Reports suggest that many states have struggled to protect incarcerated people from the virus

Klobuchar calls on Administration to do more to assist state prison systems

WASHINGTON – U.S. Senator Amy Klobuchar (D-MN) wrote a letter to Attorney General William Barr urging the Administration to address the rapid outbreak of coronavirus (COVID-19) at state prisons and jails. Recent reports have suggested that many states have struggled to protect incarcerated people from the virus and in her letter to Attorney General Barr, Klobuchar calls on the Administration to do more to assist state prison systems.

“Reports suggest that many states and the federal prison system have struggled to protect incarcerated people from the virus. The Administration must take immediate action to assist prison systems in responding to the virus,” Klobuchar wrote.

“The Coronavirus Task Force, which was created to “monitor, contain, and mitigate the spread of the virus,” did not include any representative from the Department of Justice despite the high risk to incarcerated people due to the conditions of close confinement. Since that time, we have seen a rapid spread of the virus in state and federal correctional facilities. As testing has slowly begun to increase, states are now learning the extent to which the conditions of close confinement in state facilities has contributed to the spread of COVID-19.”

Last month, Klobuchar and Senator Durbin (D-IL) led a group of 14 colleagues in a letter to Bureau of Prisons (BOP) Director Michael Carvajal urging him to release system-wide demographic data in the BOP’s public reporting of the number of incarcerated people and staff impacted by COVID-19. Preliminary data collected from the general public has shown that the COVID-19 is disproportionately impacting certain populations, including racial and ethnic minorities.

Earlier in April, Klobuchar and Durbin announced that following their request, the BOP modified operations to waive phone charges for incarcerated people during the pandemic and has taken steps to ensure that communications with attorneys will remain confidential. In a letter dated April 10, the senators received a response from BOP Director Michael Carvajal that states in part, “Effective April 9, 2020, telephone calls were made free for the inmate population. Video-visiting, which is available to our female population, was also made free on that same date.”

The senators also wrote a letter urging the Administration to use new authority provided in the Coronavirus Aid, Relief, and Economic Security (CARES) Act to help incarcerated people stay in contact with families and loved ones during the pandemic.

The April letter followed a previous request from the senators on March 20. In-person visits at federal prisons have been suspended during the COVID-19 pandemic, and prior to the BOP’s action, calls could cost up to 25 cents per minute in addition to fees charged for each call.

Full text of the letter can be found HERE and below:

Dear Attorney General Barr:

I write to request information on the steps the Administration is taking to address the rapid outbreak of the coronavirus (COVID-19) at prisons and jails. Reports suggest that many states and the federal prison system have struggled to protect incarcerated people from the virus. The Administration must take immediate action to assist prison systems in responding to the virus.

The Coronavirus Task Force, which was created to “monitor, contain, and mitigate the spread of the virus,” did not include any representative from the Department of Justice despite the high risk to incarcerated people due to the conditions of close confinement. Since that time, we have seen a rapid spread of the virus in state and federal correctional facilities. As testing has slowly begun to increase, states are now learning the extent to which the conditions of close confinement in state facilities has contributed to the spread of COVID-19. For example, the Louisiana Department of Corrections recently completed testing at the Elayn Hunt Correctional Center and found that 156 out of 194 inmates were positive for the virus. At two Ohio facilities, about 80 percent of inmates and more than 275 workers have been diagnosed with the coronavirus.

According to analysis by the Marshall Project, the number of incarcerated people impacted by COVID-19 has yet to reach its peak. As of April 29, at least 14,513 people in state and federal prisons have tested positive for COVID-19, which represents a 50 percent increase from the week before, and 218 state and federal prisoners have died, a 66 percent increase.

It is critical that the Administration consider the risk to incarcerated people and prison staff, and provide guidance to states on how best to mitigate the spread of the virus at state facilities. Therefore, I respectfully request that you provide information on the steps that the Administration has taken to evaluate the risk to incarcerated people and the staff in these facilities during this public health crisis. This should include whether the Department has provided guidance to state facilities on how to reduce the risk of incarcerated people contracting COVID-19, including with respect to people who are most vulnerable to the virus such as the elderly and those with preexisting medical conditions, whether the Department has provided guidance to state facilities on improving testing capabilities, and whether the Department has provided guidance to states on the potential release of non-violent and vulnerable people from incarceration.

Thank you for your attention to this urgent matter. 

Sincerely,

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