According to the Prison Policy Initiative, "[t]he American criminal justice system holds almost 2.3 million people in 1,719 state prisons, 109 federal prisons, 1,772 juvenile correctional facilities, 3,163 local jails, and 80 Indian Country jails as well as in military prisons, immigration detention facilities, civil commitment centers, state psychiatric hospitals, and prisons in the U.S. territories." These are not fixed populations. As recently as 2017, according to the Bureau of Justice Statistics (BJS), more than 10 million people a year, or close to 1 million people a month, are admitted into America’s jails alone — jails that averaged an overall weekly inmate turnover rate of 54%. Some 20% of America’s jails operated at or above 100% capacity at mid-year 2017. And according to a 2015 BJS special report, a 2011-12 survey revealed that "an estimated 40% of state and federal prisoners and jail inmates reported having a current chronic medical condition[.]" The far-reaching challenges presented by the coronavirus pandemic not only implicate the health, safety, and welfare of more than two million incarcerated individuals, but also extend to the functioning of America's courts, individuals' access to counsel, and concerns about eroding liberties in this nation, among other matters.
On this Coronavirus Resources page, NACDL is aggregating its statements and messages; motions, pleadings, rulings, and other court papers related to COVID-19 and at-risk clients; advocacy letters on which NACDL is a signatory; various resources from across the criminal justice community; and news of interest on the intersection of criminal justice and the coronavirus. Indeed, on this page you will find sections linking to End Incarceration's tracking of changes to incarcerated populations across the country, Courthouse News Service's and the Brennan Center for Justice's tracking of changes and responses of federal and state courts nationwide, and The Marshall Project's tracking of prisons' responses to the virus, including changes to visitation rules, among many other resources.
NACDL has created this Coronavirus Resources page as a public service and thanks its members and others who provided motions, pleadings, rulings, and other court papers that other attorneys can use in their advocacy on behalf of their at-risk clients in the context of this pandemic. In addition, NACDL thanks the numerous organizations who have posted the useful resources that are linked to here.
This page is a living resource that will be constantly updated. If you know of or have resources to share (of the nature included on this page) that you think would be useful to criminal defense lawyers and criminal justice reform advocates, as well as the media and the public, please send them to NACDL Public Affairs and Communications Associate Kate Holden at kholden@nacdl.org or or NACDL Public Affairs & Communications Associate Jessie Diamond at jdiamond@nacdl.org.
Disclaimer: This Coronavirus Resources page provides practice material submitted or shared by members and non-members of NACDL, as well as external links to reliable sources, and more. NACDL does not endorse or verify the content of third party materials posted here and advises all to check that the law is current and relevant to their jurisdiction.
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Donate to the NFCJNACDL Statements, Messages, and Positions
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November 24, 2020, A Thanksgiving Message from NACDL President Christopher W. Adams
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August 11, 2020, Message from NACDL President Nina J. Ginsberg
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July 15, 2020, NACDL Statement: Nation’s Criminal Defense Bar Re-emphasizes the Grave Risk of COVID-19 in Jails and Prisons, Calls for Immediate Action
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July 13, 2020, Message from NACDL President Nina J. Ginsberg
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June 4, 2020, NACDL Report: Criminal Court Reopening and Public Health in the COVID-19 Era
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April 27, 2020, Message from NACDL Executive Director Norman L. Reimer
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April 17, 2020, Message from NACDL President Nina J. Ginsberg
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April 7, 2020, Message from NACDL Executive Director Norman L. Reimer
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April 3, 2020, Message from NACDL Immediate Past President Drew Findling
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April 02, 2020, Message from NACDL Foundation for Criminal Justice President Lisa M. Wayne
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March 27, 2020, Message from NACDL President Nina J. Ginsberg
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March 20, 2020, Message from NACDL Executive Director Norman L. Reimer
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March 17, 2020, Message from NACDL President Nina J. Ginsberg
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March 13, 2020, Message from NACDL Executive Director Norman L. Reimer
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March 4, 2020, NACDL Statement: Nation’s Criminal Defense Bar Calls for Prompt Implementation of Comprehensive, Concrete, and Transparent COVID-19 Coronavirus Readiness Plans for Nation’s Prisons, Jails, and Other Detention Facilities
Court Closures and Restrictions
NACDL Resources and Webinars
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The State of Prison & Jail Call Communication Systems ("In February 2020, NACDL asked its membership about how it communicated with clients in custody. The survey focused particularly on lawyers’ ability to communicate with their detained and incarcerated clients. We focus here on findings regarding confidentiality, a key requirement of attorney-client communication. A second survey was sent in April 2020, with the findings updated to reflect changes during the COVID-19 pandemic. This page is a live resource, intended for use as a guide to attorney-client communications in jails and prisons across the country.")
