed strictly because of financial hardship, and that fewer detainees is a worthwhile goal we must work toward during this public health emergency.” Source.
    • 3/25: Orleans Parish District Court judges issued a blanket order for the release of those in jail if they 1) are awaiting trial for misdemeanor; 2) were arrested for failure to appear at a probation status hearing; 3) are being held for contempt of court; or 4) were jailed for failing a drug screening while on bond.
      • All of these releasees will have to report back to court ten days after normal functions continue. March 26.
    • As of April 20, 56 jailed individuals have tested positive. They have decided to test all individuals, regardless of symptoms.
  • Ascension Parish: Judges, prosecutors working to release those in jail on non-violent offenses. Sheriff not bringing individuals to jail for most misdemeanors. March 17.
  • Lafourche Parish: Has significantly reduced admissions and overall jail population in response to COVID-19. April 17.
  • Jefferson Parish: Correctional center has at least 20 positive cases as of Aril 17.

Maine: 

• Department of Corrections:
  • Visitation suspended from March 14 through June 1. Work-release suspended as well. Probation reporting to take place remotely, and office visits suspended March 14 through June 1. March 16.
  • Increased cleaning procedures and reduced juvenile detentions and probation revocations unless a clear threat to public safety from mid-March. Correctional staff screened on entry prior to shifts. Incarcerated individuals provided with two free additional stamps, 20 free text messages per week, and 20 minutes of free phone calls per week by March 24. System-wide review of juvenile and adult incarcerated individuals for reentry options who are deemed low risk and serving sentences for non-violent offenses. March 20.
  • By April 17, 229 incarcerated individuals had been reviewed for release to home confinement, with 122 approved and 107 rejected. May 4.
  • One free 20-minute videoconference per month offered to incarcerated individuals by April 1. Programming that continues is limited to less than 10 people per classroom, delivered remotely, or moved to larger rooms to facilitate social distancing. March 27.
  • As of mid-April, incarcerated individuals had produced 5,000 cloth masks, 500 gowns, and 250 face shields. April 15.
• Court Actions:
  • Supreme Court order consolidating previous orders relaxing rules to facilitate remote appearances, electronic filings, and relaxed deadlines. March 30.
  • Supreme Court order establishing procedures for hearing disease control-related matters. April 17.
  • Supreme Court orders revising preexisting orders, which extends various court and fee deadlines and trial suspensions through June 30 and lifts suspensions on additional case types, expands electronic document filing options, creates an advisory group for information-sharing, and assistance to lower courts. May 5.
• Local Actions:
  • Statewide, Maine’s county jail population reduced by 20% in three works over March. March 30.
  • Cumberland County Jail (Portland) population is down to 311 by March 25, from 400 earlier in the month. March 25.
  • Knox County Jail released 20 incarcerated individuals early by late March. March 25.

Penobscot County Jail reduced their jail population by 50 by late March. March 25.

Maryland:

• Division of Corrections: MD prison system confirms first case on March 30.
  • Procedural Changes
    • Visitation cancelled as of 3/12.
    • Five, free 15-minute calls a week. Video visitation will also have free of charge services through Skype at every facility (one free 15-minute visit each week).
    • All programming is suspended.
    • “Grab-and-go” meals with no congregation in the dining halls.
    • Temperature checks and health questionnaires for staff at each shift change.
    • Enhanced cleaning procedures and extra soap at no cost.
  • April 18 Executive Order: Requires the Commissioner of Correction and Maryland Parole Commission to identify certain incarcerated individuals for expedited release or parole. Certain statutory criteria and criteria outlined in the EO will guide the process.
  • According to an incarcerated individual at the Baltimore City Correctional Center, facemasks have not been provided and the facility is “filthy.” Unions representing correctional officers unhappy with transparency and lack of supplies.
• Court Actions:
  • Initial Order from Court of Appeals on March 16, updated on March 25.
    • State courts closed to public through May 1 (very limited exceptions). Each court needs to keep sufficient judges for emergency matters (bail reviews, protective orders, domestic violence, etc.).
    • All other non-emergency actions are postponed unless the Chief Judge of the Court of Appeals says otherwise.
    • Courts are authorized to conduct remote proceedings using electronic platforms.
    • Statutory and rules deadlines related to criminal and juvenile matters are suspended and extended at least 21 days after the courts have been reopened.
  • Foreclosure, ejectment, and eviction proceedings for residential properties are all stayed. March 25.
  • April 14 Administrative Order:
    • Order the courts to work with “justice system stakeholders to identify at-risk incarcerated persons for potential release.”
    • Schedule hearings for the next business day that involve the service of a warrant for minor offenses, failure to appear, or failure to pay court costs/fines/child support.
    • Expedite hearings for motions for review of bonds and similar matters.
    • Criteria for pre-trial detention/sentencing policies.
    • Continue to hear these emergency matters either in person or electronically.
  • Local Actions:
    • Baltimore:
      • City’s State’s Attorney’s office ordered to drop all pending criminal charges for drug possess, attempted distribution, prostitution, trespassing, minor traffic offenses, open container, and urinating in public. March 18.
      • Baltimore Police using discretion in arrest decisions in line with State’s Attorney’s order. March 20.
      • City’s State’s Attorney Marilyn Mosby has asked Governor Hogan to release some non-violent incarcerated individuals. Hogan has refused saying at one “Right now we are trying to keep citizens on their home and the last thing I want to do is release people that are now in quarantine.” March 23. Hogan’s office now (March 30) may be considering the proposal.
      • 200 Johns Hopkins University public health faculty and staff penned a letter asking for Hogan to release older, immunocompromised and parole-eligible individuals. March 28.
      • As of April 3, 60 pre-trial defendants have been released.
    • Anne Arundel County:
      • Released over 30 pre-trial defendants facing minor charges. Joint effort from prosecutors and public defenders. Another 33 will be getting a bail review hearing. More than 200 were looked at. March 20.
      • County police asking the public to report minor crimes online. Source.
      • Prince Geroge’s County: 50 pre-trial defendants released from jail. More releases are expected due to cooperation from State’s Attorneys and public defender’s offices. March 19.
    • Howard County: Court officials reviewing many petitions for early release. March 22.

Massachusetts: 

• Department of Corrections:
  • Visitation suspended from March 12, apart from attorneys. Incarcerated individuals offered two free 20-minute phone calls per week and reinstated phone privileges for those temporarily on disciplinary suspensions from March 14.
  • Screening instituted for all entrants upon arrival. More frequent cleaning regimens were instituted, and incarcerated individuals were given access to soap, water, and hand sanitizer, with replacements as needed. Intra-facility movement restrictions in place from April 1. Medical co-pays waived until further notice. April 21 .
• Court Actions:
  • Supreme Judicial Court rules that anyone being held on a non-violent offense and is not being held without bail, has a rebuttable presumption of release. They shall be ordered released pending trial “unless an unreasonable danger to the community would result, or the individuals presents a very high flight risk.” April 3.
  • Supreme Judicial Court order extending current procedures postponing jury trials through July 1 and continuing limited public access to courthouses apart from emergency hearings that cannot be addressed virtually through June 1. April 27.
• Local Actions:
  • Since the Supreme Judicial Court’s April 3 ruling, 993 incarcerated individuals received early releases across Massachusetts’ prisons and jails. 59 of these releases occurred in Worcester County. May 5.
  • Between April 3 and May 5, County jails have administered 300 tests. May 3.
  • Berkshire and Suffolk County District Attorneys have claimed they have struggled to identify potential incarcerated individuals for early release because of a lack of up-to-date data from their respective sheriffs, in part due to outdated data systems. April 22.
  • The Massachusetts National Guard has erected a medical tent on the grounds of the Hampshire County Jail. April 2.
  • Hampden County Jail Sheriff’s Department staff required to wear masks and are screened on arrival. The District Attorney has agreed to the early release of a “handful” of individuals more vulnerable to COVID-19 who are considered low-risk, but opposes efforts by the Committee for Public Counsel Services for additional releases. April 2.

Michigan:

• Department of Corrections:
  • DOC Initial Response (Updated April 1)
    • Requiring PPE for all staff when transporting incarcerated individuals. As of April 1, beginning to get PPE for all staff. Staff is allowed to bring their own.
    • Visitation suspended (except attorneys). Two free five-minute phone calls and two free emails per week.
    • Some face-to-face programming with volunteers/contractors suspended, but some contractors still allowed. MDOC working with higher education institutions to bring “correspondence courses.” Programming (GED) taught by MDOC staff will continue, although union rep has said classes need to be suspended or limited due to large outbreaks in facilities (141 incarcerated individuals tested positive as of April 1). Four prisons on lockdown due to outbreaks and have suspended classes. President of union did acknowledge the risk of not continuing classes as well. GED necessary for release for many so continuing classes is important.
    • Enhanced screening for anyone entering facility.
    • Parole Board lifer and commutation public hearings are postponed but other hearings done by video conference.
    • Transfers to different facilities need approval.
    • Encouraged to do non-face-to-face meetings when feasible.
    • Bleach allowed to be used during cleaning and additional soap/other cleaning products have been made more readily available. More frequent cleaning.
    • Have some test kits but need MDHHS authorization to use first.
    • Michigan DOC has done a good job of keeping real-time numbers how many incarcerated individuals have tested positive and from where.
    • Small group settings for programming and limited crowds in “chow hall.”
    • Co-pays have been waived.
  • Governor Whitmer signed an EO on March 30 memorializing many of the DOC procedures outlined above that have been in place since early March.
  • Governor Whitmer is working with DOC to expedite many parole releases to reduce prison populations. AFP Statement of Support on April 1.
• Court Actions:
  • EO Signed on March 15: To the extent possible, all essential criminal matters should be done electronically. All non-emergency criminal matters are adjourned until at least April 3. Criminal matters where defendant is not in custody can be adjourned.
  • March 11 Email to Courts: Physical courts only open for emergency matters but all matters should be done electronically when feasible.
  • March 18 Order from Supreme Court
    • All civil matters (except for certain protection orders, certain family law matters, certain child protective matters, certain emergency probate matters, or infectious disease proceedings) must be done by video technology or they will adjourned until at least April 3.
    • No bench warrants for failure to appear for traffic matters.
    • Court pleadings can be filed by alternative means.
  • March 23 Order from Supreme Court: Suspension of most filing deadlines during State of Emergency for non-emergency filings that are required to initiate civil/probate cases.
• Local Actions:
  • State Response: Governor Whitmer signed an EO on March 29 allowing jails to institute protocols that they can take under current law when there is overcrowding, given broad authorization to sheriffs to release certain eligible individuals from local jails.
    • The EO states that anyone in charge of releases (sheriff generally) are strongly encouraged to release the following: 1) the elderly; 2) medically frail; 3) those that are pregnant; 4) people nearing their release date; 5) anyone who is incarcerated for a traffic violation; 6) anyone who is incarcerated for failure to appear or pay; and 7) anyone with behavioral health problems who can safely be diverted for treatment.
    • The EO also suspends transfers from jails to prisons. If the jail can show the DOC that they are implementing risk reduction protocols that were outlined for DOC in the EO, they can resume transfers (with exceptions).
    • Parole violators in DOC’s custody cannot be transported to county jail unless the jail has implemented risk reduction protocols.
    • Requires the State Budget Office to give money to counties to reimburse them for holding those that would have been transferred to prison.
    • Urging the elimination of any form of juvenile detention or residential facility placement for juveniles unless there is a “substantial and immediate safety risk to others.”
    • Unless required by court order, out-of-home confinement for technical violations and any requirements for in-person meetings with probation officers is suspended.
  • Macomb County: Jail population down from 875 in mid-March to 540 as of April 1. Both pre and post adjudication. April 1.
  • Oakland County: Jail population down from 1,262 in beginning of March to around 927 as of April 1. Reviewing sentences of “nonviolent offenders” and those with medical conditions. Many at end of their sentence. Unclear whether some are pre-trial.
  • Wayne County: Jail has release nearly 384 individuals charged/convicted with nonviolent offenses as of April 1.
  • Kent County: Jail has about 150 less individuals than usual as of March 25.
  • Washtenaw County: Population down about 120 less individuals. March 24.
  • Genesee County: Sheriff has reduced jail population by more than 100 as of March 27 (lowest count in the past 29 years). Mainly individuals convicted of low-level offenses near the end of their sentence.
  • Jackson County: At least 114 individuals have been released as of March 31. As with many other counties, this is following Gov. Whitmer’s EO.

