Addressing the Justice-Involved Population in Coronavirus Response Efforts

Executive Summary
  1. Federal Bureau of Prisons, “COVID-19.” Retrieved from https://www.bop.gov/coronavirus/ (accessed April 15, 2020).

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  2. New York City Board of Correction. “Board of Correction Daily COVID-19 Update (April 14, 2020)”. (April 11, 2020). Retrieved from https://www1.nyc.gov/site/boc/covid-19.page (accessed April 15, 2020).

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  3. Cook County Sheriff’s Office. “Update on COVID-19 Cases at Cook County Jail.” (April 14, 2020). Retrieved from https://www.cookcountysheriff.org/covid-19-cases-at-ccdoc/ (accessed April 15, 2020).

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  4. U.S. Immigration and Customs Enforcement. “ICE Guidance on COVID-19.” Last updated April 14, 2020. Retrieved from https://www.ice.gov/coronavirus (accessed April 15, 2020).

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  5. Danielle Kaeble and Mary Cowhig. Correctional Populations in the United States, 2016, (Washington, DC: US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, April 2018), https://www.bjs.gov/content/pub/pdf/cpus16.pdf

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  6. Ibid.

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  7. Prison Policy Initiative. “Responses to the COVID-19 Pandemic. Last updated March 31, 2020. Retrieved from https://www.prisonpolicy.org/virus/virusresponse.html (accessed March 31, 2020).

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  8. The Marshall Project. “Coronavirus Tracker: How Justice Systems are Responding in Each State. Updated March 25, 2020. Retrieved from https://www.themarshallproject.org/2020/03/17/tracking-prisons-response-to-coronavirus (accessed March 31, 2020).

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Issue Brief
  1. Federal Bureau of Prisons, “COVID-19.” Retrieved from https://www.bop.gov/coronavirus/ (accessed April 15, 2020).

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  2. New York City Board of Correction. “Board of Correction Daily COVID-19 Update (April 14, 2020)”. (April 11, 2020). Retrieved from https://www1.nyc.gov/site/boc/covid-19.page (accessed April 15, 2020).

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  3. Cook County Sheriff’s Office. “Update on COVID-19 Cases at Cook County Jail.” (April 14, 2020). Retrieved from https://www.cookcountysheriff.org/covid-19-cases-at-ccdoc/ (accessed April 15, 2020).

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  4. U.S. Immigration and Customs Enforcement. “ICE Guidance on COVID-19.” Last updated April 14, 2020. Retrieved from https://www.ice.gov/coronavirus (accessed April 15, 2020).

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  5. James Stephan and Georgette Walsh, Census of Jail Facilities, 2006 (Washington, DC: US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, December 2011), http://bjs.gov/content/pub/pdf/cjf06.pdf; and National Association of Counties, County Intelligence Connections (CIC) database, 2012. Some states operate unified prison and jail systems; in these states, the state Department of Corrections oversees both the prisons and jails in the state. See Barbara Krauth, A Review of the Jail Function within State Unified Corrections Systems (Longmont, CO: LIS, Inc., US Department of Justice, National Institute of Corrections Information Center, September 1997), http://nicic.gov/library/014024

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  6. Danielle Kaeble and Mary Cowhig. Correctional Populations in the United States, 2016, (Washington, DC: US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, April 2018), https://www.bjs.gov/content/pub/pdf/cpus16.pdf

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  7. Ibid.

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  8. Jennifer Bronson and E. Ann Carson, Prisoners in 2017, (Washington, DC: US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, April 2019), https://www.bjs.gov/content/pub/pdf/p17.pdf

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  9. Zhen Zeng, Jail Inmates in 2017 (Washington, DC: US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, April 2019), https://www.bjs.gov/content/pub/pdf/ji17.pdf

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  10. Ibid.

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  11. Ibid.

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  12. Ibid.

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  13. U.S. Bureau of Labor Statistics, “Occupational Employment and Wages, May 2019, 33-3012 Correctional Officers and Jailers.” Last updated April 3, 2019, (Washington, DC: U.S. Department of Labor, Bureau of Labor Statistics). Retrieved from https://www.bls.gov/oes/current/oes333012.htm#nat (accessed April 14, 2020). Note: Correctional Officers and Jailers are defined by the Bureau of Labor Statistics as employees who “[g]uard inmates in penal or rehabilitative institutions in accordance with established regulations and procedures. May guard prisoners in transit between jail, courtroom, prison, or other point. Includes deputy sheriffs and police who spend the majority of their time guarding prisoners in correctional institutions.”