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Criminal Court Reopening in the COVID-19 Era (Featuring NACDL's Task Force on Criminal Court Reopening: Nina Ginsberg, Stephen Ross Johnson, Todd Pugh, and MartÃn Sabelli, "As the Task Force reported: ‘…the unprecedented public health risks caused by the COVID-19 pandemic present enormous challenges for court operations especially in criminal matters where liberty, and in some venues, life are at stake.' While the spread of the virus has made ‘business as usual’ impossible, ‘[F]rom a legal perspective there can be no justice when fundamental constitutional rights are suspended or curtailed.' Members of the Task Force, who practice in courts across the country, discuss the reopening of courts during the COVID-19 pandemic, including strategies and information to help lawyers uphold their clients constitutional rights while navigating the challenges that arise during this unprecedented time") (NACDL's June 4 Report: Criminal Court Reopening and Public Health in the COVID-19 Era)
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Sikich Business Briefing: SBA and PPP Loan Updates (Featuring Andy Powell, CPA, Partner, Sikich LLP. Webinar Description: "Our experts have been closely monitoring legislation changes relative to COVID-19 and are prepared to help your organization through these challenges. Learn how SBA and PPP loan guidance is evolving with important classifications as of April 29, 2020.")
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The HR Perspective on Federal COVID-19 Responses (Featuring Lisa Boss, MS, SPHR, SHRM-SCP, The HR Team, "The Federal government has acted quickly to provide resources for individuals and businesses in the midst of the COVID-19 pandemic. The Families First Coronavirus Response Act and the CARES Act created opportunities for employers to continue to pay their employees, increased state unemployment benefits, added items eligible for FSA/HSA/HRA reimbursements, and altered requirements for 401(k) loans and withdrawals. This webinar will answer some of your questions on how to utilize the available options to best support your business and your employees.") (Supporting Materials are available here.)
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Compassionate Release and Second Looks: Early Release Opportunities Under the First Step Act ("Long underused and unfairly applied by the U.S. Bureau of Prisons, federal compassionate release is seeing a revival under the First Step Act. That law not only corrected many of the flaws in the way the BOP handled compassionate release requests, but allows prisoners direct access to the courts. The new law clarifies the broad range of circumstances related to age, illness, and family circumstances that might trigger eligibility for relief and further opens up exciting new opportunities to seek reconsideration of sentences that are no longer appropriate for a variety of other reasons. Learn the ins and outs of this expanded mechanism for sentencing relief from three leading experts in the field: Mary Price (FAMM), Peter Goldberger (Attorney, Ardmore, PA), and Shon Hopwood (Georgetown University Law Center)." Shon Hopwood's discussion of 'Second Look' compassionate release begins at 51m15s. Also, here is a link to "Second Looks & Second Chances" by Shon Hopwood, Cardozo Law Review)
Compassionate Release Clearinghouse
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FAMM, Washington Lawyers’ Committee, NACDL Launch Emergency Compassionate Release Effort (April 6, 2020, News Release) ("In a massive pro bono effort, our groups are recruiting, training, and supporting lawyers who agree to represent individuals in federal prisons eligible for compassionate release and those at special risk due to COVID-19.")