Minnesota:

• Department of Corrections:
  • Summary of Response:
    • Visitation currently suspended. Transfers limited and subject to screening on departure/arrival. Staff screening ongoing and handwashing required on entrance to all units.
    • One free 15-minute video visit per individual per week as of April 1, and two free phone calls per week. Additional paid video visits are 30% of normal cost as of April 4.
    • Reusable/washable PPE being distributed to all individuals and staff. Prison industries currently manufacturing additional PPE.
    • Those displaying COVID-like symptoms are quarantined before positive test results and those interacting given PPE.
    • DOC Commissioner is considering granting medical/conditional work release. Currently identifying medically at-risk incarcerated individuals for possible living arrangement changes in the meantime.
      • Considerations as of April 3 include release those convicted of non-violent crimes within 90 days of their release and moving them to work/educational release programs. Gov. Walz also reportedly open to executive order to those convicted of nonviolent offenses within six months of release absent legislative action. April 3.
    • Court Actions:
      • March 20 Supreme Court Order:
        • Places restrictions on in-person hearings and courthouse access while offering more flexible for remote hearings.
        • Appellate courts to continue proceedings, authorized to conduct remote hearings or grant extensions.
        • District Court trials begun from March 13 to continue unless suspensions necessary for health/safety reasons.
        • No new jury trials before April 22. Grand jury proceedings suspended from March 23 through April 22.
        • Continuing in-court proceedings include bail hearings, plea hearings, sentencing, probation revocation, testimony/evidence provided remotely, in-custody juvenile hearings, remote defendant/attorney appearances.
        • Continuing hearings on emergency matters related to public health/safety (ie. civil commitment, emergency change of custody/guardianship, protection orders).
      • Local Actions:
        • Hennepin County (Minneapolis): County Attorney has started listing individuals for likely release and jail population already down from 815 to 602. March 20. Appears to be largely release on bail. March 16.
        • Ramsey County (St. Paul) jail has furloughed “dozens” of individuals held on non-violent crimes. March 20. Goal is at least a 10% percent reduction (about 50 individuals) to clear one pod for quarantine. Early releasees subject to home monitoring. Sheriff also deprioritizing misdemeanor/driving-related arrests and allowing delayed reporting to jail for those recently sentenced until post-April 15^th. March 17.
        • Stearns County (St. Cloud): Jail cancelling visitation, outside programming, exploring initial court appearances via CCTV. March 16.

 

Mississippi: 

• Department of Corrections:
  • Suspension of transfers of incarcerated individuals from county jails to MDOC facilities. Additionally, suspending visitation at all facilities. March 12.
  • Attorneys and essential visitors will still be allowed and visit areas will be sanitized after each visit. Two free five-minute calls a week. March 12.
  • Encouraging community supervision check-ins to be done through office windows, e-mail, phone, or video technologies. March 20.
  • MS has restitution centers (go to work during day, sleep at the center at night) to pay off court ordered debts. No longer allowed to work for next thirty days so individuals remain detained without accruing any income to be eligible for release. MDOC has stated they are not releasing any individuals early but taking other precautions such as more hand sanitizing stations, canceling programming, increased cleaning of facilities. March 20.
  • Advocacy groups call for more transparency in steps Mississippi prisons and jails are taking to combat coronavirus and more information on testing numbers and results within the facility. Prison officials claim no positive tests as of now. April 3.
• Court Actions:
  • MS Supreme Court Emergency Orders:
    • Allowing the postponement of any trials, eliminating or greatly reducing jury summonses, limiting Court Actions to only those necessary, allow judges to extend deadlines/hearings/trials/drug testing. March 15.
    • Requiring local courts to remain open but take precautions. March 17.
    • Allowing defense counsel to be in another location than their client through technology during certain proceedings. March 18.
    • Limit in-person, courthouse contact as much as possible using technology. When technology unavailable or prohibited, only essential hearings listed in order should be conducted face-to-face. March 20.
  • Local Actions (March 24):
    • Ridgeland Police Department: Limiting custody arrests when feasible.
    • Madison County: Jail is no longer taking individuals on misdemeanor charges (except for domestic violence, DUI.
    • Oxford Police Department: Scaling back on traffic stops and using citations in lieu of arrest when possible.
    • Starkville Police Department: Increasing presence of police on the street to “encourage safety and security.” Cite and release for misdemeanors, low-level property crimes, unless there is violence.
    • Clay County Sheriff’s Department: Isolating individuals who show COVID-19 symptoms, visitation is suspended. Writing cite and release for almost all misdemeanors. Utilizing video chat for arraignments. Continuing to hold hearings on DV and aggravated assault cases, said DV crimes are up but overall crime is down.

Missouri:

• Department of Corrections: Context: One incarcerated individual has died from COVID-19. (Source) One staffer has tested positive for COVID-19 21 days after going on separate leave.
  • Summary of DOC Response:
    • Visitation and incarcerated individual transfers suspended on March 12.
    • Two free 10-minute phone calls per week, and two free emails per week.
    • Containment plans in place for each DOC facility, regular cleaning schedules, and ongoing PPE/toilet paper manufacture and distribution for those incarcerated and staff.
    • Parole hearings through video conference, increasing use of remote supervision for parolees/probationers. Screening of everyone entering parole/probation offices. Intake screening at halfway houses.
    • Governor Parson not planning to release any incarcerated individuals early, stating “people are incarcerated for a reason.” March 24.
  • Court Actions (Source for below unless otherwise indicated):
    • March 30 Supreme Court Letter highlighting 2019 pretrial rule revisions allowing pretrial release and authority of courts to order release of incarcerated individuals from county jails onto parole.
    • April 1 Supreme Court Order: Suspending all in-person proceedings through May 1^st unless remote proceedings available. Exceptions include proceedings necessary to protect defendant constitutional rights such as speedy trials, juvenile delinquency/abuse/parental custody hearings, adoption hearings, civil/criminal jury trials in progress as of March 16^th, protection order/restraining order hearings, emergency mental health orders, emergency guardianship hearings, and hearings directly related to COVID-19/public health.)
  • Local Actions:
    • Louis:
      • Two staffers in the St. Louis County jail tested positive for COVID-19 in March, currently isolating. Jail also monitoring two incarcerated individuals with “mild” symptoms, though no confirmed test results. April 8. Cleaning now three times a day per shift. Incarcerated individuals given more access to television, phones, recreational time while visitation suspended. St. Louis Justice Center no longer admitting individuals for low-level non-violent offenses. Visitation suspended as well and employees receiving regular temperature checks. March 19.
      • As of March 26, over 100 individuals to be released after consultation between prosecutors, public defenders, courts, and jail staff, with plans for an additional 70. Release considerations include incarcerated individuals enrolled in a 90-day substance abuse recovery program. Low intake as municipal police departments reducing misdemeanor arrests. St. Louis’ circuit Attorney and District Defender have ID’d 56 low-level/medically vulnerable incarcerated individuals for immediate release. The District Defender is filing motions for release or lower bail on an additional 190 cases.
      • Altogether St. Louis city and county jails have released roughly 13% of their incarcerated individuals since March 1^st.
    • Jefferson County: Jail population reducing gradually as judges releasing non-violent incarcerated individuals (total population at 198 as of March 19, 150 of which are there for violent felonies). March 19.
    • Iron County Sheriff says quarantine impossible at his jail as one of the two wings already reserved for sex offenders. Jail population of 12 as of March 11^th Reducing intake, Sheriff saying “We aren’t having anybody come to jail if we can avoid it.” March 19.
    • Jackson County (Kansas City): Jail has released 80 people as of March 27^th after Sheriff sent 133 cases to judges for review. County prosecutor is minimizing bond conditions for defendants with low public safety/flight risk. Prosecutor currently proposing second list for judicial review. March 26.
    • Charles County (suburbs of St. Louis): Jail reduced its population by roughly 20% by March 26^th after joint consultation between prosecutors, public defenders, and judges. March 26.

 

Montana:

• Department of Corrections: MTDOC (also provides summary of DOC protocol).
  • Visitation suspended as of March 18^th. Legal visits encouraged to be remote. If in person, through glass, subject to medical screening. March 18.
  • Facilities increasing cleaning, staggering mealtimes, suspending group activities, changing drug testing to increase social distancing. March 31.
  • April 1 Executive Order from Gov. Bullock:
    • Directing screening of all arrivals at state prisons.
    • Enhanced cleaning plans
    • Continuing visitation restrictions/offering one free video visit and phone call per week, continuing programming remotely as possible, limiting off-site appointments to serious medical needs.
    • Board of Pardons and Parole considering early release for incarcerated individuals who are 65+, medically vulnerable, pregnant, or near release if not a danger to public safety.
    • Most transfers to DOC custody suspended, any arrivals quarantined for 14 days.
    • Jails urged to implement screening, quarantine procedures.
  • Court Actions:
    • March 20 Supreme Court Letter: Directed at state judges urging them to review jail rosters and to “release, without bond, as many prisoners as you are able, especially those being held for non-violent offenses.”
    • March 27 Supreme Court Order:
      • Suspending civil and criminal jury trials/non-emergency hearings through April 10^th except for proceedings able to be conducted remotely. Emergency hearings such as protection/restraining orders must be heard remotely if possible.
      • Criminal trials already underway can proceed. Out of custody criminal hearings postponed through April 10^th unless remote. In custody criminal hearings also delayed except for first appearances, arraignments, pleas, motions, sentencing.
      • Pretrial release/bail, pleas/sentencing resulting in release within 30 days given priority, motions not required.
      • Defense counsel not required to obtain defendant signatures for continuances through April 10^th.
      • While bench warrants for release conditions to continue, they won’t for failure to appear for in-person hearings/pretrial supervision hearings unless necessary for public safety.
    • Local Actions:
      • Gallatin County (Bozeman): Jail releasing those there for nonviolent crimes, providing hand sanitizer, and telehealth options. One incarcerated individual in their jail was isolated, then released after exposure to and a subsequent positive test for COVID-19. April 7.
      • Billings Police Department: Closed its Crime Prevention Center to the public, encouraging officers to avoid close contact with each other. March 24. Officers issuing citations rather than arrests unless required by law or a clear public safety threat present. March 21.
      • Great Falls Police Department suspending local background checks and fingerprinting. March 24.
      • Helena Police Department only conducting in-person responses for crimes in progress, violent crimes, and accidents. They are collecting information over the phone in other cases and suspending enforcement of the town abandoned vehicle ordinance in light of increased working from home. March 24.