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  14. Danielle Kaeble, Probation and Parole in the United States, 2016, (Washington, DC: US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, April 2019), https://www.bjs.gov/content/pub/pdf/ppus16.pdf

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  15. Ibid.

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  16. U.S. Immigration and Customs Enforcement. “Detention Management.” Retrieved from https://www.ice.gov/detention-management (accessed March 31,2020). Note: A list of facility types used by ICE is also available at: Office of the Inspector General, ICE Does Not Fully Use Contracting Tools to Hold Detention Facility Contractors Accountable for Failing to Meet Performance Standards, (Washington, DC: Department of Homeland Security), January 29, 2020, https://www.oig.dhs.gov/sites/default/files/assets/2019-02/OIG-19-18-Jan19.pdf

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  17. U.S. Immigration and Customs Enforcement. U.S. Immigration and Customs Enforcement Fiscal Year 2019 Enforcement and Removal Operation Report. Retrieved from https://www.ice.gov/sites/default/files/documents/Document/2019/eroReportFY2019.pdf (accessed April 10, 2020).

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  18. Ibid.

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  19. Jessica Leung et al., Notes from the field: Mumps in detention facilities that house detained migrants – United States, September 2018-August 2019. Morbidity and Mortality Weekly Report. 2019; 68(34):749-750. DOI: http://dx.doi.org/10.15585/mmwr.mm6834a4external icon and Bridget Kuehn. Mumps in migrant detention centers. JAMA. 2019;322(14):1344. DOI: 10.1001/jama.2019.15663

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  20. Wilper AP, Woolhandler S, Boyd JW, Lasser, KE, McCormick D, Bor DH, et al. The health and health care of US prisoners: results of a nationwide survey.  American Journal of Public Health. 2009; 99(4):666-72; Laura M. Maruschak and Marcus Berzofsky, Medical Problems of State and Federal Prisoners and Jail Inmates, 2011-12, (Washington, DC: US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, February 2015), https://www.bjs.gov/content/pub/pdf/mpsfpji1112.pdf; John V. Kelly (Acting Inspector General), Concerns about ICE Detainee Treatment and Care at Detention Faciltie, (Washington, DC: Department of Homeland Security, Office of Inspector General, December 11, 2017), https://www.oig.dhs.gov/sites/default/files/assets/2017-12/OIG-18-32-Dec17.pdf

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  21. Laura Maruschak and Marcu Berzofsky, Medical Problems of State and Federal Prisoners and jail Inmates, 2011-12 (Washington, DC: US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, February 2015), https://www.bjs.gov/content/pub/pdf/mpsfpji1112.pdf

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  22. Doris James and Lauren Glaze, Mental health problems of prison and jail inmates, (Washington, DC:US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, September 2006), http://www.bjs.gov/content/pub/pdf/mhppji.pdf

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  23. Ibid.

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  24. Kamala Mallik-Kane and Christy Visher, Health and prisoner reentry: how physical, mental, and substance abuse conditions shape the process of reintegration, (Washington, DC: Urban Institute, Justice Policy Center, February 2008), http://www.urban.org/UploadedPDF/411617_health_prisoner_reentry.pdf and Adam Looney and Nicholas Turner, Work and Opportunity Before and After Incarceration, (Washington, DC: The Brookings Institution, Economic Studies at Brookings), https://www.brookings.edu/wp-content/uploads/2018/03/es_20180314_looneyincarceration_final.pdf

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  25. Caroline Wolf Harlow, Education and Correctional Populations, (Washington, DC: US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, January 2003), http://www.bjs.gov/content/pub/pdf/ecp.pdf

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  26. John Gramlich, The Gap Between the Number of Blacks and Whites in Prison is Shrinking, (Washington, DC: Pew Research Center), https://www.pewresearch.org/fact-tank/2019/04/30/shrinking-gap-between-number-of-blacks-and-whites-in-prison/

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  27. Samantha Artiga, Rachel Garfield, and Kendal Orgera, Communities of Color at Higher Risk for Health and Economic Challenges due to COVID-19, (Washington, DC, Kaiser Family Foundation, Kaiser Program on Medicaid and the Uninsured, April 2020), https://www.kff.org/disparities-policy/issue-brief/communities-of-color-at-higher-risk-for-health-and-economic-challenges-due-to-covid-19/

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  28. Kaiser Family Foundation, States Reporting Corrections-Related Medicaid Enrollment Policies in Place for Prisons or Jails, SFY 2019, (Washington DC: Kaiser Program on Medicaid and the Uninsured, 2019), https://www.kff.org/state-category/medicaid-chip/corrections-related-medicaid-policies/