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Volunteer here: https://crclearinghouse.org/training/
Materials Relevant to Court Reopenings
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June 4, 2020, NACDL Report: Criminal Court Reopening and Public Health in the COVID-19 Era
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NACDL News Release: Nation’s Criminal Defense Bar: Jury Trials Not Safe Until COVID-19 Pandemic Under Control (June 4, 2020)
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NACDL News Release: Nation’s Criminal Defense Bar Alarmed by ‘Rush to Resume Normal Court Operations’ During Escalating Pandemic (July 24, 2020)
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NACDL Webinar: Criminal Court Reopening in the COVID-19 Era (June 25, 2020)
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European Criminal Bar Association: Principles on the Use of Video Conferencing in Criminal Cases in a Post-COVID-19 World, September 6, 2020 ("Looking at the current developments from this perspective, this statement aims to set out the principles that may be considered to be fundamental to the rights of defence if means of remote participation per video remain in place after the end of the pandemic outbreak.")
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UNC School of Government: March 12, 2021, COVID-19 and the Resumption of Criminal Jury Trials Part 1: Jury Selection and COVID-19 and the Resumption of Criminal Jury Trials Part 2: Presentation of Evidence by Ian A. Mance
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Arizona: May 1, 2020, COVID-19 Continuity of Court Operations During a Public Health Emergency Workgroup Best Practice Recommendations
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California: Motion Challenging Mendocino, Calif., Superior Court “Socially Distanced” Trial Procedures (“The social distancing procedures in Mendocino County violate the Sixth Amendment of the U.S. Constitution and the Corresponding Provisions of the California State Constitution.") (Courtesy of Jeffrey A. Aaron)
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Northern District of California: July 23, 2020, Gen. Order 72-5 re COVID and the Court (“No new jury trial will be conducted through September 30, 2020. Any jury trial currently scheduled to commence before October 1, 2020, will be postponed or vacated.”)
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Florida: May 11, 2020, Supreme Court Workgroup on Continuity of Court Operations and Proceedings During and After COVID-19 ("To assist judges in managing various challenges that may arise with proceedings during the pandemic, the Workgroup on Continuity of Court Operations and Proceedings During and After COVID-19 has developed best practices on the following topics: Facilitating Pro Se Litigants with Remote Appearance Technology, Representing Yourself and Using Remote Appearance Technology with the Courts, Management of Evidence in Remote Hearings in Civil and Family Cases, Out-of-County Inmates")​
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Indiana: May 13, 2020, Resuming Operations of the Trial Courts ("COVID-19 Guidelines for Indiana’s Judiciary")
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Indiana Supreme Court Resuming Operations Task Force: Resource Guide for the Resumption of Civil Jury Trials in Indiana ("The guides and practices suggested herein are in direct response to the ongoing public health emergency created by COVID-19, and the Court’s inherent authority to supervise the administration of all courts of this state pursuant to Indiana Administrative Rule 17. The Court will notify all courts when that emergency supervision has ended and that any public health emergency created by COVID-19 no longer rises to the level of invoking Indiana Administrative Rule 17. At that time, the Court expects all courts may return to the normal operating procedures that existed immediately prior to the public health emergency created by COVID-19.”)
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Eastern District of Louisiana: August 20, 2020, COVID -19 General Order 20-10 (“All civil and criminal jury trials are suspended until January 1, 2021 and will be reset by each presiding judge. Those continuances do not continue any pending deadlines other than the trial dates. Attorneys should contact the presiding judges in their continued cases if they seek to modify such other deadlines.")