Nebraska:

• Department of Corrections: 
  • Visitation suspended as of March 16.
  • New entries subject to screening/questionnaires. March 12.
  • Parole hearings to continue remotely and written testimony encouraged. March 17.
  • All staff, contractors, vendors, Parole Members, attorneys wearing PPE on shift, which is being manufactured by prison industries. April 2.
  • Ricketts not in favor releasing incarcerated individuals, saying “You don’t get sent to prison on your first offense. These are all folks who are there for a reason, and they need to serve out their sentence.” April 5.
  • Doug Koebernick, Prison Inspector General has said there are 869 incarcerated individuals already eligible for parole and capacity for supervised release of an additional 100-200 individuals. Additionally, there is already an ongoing ACLU lawsuit against the DOC on overcrowding. 40% of new intakes last year were for nonviolent property and drug crimes. April 5.
  • Nebraska Fraternal Order of Police has said that corrections workers are concerned about lack of adequate PPE. April 5.
  • While hand sanitizer being manufactured by incarcerated individuals, they’re not allowed to possess it. April 5.
• Court Actions:
  • March 12 Supreme Court Order: Restricting access to court, in-person supervision meetings of people at high risk for COVID-19 exposure.
  • March 19 State Court Administrator letter to Nebraska Association of County Officials: Request to postpone trials and hearings, limit participants in courtrooms, and restrict access to those posing high health risks per March 12^th
  • April 6 Supreme Court Order: Directing that no court should close unless ordered to, but that each should have emergency contingency plans in place.
  • Electronic filing available for all courts and Continuing Legal Education requirements relaxed. Source.
• Local Actions:
  • Douglas County (Omaha): Jail director had staff ID 100 “safest” incarcerated individuals to be released (largely low-level nonviolent offenses). Jail director working with defenders, prosecutors, judges on lowering bail to enable more pretrial release. Screening new admissions/asking about symptoms, exposure risks, and ordering extra PPE and cleaning supplies. Visitation suspended from March 6^th. The jail also stockpiled extra GPS tracking/remote breath testing equipment to facilitate more home monitoring. March 10.
  • Douglas County Sheriff: Responding to all calls, but planning for up to 30% reduction in staff, prioritizing emergency calls if spread thin. Deputies have hand sanitizer and PPE March 18.
  • Omaha Police Department: Planning to take reports over the phone for lower-priority calls. Bulk orders of hand sanitizer en route. March 18.
  • Sarpy County: Dispatchers screening callers about health to allow first responders to take safety precautions. March 18.
  • La Vista Police Department: Lobby closed except for essential/emergency situations. Property releases being scheduled by appointment only. March 18.
  • Kearney and Buffalo County Sheriff’s Offices: Authorized to take telephone reports for incidents not requiring immediate response. March 13.

Nevada:

• Department of Corrections: 
  • Summary of Protocol Implemented
    • Visitation suspended from March 7^th. Employees and contractors screened on arrival, exit, and shift changes. Incarcerated individuals given two free phone calls per week, and from April 7^th, discounts on secure instant messaging.
    • Extra cleaning of high contact surface. Hand soap available in cells and common areas at all facilities. Medical staff wearing N95 masks and gloves. Prison industries manufacturing hand sanitizers, gowns, and other PPE for the DOC.
    • Medical staff monitoring incarcerated individuals for observed/reported symptoms, assessing in infirmary or cells pending test results.
  • DOC lacks authority to conduct early releases, but so far Gov. Sisolak has not committed to early releases. March 27.
  • Nevada Sentencing Commission holding a hearing on April 13 on “Preventing the Spread of Communicable Diseases in the Criminal Justice System.”
• Court Actions:
  • March 19 Supreme Court Orders: Closing the Supreme Court law library, postponing Supreme Court/Appellate oral arguments.
  • March 31 Supreme Court Order: Allowing lower courts to stay hearings on evictions and writs of restitution, while allowing tenants to continue to file motions on matters such as illegal lockouts, contesting property liens, or essential service complaints.
  • District and municipal courts, such as Las Vegas Justice Court and Las Vegas Municipal Court holding most hearings, such as traffic-related matters, over the phone. March 17
  • Las Vegas’ chief Federal District Judge has suspended all civil, criminal, and grand jury proceedings for a month. March 20.
• Local Actions:
  • Clark County (Las Vegas area): District Attorney scaling office back to operate at between 25% and 33% capacity with prosecutors handling less serious cases at home. March 20.
  • Clark County Detention Center: One incarcerated individual has tested positive for COVID-19. Clark County law enforcement not making misdemeanor arrests unless required or a public safety threat is evident. At the county jail, enhanced cleaning, staggered meals and recreation, reduced housing density, screening of staff on entry and isolation of high-risk new or current incarcerated individuals in negative pressure rooms. April 6.
  • Washoe County (Reno/western NV): Sheriff having incarcerated individuals consistently cleaning communal areas, routine screenings of those detained, and has access to over 6,200 testing kits. Isolation plans in place for any incarcerated individual showing symptoms. March 20. Sheriff’s Office also conducting fewer bookings, down 36% from March 2019, and jail population is at 900 from capacity of 1,100, because of increased citation-in-lieu-of-arrest for lower-level offenses. People still arrested for violent crimes, drunk driving. Resorting to blood draw DUI testing as default rather than breathalyzer for safety reasons. Overall, no reported increases in crime. April 8.

 

New Hampshire:

• Department of Corrections (Summary of Policy Changes):
  • Week of March 9: All visitors required to wash their hands or use hand sanitizer (provided in certain areas), resident transfers and intakes require a health screening, Waived medical copays for assessment of COVID-19 symptoms.
  • Week of March 16: Suspended visitation, suspended entry of volunteers/interns, screening of all staff & essential vendors, and limiting transfer between facilities.
  • March 23: Video/self-care behavioral health treatment services made available in lieu of in-person, working to establish more recreation rooms, reduction of activitie in recreation/work sites on prison grounds, no more work crews will go out (only on prison work), accommodations for attorney-client communication were created.
• Court Actions (Overview):
  • Judicial Branch employees & court visitors asked to honor CDC guidance for self-quarantine, social isolation and self-monitoring, COVID_19 administrative leave provided.
  • E-filing encouraged.
  • All courts open during regular business hours, but public access restricted except for individuals who are filing for emergency relief or who are scheduled for in-person Court Actions, all persons seeking admittance screened for COVID-19.
  • In-person hearings restricted to only essential case types, all others suspended.
    • March 27 Orders: Order to NH Circuit Courts; Order to NH Superior Court
  • Local Actions:
    • Rye & Mount Vernon Police: Public park & beach warnings and open letters for citizens not adhering to public health recommendations. March 29.
    • Rhode Island State Police: All out-of-state passenger vehicles have to register for 14-day extended stay & self-quarantine. March 29.

New Jersey: Coming Soon

New Mexico:

• Department of Corrections (Summary of Actions):
  • All visitation & volunteer access suspended (working on video visitation).
  • Staff medically screened before shifts.
  • Inter-facility transfers limited to need-based only.
  • Phone call (1 no cost call/week) and mail materials access increased.
  • All events postponed through end of April.
  • All Parole Board Hearings conducted via video conference.
  • “All admissions from jails and courts are being redirected to the New Mexico Corrections Department’s Reception and Diagnostic Centers at Central New Mexico Correctional Facility in Los Lunas for male inmates and to the Western New Mexico Correctional Facility in Grants for female inmates.”
  • “Necessities including medical services, behavioral health services, access to religious supplies and staff chaplains, food service and recreation are unaffected.”
• Court Actions:
  • New Mexico Courts suspend new criminal jury trials. March 17.
  • Out-of-state travel restrictions for judicial officers & employees. March 17.
  • Remote Court Actions & appearances to fullest extent possible. March 23.
  • Office of Court Administration: Eviction orders temporarily stayed for New Mexicans unable to pay rent on mobile home lot & for Landlord-tenant cases. March 26.
• Local Actions:
  • Santa Fe County: Sheriff’s office will not dispatch deputies to take in-person reports for vehicle crashes & theft, burglary and vandalism w/no suspect info, instead public encouraged to report to dispatch line or electronic filing. March 17.
  • Albuquerque Police & Fire: Increasing police presence across city, officers doing briefings outside, mayor encouraging anyone with non-emergency issues to report online. March 20.

New York:

• Department of Corrections: As of April 22, within the incarcerated population, 263 positive cases, 95 recovered, eleven have passed away (four were parolees), 36 pending tests, and 116 negative. 894 staff have tested positive with two passing away.
  • Summary of Response:
    • As of March 14, visitation suspended through April 29^th. Incarcerated individuals given five free “postage stamps,” two free secure messages per week via tablet, and two free 30-minute phone calls per week. Legal visitation will be non-contact.
    • As of April 9, All staff must wear masks and allowing incarcerated population to use handkerchiefs as masks. Those in isolation are provided surgical-type masks.
    • Suspension of all intake from county jails and internal transfers (except for emergencies).
    • As of March 20, community supervision in-person visits suspended through April 29^th, using remote contact instead. April 20^th Parole Board meeting also cancelled.
  • Governor Cuomo issued a March 27 executive order releasing 1,100 individuals held in local jails for technical violations.
  • Incarcerated individuals manufacturing hand sanitizer (for $6/hr) through prison industries for schools, hospitals, and public transit. Sanitizer being distributed to staff and for use by both staff and incarcerated population. March 10.
• Court Actions:
  • April 6: New York Courts announcement that temporary virtual courts are up and running statewide after being introduced for NYC criminal and family hearings on March 25^th. All hearings for emergency matters are being conducted this way via Skype across all 62 counties. All non-essential functions already suspended.
  • April 6: Supreme Court Chief Justice announced pending plans to expand virtual court operations to non-essential matters in coming days.
• Local Actions:
  • Rikers Island: 647 people have tested positive at Rikers Island Jail Center (273 incarcerated, 321 staff, 53 health workers). April 5.
    • Those jailed at Rikers are being paid $6/hr and offered PPE if they agree to help dig mass graves on Hart Island, an NYC public cemetery. March 31.
  • New York City: Mayor De Blasio has released over 650 individuals, while Rikers Island jail released an additional 28 incarcerated for parole violations. April 9.