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  29. Vikki Wachino and Samantha Artiga, How Connecting Justice-Involved Individuals to Medicaid Can help Address the Opioid Epidemic, (Washington DC: Kaiser Family Foundation, Kaiser Program on Medicaid and the Uninsured), https://www.kff.org/medicaid/issue-brief/how-connecting-justice-involved-individuals-to-medicaid-can-help-address-the-opioid-epidemic/; and Jennifer Ryan et al., Connecting the Justice-Involved Population to Medicaid Coverage and Care: Findings from Three States, (Washington DC: Kaiser Family Foundation, Kaiser Program on Medicaid and the Uninsured), https://www.kff.org/medicaid/issue-brief/connecting-the-justice-involved-population-to-medicaid-coverage-and-care-findings-from-three-states/

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  30. Illinois Department of Healthcare and Family Services, Illinois COVID-19 Section 1115(a) Demonstration Application. Submitted March 26, 2020. Retrieved from https://www.illinois.gov/hfs/SiteCollectionDocuments/03262020IllinoisCOVID19Section1115
    DemonstrationProposalFinal.pdf
    (accessed April 10, 2020); and California Department of Health Care Services, Request for Section 1115 Demonstration Authority Related to the COVID-19 Public Health Emergency. Submitted April 3, 2020. Retrieved from https://www.dhcs.ca.gov/Documents/COVID-19/CMS-Ltr-and-CA-COVID-19-1115-Waiver-040320.pdf (accessed April 10, 2020).

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  31. Joshua D. Baker, COVID-19 Section 1115(a) Demonstration Application Template, (South Carolina Department of Health and Human Services, March 27, 2020). Retrieved from https://msp.scdhhs.gov/covid19/sites/default/files/%282020-03-27%29%20SC%201115%20Inpatient%20COVID19.pdf (accessed April 10, 2020).

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  32. Daniel Mistak, Addressing the Needs of Justice-Involved People During the COVID-19 Pandemic: An 1135 Waiver Approach, (Oakland, CA: Community Oriented Correctional health Services), https://cochs.org/files/medicaid/COVID-19-Justicie-Involved-1135-Waiver.pdf

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  33. Benjamin A. Howell et al., Protecting Decarcerated Populations in the Era of COVID-19: Priorities for Emergency Discharge Planning, Health Affairs Blog (April 13, 2020), DOI:
    10.1377/hblog20200406.581615

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  34. “Quickly, Safely Reducing the Jail Population so Staff can Ensure the Health of Everyone in Correctional Facilities”. King Count Executive Dow Constantine (March 24, 2020). Retrieved from https://www.kingcounty.gov/elected/executive/constantine/news/release/2020/March/24-jail-population.aspx (accessed April 10, 2020); and Chief Justices Susan Sparaco, Jed French, and Robert E. Mullen, Emergency Order Vacating Warrants for Unpaid Fines, Unpaid Restitution, Unpaid Court-appointed Counsel Fees, and Other Criminal Fees, Maine District Court, March 16, 2020. Retrieved from: https://www.courts.maine.gov/covid19/emergency-order-vacating-warrants-fines-fees.pdf (accessed March 31, 2020).

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  35. Other examples of governors’ executive orders to expedite the early release of inmates in response to coronavirus include New Jersey, Ohio, Oregon, Pennsylvania, Texas, and the District of Columbia.

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  36. Attorney General William Barr, “Increasing Use of Home Confiement at Institutions Most Affected by COVID-19”, Memorandum for Director of Bureau of Prisons (April 3, 2020). Retrieved from https://www.politico.com/f/?id=00000171-4255-d6b1-a3f1-c6d51b810000

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  37. Josh Gerstein, Barr to Speed Releases at Federal Prisons Hard Hit by Virus, Politico (April 3, 2020). Retrieved from https://www.politico.com/news/2020/04/03/barr-to-speed-releases-at-federal-prisons-hard-hit-by-virus-164175 (accessed April 5, 2020).

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  38. Federal Bureau of Prisons. “Update on COVID-19 and Home Confinement”. Last updated April 5, 2020. Retrieved from https://www.bop.gov/resources/news/20200405_covid19_home_confinement.jsp (accessed April 6, 2020).

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  39. Prison Policy Initiative. “Responses to the COVID-19 Pandemic. Last updated March 31, 2020. Retrieved from https://www.prisonpolicy.org/virus/virusresponse.html (accessed March 31, 2020).