North Carolina:

• Department of Public Safety: Policies in Place:

• • Visitation suspended from March 16^th, attorneys and contractors subject to medical screening. Non-essential medical appointments cancelled.
  • Medical co-pays waived for those incarcerated with fever/flu-like symptoms.
  • Pre-paid post cards for incarcerated individuals in solitary confinement without phone privileges.
  • Incarcerated individuals allowed two free five-minute phone calls each week.
  • Staff/those incarcerated engaged in cleaning efforts, including of transport vehicles.
  • Soap/disinfectant distributed to prisons.
  • Non-alcohol-based hand sanitizer created, available at all facilities.
  • New admissions screened for symptoms, quarantined if showing any.
  • Work release program suspended through May 16.
  • Programming limited to reduce number of outside visitors; community college face-to-face instruction suspended.
  • Prisons reducing movement/interaction within facilities to attempt to increase social distancing. Transportation limited to court orders and high priority or healthcare related movements, and transported incarcerated individuals are screened for symptoms, quarantined if necessary.
• On April 20, Johnston Correctional Institution temporarily closed to free staff for reassignment to Neuse Correctional Institution where massive testing has occurred (vast majority of positive cases).
• DPS has begun to allow certain incarcerated individuals to serve the remainder of their sentence outside of correctional facilities (similar to probation. As of April 9, six individuals have been released under this program (all pregnant or women over 65). According to DPS 500 individuals are currently being considered from these categories (all must be in prison for a nonviolent offense although it is unclear whether criminal history plays a factor:
  • Women 50 and older with health conditions (including pregnant women) and scheduled for release in 2020;
  • Men 65 or older with 2020 release dates; and
  • Women and men on home leave or work release with 2020 release date.
• Institution for Women—the two-state correctional medical facilities, broader shortage of PPE for correctional officers as of March 31.

• State Court Actions:
  • March 13 Supreme Court Order: Suspending most Court Actions for 30 days unless hearing can be conducted remotely, is necessary to preserve constitutional rights of the defendant, is to obtain emergency relief, or determined by local chief judge to be able to be conducted under conditions that protect health and safety of participants. Currently empaneled juries and grand juries unaffected.
  • March 15 Supreme Court Memo: Asks courts to drastically curtail in-person appearances.
  • March 19 Supreme Court Order: Extends deadlines for pleas, motions, notices, documents due in criminal and civil courts from March 16 until April 17.
  • March 27 Supreme Court Order: Extending appellate court deadlines from March 27^th through April 30^th an additional 60 days.
• Local Actions:
  • Mecklenburg and Durham County DAs reducing county jail populations of more vulnerable incarcerated individuals. March 24. Roughly 50 individuals in Mecklenburg County released, with more scheduled. March 28.
  • Wake County: keeping four district and superior courtrooms open to speed release of pretrial defendants awaiting hearings, reducing bond requirements, encouraging unsecured bonds for nonviolent crimes. In consultation with state DOC over release of 60+ year old incarcerated individuals. March 24 Wake County DA encouraging citation-in-lieu of arrest. March 28. Chief judge suspended all intermittent sentences. March 24.
  • Alamance County: Jail suspending all intermittent sentences. March 13.
  • Durham County: Jail suspended visitation, screening, quarantining new arrivals. March 24.

North Dakota: 

• Department of Corrections:
  • Visitation suspended from March 12, included for attorneys in most cases, but incarcerated individuals are being offered two free 15-minute phone calls per week and one free videoconference per month. Staff are being questioned and screened on arrival and are wearing masks, gloves, and eye protection. April 6.
  • Incarcerated individuals have access to soap and water, and increased cleaning schedules are being implemented. Medical co-pays have been temporarily waived. Core programming classes taught by Correctional staff are set to continue with social distancing measures in place. April 6.
  • The North Dakota Parole Board is working to facilitate remote parole hearings. People on community supervision are allowed to contact their officers remotely.
  • Director of the North Dakota Department of Corrections and Rehabilitation, Leann Bertsch, co-authored an op-ed on the need for prison and jail releases as part of the COVID-19 response. March 27.
  • The North Dakota Parole Board has approved the early releases of 119 incarcerated individuals in the past two months. May 12.
• Court Actions:
  • Supreme Court administrative order issued March 17 and amended April 15, suspending all jury trials, and in-person specialty court hearings until July 1. It changes the criteria for counting days toward speedy trial requirements and for proceedings suspended under an emergency order. Suspends five-year guardianship review hearings through June and extends current guardianships until further notice. Current detainers and extradition holds are also extended, requiring review hearings by June 15. March 17.
  • Supreme Court administrative orders allowing emergency, guardianship, permanency, and traffic hearings to be conducting electronically while extending various deadlines. March 25-April 8.
  • Supreme Court administrative order enabling district courts to hold bond hearings on warrants issued in other counties, with the issuing county’s consent, as well as for written plea petitions and sentencing for Class C felony defendants in lieu of hearings. April 15.
  • Supreme Court administrative order suspending eviction proceedings by an extra 30 days and allowing remote testimony. April 23.
  • As of May, planning underway for the future transition back to in-person hearings. May 12.
• Local Actions:
  • Burleigh County Jail (Bismarck) suspending visitation and conducting legal visits through glass. The Mandan Police Department is regularly cleaning its patrol cars and work surfaces with disinfectant. March 24.
  • Ward County Jail (Minot) quarantining any incarcerated individuals exhibiting symptoms and increasing cleaning schedules, while distributing masks to staff. Work release programs are currently suspended, and residents of different pods are being kept separate. April 9.
  • Cass County Jail is screening its employees before every shift and providing PPE to all employees after an incarcerated individual tested positive for COVID-19. The individual is being quarantined and all incarcerated individuals have been provided with sanitation spray. April 12.

Ohio: 

• Department of Corrections Summary of Actions:
  • Ohio Department of Rehabilitation and Corrections (ODRC) coordinating with Ohio Department of Health, communicating daily with wardens, Parole regional directions.
  • Alcohol-based hand sanitizers approved within facilities.
  • Visitation/volunteer activities suspended—free extra calls, video visits, and emails being provided.
  • Non-essential employee travel suspended.
  • Work assignments off of state property suspended.
  • Incarcerated individual medical copays for flu-like symptoms waived.
  • Non-critical staff training suspended.
  • Facilities operating normally with “additional safeguards” in place to promote social distancing.
  • Incarcerated individual sanitation teams wiping down surfaces in prisons daily.
  • Prisons continuing to make soap to supplement supplies.
  • Staff screened for symptoms on arrival.
  • As of April 15, Governor DeWine has released 105 individuals for release from DOC facilities with more likely coming.
  • Oriana House in Cleveland (Halfway House), working with local/state/federal officials to release of hundreds of people from their facility and community corrections facilities, focusing on low recidivism risk individuals, those already employed. Population now down by 30-40%. March 20.
• Court Actions:
  • March 18 Opinion from Attorney General: Determined that “yes; courts may suspend jury trials to prevent the spread of the novel coronavirus, and they may do so consistent with state and federal speedy-trial obligations.”
  • March 20 Ohio Supreme Court Guidance Document: Procedures for limiting in-person contact for variety of proceedings and introducing flexibility for required programming and CLE.
  • State Supreme Court to issue $4 million in grants for state courts to purchase videoconferencing technology. March 19.
  • At a press conference with Gov. DeWine, the Supreme Court Chief Justice recommended judges lower pretrial release bonds and reduce jail populations by releasing more vulnerable individuals. March 19.
  • Cleveland County: Municipal Courts issued administrative order to postpone all hearings for people not currently incarcerated, any hearings through April 3 will be rescheduled. Other courts have implemented similar procedures. March 19.
• Local Actions:
  • Cuyahoga County: Judges held a special Saturday March 14 session to expedite cases to facilitate release (guilty pleas, pretrial home confinement, or prison transfers), resulting in release of hundreds of individuals from jail.
  • Hamilton County: Jail has reduced population from 1900+ on March 9 to 1370+ on March 17 to create quarantine space.
  • Berea Municipal Court: Has asked attorneys to advise defendants who don’t intend to plea guilty to stay home and to fill out a form instead. March 19.

 

Oklahoma: 

• Department of Corrections: Summary of Actions:
  • Visitation was suspended from March 13.
  • Offering 10 free phone call minutes per week.
  • From March 18, the DOC activated its pandemic mitigation plan and suspended jail and interstate compact intakes, as well as implementing 14-day quarantines for any individual transported for court appearances or urgent medical appointments.
  • From March 19, all staff screened on arrival.
  • From March 20, 600 DOC staff ordered to telework to improve social distancing.
  • From March 27, all incarcerated individuals receiving free bars of anti-bacterial soap.
  • From March 30, 300 additional staff begin teleworking.
  • From April 1, incarcerated individuals begin sewing cloth masks and manufacturing hand sanitizer for use in prisons by incarcerated individuals and staff.
  • From April 4, all incarcerated individuals and staff issued PPE.
  • On April 5, a temporary statewide lockdown was ordered.
• Court Actions:
  • March 16: Oklahoma Supreme Court order immediately cancelled all future trials for 30 days. All other procedures other than those constitutionally mandated were suspended for 30 days. Emergency matters, arraignments, bond hearings, and other required proceedings handled on a case-by-case basis by the local judge, using remote hearings where possible. Courts also closed to those at high risk of or symptomatic of COVID-19.
  • March 27: Oklahoma Supreme Court Order extended cancellations through May 15, and all courthouses statewide are closed to the public apart from locally determined exceptions for emergency dockets. Remote participation to remain in use where possible.
• Local Actions:
  • Oklahoma County: As of April 17, no positive tests of COVID-19 in the county jail. Unclear how many individuals have been tested. Staff has PPE supply for at least 60 days. Daily population at county jail is down about 200 individuals, mainly due to expanded “cite and release” policies by police department at the urging of the Oklahoma County Sheriff. April 9.
  • Tulsa County: Public Defender’s officer worked to secure bond hearings seven days a week to significantly reduce population of those held overnight or over weekends after the Supreme Court order suspending trials. The county has also made wide use of teleconferencing. The county court announced a March 19 docket for jail release motions and the public defender reviewed current jail population for potential releases, securing them for 40 individuals. The public defender’s office is currently operating at 1/3^rd capacity to limit exposure in case of needed quarantines.
    • As of March 21, the Tulsa county public defender and prosecutors worked together to secure the release of over 75 individuals.
    • Tulsa County Police are apparently still arresting people for low-level offenses like failure to pay court fines, writing bad checks, and outstanding speeding tickets. 90 recent misdemeanor bookings, half of which were nonviolent, compared to two non-violent misdemeanors at Oklahoma County jail. March 24.
    • Jail population decreased by 15 percent since roughly ten days prior to March 28. Mainly due to officers not arresting some for low-level offenses (although this is still occurring) and due to specialized court dockets described above.
    • Tulsa County Jail has waived all fees for videoconferencing with attorneys since they are not allowed to do in-person visits. The fees have been waived since late March and a recent amendment to the contract that those communications will be privileged. April 14.
  • Norman Police Department/Animal Welfare Enforcement: Taking non-emergency reports online/over the phone, returning property by appointment. March 20.

 

Oregon: 

• Department of Corrections:
  • Visitation suspended from March 12, two free 5-minute phone calls per week provided from March 17. Social distancing encouraged and volunteer visits and programming suspended. Source.
  • Incarcerated individuals are isolated from members of other housing units, and seating capacity has been reduced in dining areas and prison chapels. Incarcerated individuals at Eastern Oregon Correctional Institution have been producing masks, and all individuals in custody have been given two, and each member of correctional staff one. Incarcerated individuals exhibiting symptoms are tested, but not placed into medical isolation until a positive result is confirmed. Source.
  • The DOC has identified incarcerated individuals who are elderly or more medically vulnerable, and attempting to reduce their potential exposure to COVID-19.
  • Individuals in Alternative Incarceration Programs (AIPs), which reduce sentences through earned time credits in exchange for programming participation, are able to continue to earn their credits through alternatives while instructors are unavailable for in-person programming. Source.
  • Brown requested data on April 6 on certain populations of incarcerated individuals for potential early release. Thus far she has indicated she wouldn’t consider early releases to reduce COVID-19 risk. April 24.
• Court Actions:
  • Oregon’s Statewide Family Law Advisory Committee issued guidance for courts on addressing custody and parenting time disputes to best reduce the risk of COVID-19. March 26.
  • Supreme Court order extending restrictions put in place early in March on trials and other proceedings through June 1. Essential proceedings, such as those involving protective orders, child custody disputes, and quarantine-related hearings to continue with in-person contact minimized. Court staff encouraged to continue to work remotely, and judges encouraged to reduce or waive fines and fees for those with limited resources while working to reduce jail populations. March 27.
  • Supreme Court order allowing at-risk jurors to contact courts to reschedule their jury service. April 7.
  • Supreme Court order requiring habeas corpus hearings to continue to be scheduled during suspensions of court operations. April 7.
• Local Actions:
  • Oregon County jails reduced their average daily population by nearly 45% by late April. The state Sheriffs’ Association attributes this to fewer people being arrested and more vulnerable incarcerated individuals being released. April 24.
  • Washington County Jail (Portland area) reduced its incarcerated population by over 120 through a mix of standard and early releases to create extra quarantine capacity by mid-March. March 17.
  • Multnomah County (Portland) cut its jail population roughly 30% over a month through a combination of citations rather than arrests for most misdemeanors and early releases of individuals at high medical risk or who are nearing the end of their sentences. Juvenile detentions also fell over 50% due to increased use of community supervision. April 14.
  • Clackamas County Jail (Portland area) has enhanced its cleaning procedures, distributed PPE and conducted extensive screening of incarcerated individuals and staff, recently earning full medical accreditation from the National Commission on Correctional Health Care. April 25.

Pennsylvania: 

• Department of Corrections; As of April 15, 24 staff have tested positive (105 negative) with no deaths, while 17 incarcerated individuals have tested positive (53 negative) and one death.
  • DOC has begun releasing individuals through 1) parole furlough; 2) maximizing parole releases; 3) reviewing parole detainers in state and local facilities; 4) expediting release for anyone who has a home plan; and 5) reviewing individuals beyond their minimum sentence. Between these releases and the Governor’s “reprieves” (see below) DOC population down roughly 550 individuals.
  • On April 10, Governor Wolf Issued “reprieves” for incarcerated individuals who met certain criteria. 25 individuals have been released under reprieve as of April 16.
  • Summary of Other Actions:
    • As of March 29, entire DOC system is under a quarantine. Individuals will be fed in cells and will be afforded out-of-cell time for video and phone calls, access to library, and in-cell programming.
    • Visitation suspended March 13-April 10 except for attorneys after medical screening, which applies to staff as well. Closed courts to the public March 18^th.
    • New video visitation program to facilitate remote contact with families. Have conducted 10,991 video visits from March 19-April 12.
    • Masks required for all staff.
    • Correctional industries manufacturing masks, anti-bacterial soap to augment supplies.
    • Soap provided free to incarcerated individuals.
    • Incarcerated individuals receive five free 15-minute calls, one video call, and five free emails per week, and 12 first class letters per month.
    • Commissary caps up to $100/wk from $70/wk.
    • “Activities departments have increased activity opportunities.”
    • Town hall meetings for incarcerated individual education on COVID-19.
    • Screening of all incarcerated individuals on entry/exit, of all new incarcerated individuals pre-admission. No releases without initial screenings. Incarcerated individuals with symptoms from counties not accepted.
    • Medical copays waived for incarcerated individuals with flu-like symptoms.
    • Incarcerated individuals given disposable masks, materials to clean cells daily.
    • Extra cleaning of vehicles, and all equipment cleaned throughout the day/after each shift.
    • DOC Training Academy/Incarcerated individual culinary academy suspended from March 16, as well as gyms, barber shops/cosmetology.
    • Libraries (except legal) closed, but incarcerated individuals can request books from them for delivery.
    • Parole hearings to continue as scheduled unchanged.
    • Supervision agents increasing remote contact
  • Court Actions (Source for Supreme Court Orders):
    • Pennsylvania Supreme Court issued statewide judicial emergency March 16^th through April 14 (now through April 30), allowing local courts to issue local emergencies, enabling use of remote proceedings or closures as necessary but closure of physical courts in effect until at least April 30.
    • Various filing deadlines extended to April 30. However, the orders shall not infringe on a defendant’s right to a speedy trial.
    • On April 13, Supreme Court extended filing deadlines for Supreme Court cases to April 30 except for matters relating to elections, review of special prosecutions, and “matters classified as Children’s Fast Track.”
    • The Pennsylvania Supreme Court denied a petition from the Pennsylvania Prison society to grant immediate presumptive release to certain incarcerated individuals due to COVID-19. However, the order also directs the “President Judges” of each judicial district to “identify individuals and/or classes of incarcerated persons for potential release or transfer to reduce the current and future populations of the institutions during this health crisis…” April 3.
  • Local Actions:
    • Philadelphia: Police Commissioner notified commanders of delayed arrest policy for nonviolent crimes (including theft, drug/financial crimes, prostitution). Police take fingerprints and delay arrests. Supported by Fraternal of Police. Reassigned plain-clothes officers and put a temporary stop to non-essential training and vehicle impoundment. March 18.
    • Scranton: Police Department telling residents to file reports of minor crimes not in progress online rather than in person, has barred public access to lobbies for non-emergencies, ended start-of-shift roll calls. March 19.
    • Erie: Police Department taking reports of minor crimes (i.e. theft, criminal mischief), only dispatching for follow-up as necessary for public safety. PD stocking up cleaning supplies. March 19.
    • York County: District Attorney’s office put out a memo stating they would be reviewing cases for 1) early parole, particularly those that are elderly or with underlying medical conditions; 2) modifications of bail pretrial for certain defendants to decrease jail population; 3) and parole/furloughs for those on work release. March 25. UPDATE: Some individuals have begun to be released from jail and 32 individuals have been paroled from work release while nine others were furloughed.

 

Rhode Island: 

• Department of Corrections:
  • Visitation suspended from March 11, and enhanced cleaning of high contact areas underway. March 11.
  • From March 18, in-person probation and parole visits are suspended in lieu of remote contact. March 18.
  • DOC, public defender’s offices, and attorney general’s office looking at reducing incarceration numbers for individuals being held on low bail amounts, and individuals with less than four years remaining on their sentence to see if they have lost good time and whether that could be restored. Weekly lists are being created and 108 incarcerated individuals have been identified for potential release as of late March. March 25.
  • Intake units have negative pressure cells with HEPA filters and have been used to house incarcerated individuals who have tested positive on intake. The Rhode Island Brotherhood of Correctional Officers has complained that correctional staff have not received N-95 masks. April 23.
• Court Actions:
  • The Supreme Court of Rhode Island approved a list of 52 individuals to be released after expedited hearings. The list was submitted together by public defender’s office, attorney general’s office, and the Department of Corrections. April 3.
• Local Actions:
  • Due to its small size, Rhode Island has no jails, holding all incarcerated individuals in its prisons.
  • As of mid-April, 10 Providence police officers had tested positive for COVID-19, and all are required to wear masks during interactions with the public or while entering any building. April 17. The Department is asking citizens to use online reporting or to call their business line for non-emergency calls to limit unnecessary interactions during the pandemic.
  • Rhode Island police have been stopping cars with plates from other states as of late March and telling drivers to self-quarantine, expanding this policy from just stopping cars from New York earlier in the month. March 29.

South Carolina:

• Department of Corrections:
  • March 17 DOC response plan (Provisions were extended through April 30 on March 31):
    • Visitation suspended at all state and local correctional facilities shortly after State DOC and Department of Juvenile Justice suspended visitors for 30 days
    • Legal visitation still allowed, but subject to medical screening.
    • Inter-facility transfers suspended unless medically necessary.
    • Work release/labor crews suspended.
    • Volunteers suspended.
    • Official staff travel.
    • Staff training suspended through March, though hiring continuing remotely.
    • Vendor access continuing subject to medical screening.
    • New admissions screened for symptoms, quarantined if showing symptoms or asymptomatic but high exposure risk.
    • Staff suspected of carrying COVID -19 will be sent home, staff/incarcerated in contact with those suspected are quarantined.
    • Co-pays for flu-like symptoms suspended for incarcerated individuals.
    • Hand sanitizer available in cells/common areas.
    • Modified operations to promote social distancing (ie staggered meal times, recreation, limiting gathering sizes).
    • Incarcerated individuals will receive two free five-minute phone calls per week
  • All staff and incarcerated individuals will be receiving two masks per week. April 7.
  • Incarcerated individuals at two women’s prisons are sewing masks for medical personal to combat shortages. (Source)
• Court Actions:
  • Supreme Court closed to public other than delivering documents in lobby. March 13. Appellate Courts closed oral argument to public other than attorneys, litigants.
  • March 16 Supreme Court Order: Family courts to only hear emergency matters until further notice.
  • March 16 Supreme Court Order:
    • Jury trials postponed until further notice. Non-jury trials/other hearings to continue with only attorneys, clients, witnesses appearing.
    • Courts should remain open to accept filings, conduct emergency hearings, and comply with reporting requirements.
    • Absent posing a reasonable danger to public safety or an extreme flight risk, defendants charged with non-capital crimes to be released pre-trial on personal recognizance bonds.
    • Courts must convert pre-trial detainees who have served maximum pre-trial sentence into personal recognizance bonds.
    • Hearings should be held by video when possible.
  • March 19 Supreme Court Order: Delays eviction hearings past May 1.
  • March 18 Supreme Court Order: Ordering circuit judges back to home circuits, cancelled previously scheduled terms of court through May 1^st, and authorizing only emergency hearings. Similar orders for family courts.
  • March 19 Supreme Court Order: All mediation conferences to be held via videoconferencing upon request.
  • March 20 Supreme Court order cancelling all oral argument scheduled before appellate courts unless held remotely. Electronic filing methods given greater flexibility, and fewer paper copies required. Electronic signatures allowed. Service of documents allowed via mail, electronically. 48-hour quarantine on incoming documents. Motions for extensions to not require filing fee. 20-day extensions for most rules of procedure obligations since March 13^th.
  • March 26 Supreme Court Order: Offering additional deadline extensions regarding lawyer and judicial disciplinary hearings.
• Local Actions:
  • Charleston County Jail: New incarcerated individuals interviewed about symptoms, any foreign travel. Quarantined away from general population if symptoms, put in medical ward if confirmed. March 13.
  • Dorchester County Jail: New admissions interviewed about travel history, contact with anyone with exposure to coronavirus, having temperature taken, moved to self-contained cell if so. March 13.
  • Berkeley County Jail: Released 50-60 non-violent, low-level individuals. March 23.
  • Greenville County Jail: More than 80 people released from Detention Center with more expected. March 20.
  • Anderson County: 42 individuals released from the County Detention Center. March 19.
  • Spartanburg County: 24 individuals released from jail on March 20.