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  40. California Department of Corrections and Rehabilitation, “CDCR Announces Plan to Further Protect Staff and Inmates from the Spread of COVID-19 in State Prisons”. News Release (March 31, 2020). Retrieved from https://www.cdcr.ca.gov/news/2020/03/31/cdcr-announces-plan-to-further-protect-staff-and-inmates-from-the-spread-of-covid-19-in-state-prisons/ (accessed April 10, 2020).

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  41. Tracey Tully, 1,000 Inmates Will Be Released from N.J. Jails to Curb coronavirus Risk. The New York Times (March 23, 2020). Retrieved from https://www.nytimes.com/2020/03/23/nyregion/coronavirus-nj-inmates-release.html (accessed March 31, 2020).

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  42. Prison Policy Initiative. “Responses to the COVID-19 Pandemic. Last updated March 31, 2020. Retrieved from https://www.prisonpolicy.org/virus/virusresponse.html (accessed March 31, 2020).

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  43. Lin Ta. “Iowa’s Prisons will Accelerate Release of Approved Inmates to Mitigate COVID-19”. (March 20, 2020). Retrieved from https://iowacapitaldispatch.com/2020/03/20/iowas-prisons-will-accelerate-release-of-approved-inmates-to-mitigate-covid-19/ (accessed April 1, 2020).

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  44. Justin Carissimo. 1,700 Inmates Released from Los Angeles County in Response to Coronavirus Outbreak”. CBS News (March 24, 2020). Retrieved from https://www.cbsnews.com/news/inmates-released-los-angeles-county-coronavirus-response-2020-03-24/ (accessed April 1, 2020).

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  45. New York City Board of Correction. New York City Board of Correction Calls for City to Begin Releasing People From Jail as Part of Public Health Response to COVID-19, (March 17, 2020). Retrieved from https://www1.nyc.gov/assets/boc/downloads/pdf/News/2020.03.17%20-%20Board%20of%20Correction%20Statement%20re%20Release.pdf (accessed April 1, 2020).

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  46. New York City Office of the Mayor. “Transcript: Mayor de Blasio Holds Media Availability on COVID-19”. (March 24, 2020). Retrieved from https://www1.nyc.gov/office-of-the-mayor/news/188-20/transcript-mayor-de-blasio-holds-media-availability-covid-19 (accessed April 1, 2020).

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  47. John Bowden. New York City has Released 900 Inmates in Response to Coronavirus Pandemic. The Hill (March 31, 2020). Retrieved from https://thehill.com/homenews/state-watch/490444-new-york-city-has-released-900-inmates-in-response-to-coronavirus (accessed April 1, 2020).

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  48. The Marshall Project. “Coronavirus Tracker: How Justice Systems are Responding in Each State. Updated March 25, 2020. Retrieved from https://www.themarshallproject.org/2020/03/17/tracking-prisons-response-to-coronavirus (accessed March 31, 2020).

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  49. U.S. Immigration and Customs Enforcement. “Updated ICE Statement on COVID-19”. (March 18, 2020). Retrieved from https://www.ice.gov/news/releases/updated-ice-statement-covid-19 (accessed March 31, 2020).

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  50. Daniel Lippman and Anita Kumar, Immigration Chief on Thin Ice for Adopting Obama’s Stance During Crisis. Politico (March 27, 2020). Retrieved from https://www.politico.com/news/2020/03/26/white-house-immigration-chief-coronavirus-150497 (accessed April 10, 2020).

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  51. Kaiser Family Foundation, Changes to “Public Charge” Inadmissibility Rule: Implications for Health and Health Coverage, (Washington, DC, Kaiser Family Foundation), https://www.kff.org/disparities-policy/fact-sheet/public-charge-policies-for-immigrants-implications-for-health-coverage/

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  52. U.S. Immigration and Customs Enforcement. “ICE Guidance on COVID-19”. Last updated March 30, 2020. Retrieved from https://www.ice.gov/coronavirus (accessed March 31, 2020).

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  53. Thakker et al. v. Doll. Memorandum and Order Filing. March 31, 2020. Retrieved from https://www.law360.com/articles/1259004/attachments/0 (accessed April 10, 2020); and the American Civil Liberties Union, “ACLU Demands that ICE Suspend Civil Enforcement, Release Detainees During COVID-19 Pandemic”. Press Release (April 3, 2020). Retrieved from https://www.aclu.org/press-releases/aclu-demands-ice-suspend-civil-enforcement-release-detainees-during-covid-19-pandemic (accessed April 10, 2020).

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  54. U.S. Immigration and Customs Enforcement, “Detention Statistics”. Last updated April 8, 2020. Retrieved from https://www.ice.gov/detention-management (accessed April 15, 2020).

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