South Dakota: 

• Department of Corrections (Summary of Actions):
  • Visitation and volunteer activities suspended from March 12. Work release suspended and incarcerated individuals provided two free five-minute phone calls per week from March 17, and one free video visit each week from April 1. Medical co-pays waived for COVID-19 related symptoms from March 19. DOC staff working remotely where possible from March 20. Staff medical and questionnaire screening instituted, extra handwashing stations installed, dental services reduced in frequency, extra medication ordered, and group-size limitations imposed for group activities such as mealtimes from March 26
  • Incarcerated individuals produced PPE for correctional staff, incarcerated individuals, and other state agencies, with enough inventory for 32,170 masks, 5,999 gowns, and 3,355 face shields as of May 19.
  • Announcement on May 15 indicating education and vocation programs are beginning to be phased back in with proper social distancing.
  • Noem issued an Executive Order including a temporary suspension of statutory incarceration requirements for parolees failing urine tests for controlled substances in favor of alternative sanctions. This was designed to reduce prison populations by limiting revocations. April 7.
  • Incarcerated individuals began receiving masks for use while outside of their cells, and hand sanitizer was provided in dining halls and recreation areas from April 23. From May 1, each incarcerated individual has 3 reusable masks, and the DOC is taking everyone’s temperature regularly. May 1.
• Court Actions:
  • Supreme Court order declaring a Judicial Emergency from March 13, authorizing lower courts to suspend current rules and orders and take further actions to accommodate social distancing in carrying out operations. March 13.
  • Supreme Court order suspending South Dakota’s 180-day deadline for bringing those indicted to trial, until further notice. March 13.
  • Supreme Court order removing previous stipulation requirements for the use of audiovisual technology during felony trials and hearings, unless their use is denied at the discretion of the presiding judge. Order also allows defendants appearing remotely for hearings to be considered “present”. April 7.
  • Supreme Court order incentivizing remote depositions and accommodations for remote witness identification procedures. Order also allows for the remote certified witnessing of will declarations, remote oathtaking of court witnesses, and the suspension of any other rules limiting the use of audiovisual communications for court proceedings. April 14.
• Local Actions:
  • Sioux Falls Police Department and the Minnehaha County Sheriffs’ Office are increasing the use of citations rather than arrests in non-emergency situations to reduce the spread of COVID-19. The agencies are highlighting online reporting tools for lower-level police calls, and officers are encouraged to employ their discretion to avoid unnecessary interactions with the public to improve safety. As of early April, the Minnehaha County Jail population had reduced to 376 from 474 at the start of the pandemic, thanks to reduced arrests and increased pre-trial releases. The Minnehaha County Jail has also increased its cleaning efforts and increased screenings of incarcerated individuals. April 7.

Tennessee: 

• Department of Corrections Summary of Actions:
  • Visitation suspended; incarcerated individuals receive two free five-minute phone calls per week. Legal visits allowed subject to medical screening and on special request.
  • Some educational programming and incarcerated individual’s jobs are continuing.
  • Soap, hand, sanitizer, and water available to incarcerated individuals (unclear if currently free or not).
  • All entrants being screened for symptoms.
  • Multiple cleans of frequent touch surfaces daily.
  • Victim/family access to parole hearings suspended, but mail/email statements still allowed.
  • Not all work release suspended, returnees subject to screening.
  • Community supervisees allowed to maintain electronic contact with officers, in-office reporting limited with symptom screening.
  • Medical copays suspended for incarcerated individuals with flu-like symptoms.
  • No plans for early release.
  • Masks are being distributed to staff and those incarcerated as they are being produced. REFORM Alliance donated many masks to TDOC.
  • Incarcerated individuals helping make PPE for medical personnel, with goal of 2,500 masks and 300 gowns per day. March 29.
• Court Actions:
  • March 13 Tennessee Supreme Court Order: Suspending in-person court proceedings other than those necessary to protect constitutional rights of defendants, such as bond hearings and plea agreements, civil/criminal jury trials in progress at effective date, abuse, child, emergency mental health or protective orders, and those related to COVID-19 response excepted.
  • March 25 Tennessee Supreme Court Order: Extending previous limits through April 30^th. Judges required to submit plan for reducing local jail populations and to make reductions where possible.
  • March 27 Tennessee Supreme Court Order: Any state or local rule inhibiting the use of technology is suspended through April 30.
  • Knox County: Order handed by Criminal Court and General Sessions Court judges on March 30 states that “non-violent arrestees will no longer be detained in jail.”
• Local Actions:
  • Davidson County (Nashville): Sheriff has identified 300+ people for early release consideration (pregnant women, people 60+, 250+ set for release within a year), currently approving for probation as of March 19. Goal is to get jail population from ~1240 to >1000.
  • Shelby County (Memphis): Releasing dozens of incarcerated individuals and dismissing hundreds of criminal cases, notifying victims beforehand where applicable. One jailer has tested positive for COVID-19. March 26.
  • Sullivan County: Jail’s population dropped from 825 individuals to 743 from March 17 to March 20. Majority were pre-trial detainees while some were medical furloughs. In December, the Sullivan County had launched a “pretrial release” program to move nonviolent pretrial detainees from jail to their homes. Jail has been excessively overcrowded. March 21.
  • Knox County: Population down 200 individuals from last month’s averages, half of that in the past week as of March 25.
  • Cocke County: Sheriff announced 79 individuals were released from their “perennially crowded, deteriorating facilities. March 25.
  • Hamblen County: Jail housed 250 individuals as of April 6, a 42 person drop over the past 15 days. First time below capacity of 255 in many years (average has been 378).
  • Madison County: Jail population has dropped from 500 average to 383 on April 1.
  • Haywood County: Jail population down about 10% since beginning of pandemic. April 1.
  • Jackson: Police Department arrested about 38 individuals the last week of March; less than a third than normal.

Texas:

• Department of Criminal Justice:
  • Visitation suspended beginning March 13, including attorney visits. Offering two free 15-minutes calls a week. Telephone service hours extended, and soap is free. March 19.
  • Suspension of health care fees for incarcerated individuals related to COVID-19. March 20.
  • Incarcerated individuals are suing for access to hand sanitizer. Similar lawsuit in Washington, DC. April 2.
  • Windham School District (High School Diploma program) is offering “distance learning.” FAQ.
  • Does not appear PPE is being provided to the incarcerated population, only staff. April 1.
  • Any facility where there is a positive test goes on lockdown. April 8.
  • TDCJ has been transferring incarcerated individuals that test positive for COVID-19 to certain facilities. TDCJ says it is to get “…these offenders closest or closer to the best possible medical care…” Local judge where individuals were moved to wrote a letter to Governor Abbott expressing his “disappointment” local officials were not informed. April 17.
• Court Actions:
  • First Emergency Order: 1) Allows, subject to constitutional limitations, judges to modify and suspend all deadlines and procedures for criminal and civil cases; 2) Allow remote participation in any Court Actions or other court business; and 3) Extend statute of limitations for 30 days after state of disaster is lifted.
  • Third Emergency Order: Prohibits non-essential proceedings that run contrary to emergency orders regarding group size.
  • Fourth Emergency Order: Any action for eviction is suspended until at least April 19. Extended to April 30.
  • Eighth Emergency Order: Filing deadlines for civil cases extended until June 1.
  • Tenth Emergency Order: Any action to collect consumer debt is tolled until April 30 or May 7, depending on the proceeding.
  • Eleventh Emergency Order: All deadlines regarding issuance or renewal of certifications, licenses, or registrations by the Judicial Branch are extended until May 31.
  • Many courts, particularly in rural areas have begun clearing dockets until at least April, leaving many individual’s criminal cases pending while they await trial/disposition of their case. March 19.
  • Chief Justice Hecht issued an emergency order allowing 31 judges to sit in counties outside their region to help with essential hearings if COVID-19 forces judicial shortages.
  • The Office of Court Administration is implementing remote Court Actions for essential and non-essential proceedings via Zoom, and Youtube. Al costs for local jurisdictions will be covered and the proceedings will abide with open meetings laws.
  • Harris County: Some judges in Harris County have stated, in spite of Governor Greg Abbott’s recent Executive Order, they will continue to follow a previously executed federal order that allows for no-cost release for most individuals charged with misdemeanors. Governor Abbott’s EO disallows the release of individuals previously convicted of, or currently charged with, a violent crime on a personal, no-cost bond. Under the current federal decree, most criminal history is not considered when someone is charged with a misdemeanor and most individuals are released without having to pay bail. Exceptions include domestic violence charges and being arrested while on bond or probation. March 31.
  • Harris County: County Judge Lina Hidalgo signed an order that could release up to 1,000 pre-trial detainees from the Harris County Jail. The order applies to individuals detained pretrial or have agreed to deferred adjudication. According to Judge Hidalgo and the order, all individuals, based upon their instant charge and background appear to pose little to no risk to public safety. Additionally, the order stipulates that all releasees will not run afoul to Governor Greg Abbott’s recent executive order banning the release of individuals previously convicted of, or currently charged with, a violent crime on a personal, no-cost bond. 1. By April 3, about a dozen individuals were released pursuant to County Judge Hidalgo’s order. On April 3, the Harris County District Court’s Administrative Judge (felony court level) effectively superseded Judge Hidalgo’s order and stopped the releases. Harris County Sheriff had asked federal judge to intervene but she declined. April 7.
    • Update April 15: Judge Hidalgo during a news conference highlighted that she has been asking judges to move forward with her order, citing that 50 incarcerated individuals and 70 sheriff’s staff workers at the jail have tested positive, with 1,000 in quarantine.
  • Local Actions:
    • Statewide: about 10,000 fewer individuals in Texas county jails from March 1 to April 1. Texas Commission on Jail Standards.
    • Harris County:
      • Coordinated effort amongst law enforcement to stop arresting those suspected of lower-level, non-violent offenses. Jail has about 800 less individuals now than it did at beginning of March. March 20.
      • Law enforcement looking into releasing those already in jail if they are convicted of or awaiting trial for non-violent offenses, are elderly, or have an underlying condition. March 19.
      • Jail is providing two free phone calls a week with visitation being suspended. March 13.
    • Collin County: Sheriff has asked police to use cite and release rather than book individuals on low-level crimes. March 12.
    • Travis and Hays Counties: Sheriffs have asked police to avoid making arrests for low-level crimes and use citations in lieu of arrest when possible.  Increased use of personal bonds in Travis County. March 16. Approval of “personal bond” rather than financial bail in Travis County has increased by 35% as of March 16.

Utah: 0 confirmed cases among incarcerated individuals in state prisons, and 10 confirmed cases among individuals in halfway houses as of May 13. 4 confirmed cases among correctional staff. 115 tests performed so far out of roughly 6,800 individuals in custody. Updated May 13^th.

• Department of Corrections:
  • Visitation and volunteering suspended from March 12. Attorneys allowed to visit their clients through glass. From March 16, incarcerated individuals have access to 10 free 15-minute phone calls per week.
  • The Utah DOC began making referrals to the Board of Pardons and Parole for the early release of individuals within 90 days of their release dates who have an approved address to return to. As of March 26, 80 referrals had been made, with initial releases scheduled for April 2. March 26.
  • The UDC made 80 additional referrals as of early April to the Board of Pardons and Parole for the early release of individuals within 180 days of their release dates who have an approved address to return to. April 9.
  • As of mid-April, every incarcerated individual and correctional staff member were issued two reusable face masks. April 14.
  • By late April, the UDC in collaboration with the Board of Pardons and Parole had released 873 individuals early, according to the Utah Attorney General’s Office. April 28.
  • As of early May, the UDC has created a working group to identify how to continue various forms of programming while maintaining CDC social distancing recommendations. May 11.
• Court Actions:
  • Supreme Court order on March 13 keeping all courts open for business but delaying all non-essential hearings and allowing e-filings or email submissions of various documents. Encourages judges to grant extension motions. Pleadings, protective orders, and stalking injunction requests may be filed without a physical signature. All non-essential proceedings requiring in-person presence, including jury trials, delayed through June 1. Courts encouraged to facilitate remote proceedings wherever possible. Essential functions include probable cause reviews of warrantless arrests, bail hearings, bench warrant hearings, first appearances, statutorily required appearances, preliminary hearings, and sentencing hearings. updated March 21.
  • Supreme Court order on March 21 instructing juvenile courts to suspend hearings through June 1, other than various in-custody hearings, protective orders, and those involving a child at imminent risk of abuse. Where possible, these are to be conducted remotely. updated April 23.
  • Supreme Court order amending previous March 13 order for various court levels. Among other provisions, the order directs judges to suspend all civil and criminal jury trials regardless of the defendant’s custody status, and if the defendant is in custody for a class B or C misdemeanor offense, the judge must reconsider their detention status, with a view towards safely releasing them if possible under the right conditions. May 1.
• Local Actions:
  • Wayne County Jail was also planning to release certain incarcerated individuals early and divert others from incarceration according to a Utah Sheriffs’ Association announcement. March 17.
  • The Davis County (Layton, Salt Like City area) Sheriff had been working “for weeks” as of early April on accelerating releases of incarcerated individuals to reduce COVID-19 risk, and has worked alongside the District Judge, County Attorney, and Public Defender. The jail has been releasing individuals close to their scheduled release dates as well as those who have demonstrated good behavior. April 7.
  • As of late April, Utah County Jails are at 2/3rds design capacity or less. Salt Lake County Jail is at its lowest population since 1983 and has quarantined individuals who have tested positive for COVID-19. Emery, Millard, and Wasatch County Jails report currently incarcerating individuals in only single digits. April 28.

Vermont: 

• Department of Corrections:
  • Visitation suspended from March 13.
  • Northwest State Correctional Facility (NWSCF) in Swanton, VT, was put on full lockdown from April 6 after suspected exposure from a correctional staff member. Incarcerated individuals receive meals in cells and movement is restricted except for emergency and hygiene purposes. April 6.
  • Every incarcerated individual at NWSCF received testing, while all other state facilities were put on lockdown. April 9.
  • Northeast Correctional Complex began use as a “surge facility” for quarantining incarcerated individuals at other facilities who tested positive for COVID-19. April 11.
  • Online portal created to facilitate family communication with incarcerated individuals. April 16.
  • The DOC has released one fifth of the population of Chittenden Regional Correctional Facility, Vermont’s female prison, as of late April. April 30.
  • The DOC has reviewed a higher rate of cases to facilitate prison population reductions, and Vermont’s prison population was down to 1,372 by late April from 1,671 in late February. May 1.
• Court Actions:
  • Supreme Court order postponing jury drawings from March 13. Exceptions include cases involving speedy trial requirements and where a defendant is being held in custody prior to trial, and any other cases per the discretion of the lower court judge. Judges also have authority to continue non-exempted matters per their discretion. March 13.
  • Supreme Court declares Judicial Emergency from March 16, suspending all non-emergency superior court hearings. Remote participation encouraged for exceptions, which include certain in-custody hearings, change-of-plea hearings, bail reviews, warrant requests, criminal competency hearings, juvenile temporary care hearings, child custody, domestic abuse, and stalking emergency protection or injunctive relief hearings, habeas corpus petitions, emergency landlord-tenant hearings at judicial discretion, COVID-19 related matters, and other hearings deemed necessary at the Chief Superior Court Judge’s discretion. Remote participation and email filings encouraged. March 16.
  • Supreme Court order giving additional discretion for remote hearings and oral arguments. March 18.
  • Supreme Court order providing for electronic signatures in email filings. March 20.
  • Supreme Court order further restricting access to court buildings. March 25.
  • Supreme Court order amending previous orders to suspend all jury draws and jury trials, including those already in progress, and clarifying procedures for e-filing of documents. April 6.
  • Supreme Court order extending Judicial Emergency through May 31. April 9.
  • Supreme Court order further clarifying e-filing rules. April 13.
  • Supreme Court order requiring mask use for everyone in court buildings, adding parent-child contact modification or enforcement hearings into those exempted from general suspensions, and authorizing additional hearings to be conducted remotely where possible, while waiving certain notice and timing requirements pursuant to them. April 21.
  • Supreme Court order extending flexibility granted for remote hearings to Environmental Division proceedings, as well as to criminal and juvenile delinquency-related non-evidentiary hearings not requiring the presence of a defendant. April 30.
  • Supreme Court order extending judicial emergency through September 1, but lifting suspensions of non-emergency dockets starting June 1, apart from suspensions on criminal jury trials through September 1 and civil jury trials through January 1. May 13.
• Local Actions:
  • On March 22, Chief Superior Judge Brian Grearson proposed lawmakers amend current resentencing rules to provide more flexibility for courts to resentence or modify the sentences of incarcerated individuals. The proposal was met with opposition from prosecutors and was ultimately not adopted by lawmakers. May 1.
  • Belknap County Jail (Laconia) was housing 44 incarcerated individuals as of early May, down from a typical population of closer to 80. 48,000 masks recently arrived to the facility May 11.
  • Coos County Jail (Stewartstown) received 60,000 masks. May 11.
  • Orange County Sheriffs’ Department is reducing overall traffic stops and declining to stop out-of-state drivers or question them about travel in order to reduce interactions with the public. March 31.
  • Hartford Police Department is not stopping cars from New York or other states, nor are they checking homes for out-of-state residents, their stay-at-home order enforcement is largely limited to visiting town hotels to ensure they are only hosting vulnerable populations per the Governor’s order. Claremont and Lebanon Police Departments are seeking voluntary social distancing compliance rather than prioritizing stay-at-home enforcement in order to limit public contact. March 31.

Virginia:

• Department of Corrections: Summary of Actions
  • Using screening tools for both employees and those incarcerated. Screening of all those entering facilities with a forehead thermometer. As of April 20, VADOC is working with local universities to “dramatically increase testing of incarcerated offenders.” Priority is for Deerfield Correctional Center (larger at-risk population).
  • All intake from local jails is currently suspended, as is transfers.
  • Visitation is cancelled. Two free video calls and two free phone calls per week.
  • Legal visitation will be done over the phone through the “Offender Telephone System.” Attorney may request to do a non-phone visit from the facility.
  • Created a list of visitors from NY in the past week and checking with the incarcerated individuals they visited.
  • Each individual is being given two bars a soap each week. Cleaning appears to have increased.
  • VA Correctional Enterprises manufacturing 30,000 masks per day for the prison staff and those incarcerated. Multiple masks are being given out per day. Also manufacturing cleaning supplies approved by the EPA.
  • On April 8, VADOC received 170 gallons of alcohol-based hand sanitizer from local distilleries. The majority is being used for the infirmaries.
  • “Offender intake” from local jails and transfers are suspended, except for medical transports.
  • Facilities are on “modified lockdown. Individuals will eat/have rec time with the individuals in their “pods” and not recreate with other pods.
  • Allowing some incarcerated individuals to keep their own medication.
  • Incarcerated individuals being asked to sleep “head to toe.”
• Court Actions:
  • Supreme Court Issued a “Declaration of Judicial Emergency” (through 4/26 as of now)
    • Most non-emergency civil, criminal, and traffic manners are continued until after the order. Provides discretion to judges on what is considered urgent. The order provides specific guidance, particularly for criminal matters involving the freedom and constitutional rights of a criminal defendant. Criminal arraignments, bail reviews, protective orders, child custody cases and others are considered emergency matters and will be given priority.
    • To the extent possible, all matters that a court hears should be done with audio/visual devices.
    • Urging courts to issue summonses instead of arresting for failure to appear.
    • Require e-filing where available.
  • Local courts have put in their own procedures and restrictions pursuant to the emergency order. Full list here.
• Local Actions:
  • Overall: VA has seen a 67 percent decline in new jail commitments and a 17 percent overall decrease in the population. April 17.
  • Virginia Beach: Sheriff’s office has released “some nonviolent misdemeanor offenders,” (60 in all, not sure if pre-trial or convicted) to electronic monitoring and cancelled their weekender program. March 18.
  • Norfolk: Jail has released 250 individuals in the past two weeks (900 there before release). Combination of pre-trial detainees (non-violent, less than six months left on sentence, and were either 65 or older, had a medical risk, or could be safely monitored in the community). Major coordination between prosecutors, public defenders, and judges. When both parties agreed, judges signed off without hearings. March 29.
  • Portsmouth: As of 3/29, have released 38 individuals. March 29
  • Virginia Beach: As of 3/29, at least 24 released individuals. Appears more will be released onto the Electronic Home Incarceration Program as well at no cost to individuals.
  • Chesapeake: As of 3/29, 20 released incarcerated individuals. March 29.
  • Hampton Roads Regional Jail: As of 3/29, 18 released individuals March 29.
  • Northwestern Regional Adult Detention Center in Frederick County: Released 60 individuals within 60 days of their release date (25 of them were a part of the work release program and are now on home electronic monitoring). Overall jail population down about 15%. March 26.
  • Albemarle-Charlottesville Regional Jail: Released 32 individuals onto home electronic monitoring and anticipate that will grow to 50 soon. Mainly “work-release inmates” and pre-trial defendants. Jail population has decreased by 13% (roughly 60 less individuals). Joint effort by prosecutors, PDs, judges, etc. Monitoring is at no cost to individuals. Have also suspended weekend jail sentences and “reporting days.” March 20.
  • Roanoke: Sheriff’s office suspended Weekender/Delayed Reporting program, and workforce programs. March 13.
  • Fairfax County: County Prosecutor seeking early release of three dozen individuals from the county’s jail. March 31.

Washington: 

• Department of Corrections:
  • The Washington Department of Corrections established a COVID-19 Emergency Operations Center (EOC) at its headquarters on February 9, which opened officially on March 2, and formed a contingency planning team on February 28. Since March 5, correctional medical staff have received regular updates on testing and other best practices from the DOC’s Chief Medical Officer. Visitation has been discouraged from March 4, and all individuals entering DOC facilities, including staff have been screened from March 6. As of April 1, the DOC had contracted to expand movie access for incarcerated individuals. From April 3, the DOC had begun distributed masks to staff.
  • Inslee approved emergency commutations and/or early releases to over 1,100 incarcerated individuals in state prisons under an April 15 emergency order. The list includes those incarcerated for non-violent, drug/alcohol-related offenses, and those incarcerated for lower-level supervision violations. April 17. As of May 13, over 897 early releases, commutations, and work release furloughs had been processed. May 13.
  • The DOC completed construction of screen barriers at enhanced screening stations and had published a reentry guide for COVID-19 related releasees by April 21. April 21.
• Court Actions:
  • Supreme Court order authorizing lower court judges to modify procedures or close in response to Gov. Inslee’s February 29 emergency declaration. March 4.
  • Supreme Court order suspending all jury trials through April 24, while allowing those currently commenced to proceed. Emergency orders, including emergency protection and restraining orders that require hearings before April 24 to be heard remotely if possible. In custody criminal matters to continue for first appearances, arraignments, pleas, criminal motions, and sentencing hearings. Priority is given to pretrial release and bail modification hearings, and plea/sentencing hearings resulting in earlier release to expedite incarcerated population reductions. March 20.
  • Supreme Court orders waiving in-person oath requirements. March 24 and April 2.
  • Supreme Court order including shelter care and child custody hearings in emergency matters to continue. April 3.
  • Supreme Court order extending previous suspensions through May 4. April 13.
  • Supreme Court order providing guidelines for involuntary civil commitments to protect the civil liberties of those committed. April 15, and April 29.
  • Supreme Court order extending previous suspensions through July 6. April 29.
  • Supreme Court order offering additional guidance for dependency and child custody cases in light of various unforeseen COVID-19 related circumstances. April 30.
• Local Actions:
  • Washington jails had experienced overcrowding prior to the COVID-19 pandemic but have rapidly reduced their populations from roughly 12,000 statewide to 5,500, according to records from 46 of the 58 total jails, a roughly 54% reduction based on the data available. April 24.
  • The Washington Association of Sheriffs & Police Chiefs issued guidance urging various mitigation precautions, including recommending jails screen staff and newly incarcerated individuals on intake. March 5. As of April 24, according to the WASPC, only 7 individuals incarcerated in jails and 9 staffers have tested positive for COVID-19.
  • Snohomish County Jail (Everett) only accepted “mandatory” bookings for offenses such as homicide, assault, and domestic violence, through April 20, before lifting the restriction. This resulted in a 70% population reduction from 950 to 290 incarcerated individuals. April 24.
  • Thurston County Jail (Olympia) released roughly 40-50 people by April 2, about a 30% population reduction.
  • Clark County Jail (Vancouver) released roughly 200 lower-risk, non-violent incarcerated individuals over three days in late March to create quarantine space. March 25.
  • Spokane County reduced its jail population nearly 40% through a combination of court-ordered releases and fewer bookings, easing pre-existing over-crowding issues.
  • Island County officers and deputies are remaining in their cars when delivering arrested individuals to jail, and staff and incarcerated individuals are screened upon arrival. Incarcerated individuals are also assisting in additional sanitation efforts. The jail also identified individuals convicted of nonviolent for release or furlough, decreasing its population from 58 to 28, freeing up space for male and female quarantine units and eventually allowing enough space for single-celling.
  • Spokane County Jail director Mike Sparber has joined advocates in calling for a statewide task force to review lessons learned from the pandemic, to avoid a return to the pre-crisis overcrowding status quo if possible.

West Virginia:

• Department of Corrections Summary of Actions:
  • Visitation & volunteer activities suspended.
  • Company that provides telecommunications services (Global Tel Link) not cutting costs but providing two free, 15-minute phone calls/week and one free 15-minute video chat.
  • Prisons have been reducing populations. Link to comparison of prison count on March 1 versus March 31. Primarily due to release of parolees on short term stays, furlough of those on work-release. The reductions have been minimal so far.
  • Governor intends to leave any release options in hands of jail and prison officials. April 9.
• Court Actions:
  • March 12 COVID-19 Planning Document:
    • Urging courts to allow for postponements, telephonic/video hearings when possible.
    • Urging supervisions officers to avoid close contact with individuals suspected of having COVID-19.
  • March 16 Supreme Court of Appeals Order:
    • All civil and criminal trials shall be continued except when a defendant’s speedy trial rights could be compromised.
    • Suspension of all non-emergency matters through April 10.
    • Keeping a judge or clerk on call during business hours in case of a closure of a physical office building.
  • March 22 Supreme Court of Appeals Judicial Emergency Order:
    • All proceedings, court deadlines, statutes of limitations (except for certain emergency proceedings, particularly those dealing with children, domestic violence, or certain criminal matters) are stayed and dates extended.
    • All jury trials are stayed.
    • April 3 Order extended the March 22 Order through May 1.
  • March 27 Memo to all judges and magistrates recommending release of low-risk defendants from jail.
  • On April 8 ACLU has filed a petition with the Supreme Court of Appeals on behalf of 39 incarcerated individuals that would qualify for release in two months when legislation (SB 620) goes into effect. A similar motion at the federal District Court level was denied on April 6.
• Local Actions:
  • State Legislature: Passed bill creating a presumption that magistrates should release certain pre-trial defendants in jail without cash or property bond if charged with certain non-violent misdemeanors, but law not yet in effect. HB 249.
  • West Virginia jails have decreased their total population by about 10 percent. April 3. Still over capacity overall.
  • Link to comparison of jail counts on March 1 compared to March 31.

Wisconsin: 

• Department of Corrections: 8 DOC staff cases confirmed as of March 30. At least one incarcerated individual has tested positive as of April 4.
  • Evers issued an Executive Order on March 20 creating a moratorium on prison admissions (DOC exempting essential transfers and lawyers).
  • Prisons are looking at reducing their populations. 65 people released from Milwaukee secured detention facility on April 2. Roughly 700 individuals will have expedited eligibility to boot camp and earned release programs. April 4.
  • Visitation suspended from March 13. Since March 19 those incarcerated provided two free 15-minute phone calls per week until visitation resumes.
  • From March 19, weekly/biweekly commissary spending caps raised from $42 to $50 and $84 to $100 respectively.
  • Increased access to movies, cable, digital tv for those incarcerated. Source.
  • Work-release suspended from March 16.
  • Medical copays for incarcerated individuals suspended for COVID-19-related symptoms. March 13.
  • Non-essential staff working remotely. March 17.
  • Daily infection monitoring/reporting, tiered testing system in place for flu-like symptoms. Update on March 27.
  • Correctional facilities increasing stockpiles of cleaning supplies, all incarcerated individuals have soap supplies/access to hot water. Update on April 7.
  • DOC identifying individuals most at risk in advance for potential isolation/quarantine plans. Update on March 22.
  • Some community supervision meetings being replaced through video conferencing, but in-person meetings also still taking place, even though offices closed to general public. Update on March 17.
  • Court system issued Zoom videoconferencing all circuit court branches and is encouraging livestream of these proceedings. April 10.
  • DOC attempting to provide PPE to staff and some higher risk or ill incarcerated individuals. April 14. Issuing four disposable ear loop masks through canteen. April 15.
• Court Actions (Source For All Actions):
  • As of March 22, Wisconsin Supreme Court postponed jury trials and halted in-person proceedings statewide in favor of remote appearances and is allowing remote administration of oaths at depositions as of March 26.
  • Supreme Court ordered on March 22 trials set to begin through May 22 postponed. Judges/clerks required to use remote technology through April 30.
  • Oral argument cancelled for Supreme Court as of March 18^th through April 1^st.
• Local Actions:
  • Statewide: As of April 4, at least 1,148 individuals in jail for probation and parole violations were released. No new admissions for prison are allowed at this time.
  • Racine County: Sheriff’s Office only accepting new admissions accused of violent felonies/misdemeanors posing threat to public safety. Others receive mandatory court dates. March 14.
  • Milwaukee County: Significant reductions (about 500 less total that normal) in the jail and the House of Corrections. This was done through 1) increase use of electronic monitoring; 2) police not booking people on nonviolent offenses; and 3) a permanent stay of sentences/move to probation for those convicted of lower-level offenses. One incarcerated individual and one contract nurse at the House of Correction have tested positive. April 6.
  • Waukesha County: Work release facility down to twelve individuals from 100 in less than two weeks. On March 23, County Chief Judge ordered the Sheriff to provide a list of all individuals in their “Huber wing” for potential release. April 6.
  • Ozaukee County: Sheriff moved dozens out the jail around March 12.
  • Dane County Sheriff working to reduce arrests, seek alternatives such as citations, reduce community supervision revocations. (Source)

Wyoming:

• Department of Corrections: Summary of Actions:
  • • March 18^th: Visitation and volunteer programs suspended.
    • Enhanced screening for all staff entering facilities.
    • Incarcerated population heavily monitored.
    • Two facilities have been making PPE masks for all staff and those incarcerated.
• Court Actions:
  • March 11^th: Disease pandemic plan released which includes isolation of the infected, quarantine of exposed, restrictions in travel, work closures, event cancellations, remote hearings mandatory, probation revocation hearings also remote, exceptions for involuntary hospitalization and other emergency hearings.
  • April 1: Wyoming Supreme Court extends original COVID-19 emergency orders to 5/31, includes:
    • Suspension of all in-person proceedings (limited exceptions).
    • Remote administration of oaths and witnesses, verification of guilty pleas, and paper filings.
    • Use of phone or video for all statutorily and/or constitutionally required hearings (including arraignments.
    • Non-essential civil trials, hearings, motions, etc. should be postponed unless electronic means will suffice.
    • Reasonable attempts to reschedule criminal trials should be made.
  • Local Actions:
    • Cheyenne Police: arguments over extra police funding for a canceled rodeo, police chief threatened to withhold liquor license in future April 2.
    • Jackson Police: police are not being asked to stop or question anyone traveling outside homes or enforce any stay-at-home orders strictly, ACLU of Wyoming strict on threats to sue over COVID-19 responses eroding civil liberties April 2.

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