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Massachusetts Jury Management Advisory Committee: July 31, 2020, Report and Recommendations to the Justices of the Supreme Judicial Court on the Resumption of Jury Trials in the Context of the COVID-19 Pandemic
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Michigan: April 7, 2020, Michigan Trial Courts Virtual Courtroom Standards and Guidelines
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Michigan Trial Court Standards for Courtroom Technology ("These standards and guidelines are established to ensure that courts purchase, maintain, and operate recording systems that are designed to meet the special requirements of courtroom recording. They include standards for: 1) governance, 2) equipment and technology, and 3) operating and monitoring the recording of proceedings.")​
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Michigan: June 22, 2020, Decision of the Michigan Supreme Court in People v. Jemison ("The Sixth Amendment of the United States Constitution and Article I, § 20 of the Michigan Constitution guarantee criminal defendants the right to confront the witnesses against them. In this case, we consider whether a forensic analyst’s two-way, interactive video testimony violated the defendant’s Confrontation Clause rights....In allowing this witness’s two-way, interactive video testimony over the defendant’s objection, the trial court violated the defendant’s Confrontation Clause rights. We reverse the judgment of the Court of Appeals and remand to that Court for further proceedings consistent with this opinion, including determining whether that violation was harmless beyond a reasonable doubt.")
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Nebraska: April 2020, Administrative Office of the Courts & Probation, "COVID-19 Recovery and Reconstitution Guidance for the Trial Courts"
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New Jersey: New Jersey Supreme Court July 22, 2020, Plan for Resuming Jury Trials (46-Page PowerPoint, “Chief Justice Stuart Rabner and the New Jersey Supreme Court are committed to providing comprehensive court services, even during the COVID-19 pandemic. To that end, the New Jersey courts are preparing to resume Civil and Criminal jury trials in or around September 2020. We will mail juror summonses in July/August 2020 and empanel juries and start trials in September....")
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New Jersey State Bar Association Pandemic Task Force: July 6, 2020, Report of the Committee on the Resumption of Jury Trials ("The New Jersey State Bar Association released a report and recommendations for the resumption of jury trials in the New Jersey courts in response to the systemic disruption of trials due to the COVID-19 pandemic. The proposals are meant to aid the restart of jury trials while accommodating and preserving essential constitutional protections and protecting the health of all involved in the justice system....While preliminary screening of potential jurors may be conducted remotely, ultimately there is no substitute for in-person observation during the final phases of jury selection.")
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EDNY: August 26, 2020, United States District Judge Gary R. Brown Memorandum and Order--Bench Trial Authorized Without Government Consent​ (“Before the Court is the defendant’s application to proceed with a bench trial notwithstanding the Government’s objection. DE 93. While the Federal Rules of Criminal Procedure require the Government’s consent, in extraordinary situations, the Court is empowered to conduct a bench trial upon the defendant’s waiver even over the Government’s objection when required by the interests of justice. Upon careful consideration, the Court finds that the unusual, if not unique, circumstances presented by this particular case dictate that a bench trial be held notwithstanding the Government’s objection.")​
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SDNY: July 1, 2020, Complaint and Jury Demand by New York State Court Officers Assn. against New York State Office of Court Administration, Quirk v. DiFiore ("As a result of the failure of Defendants to provide PPE to UNION members and properly sterilize work areas within the Court system, UNION members have been, and continue to be, exposed to COVID-19 and have in fact contracted coronavirus and have died as a result of said failure....To date, OCA has failed to provide the COA members with sufficient PPE gear to address health and safety concerns with respect to issues surrounding COVID-19...To date, OCA has failed to properly inspect and establish protocols within New York State Courthouses for continual monitoring and disinfecting of the New York State Courthouses to address health and safety concerns with respect to issues surrounding COVID-19.")
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SDNY: July 14, 2020, Complaint Challenging Court Reopenings, Bronx Defenders, et al. v. Office of Court Administration ("Plaintiffs have at least hundreds of clients and staff members who have medical vulnerabilities that put them at great risk of serious illness or death from COVID-19.[] On the eve of the rushed and unnecessary reopening of courts contemplated by the In-person Order, Plaintiffs’ clients with these disabilities face the tragic and illegal choice between their fundamental right to participate in their own cases and their health and safety. Meanwhile, their attorneys who have these disabilities will be forced to potentially forgo the process currently developed by Plaintiffs to request and receive reasonable accommodations or modifications and instead endanger their lives in order to access to the courts and represent their clients. These untenable choices will endanger the lives of thousands of New Yorkers by perpetuating the spread of this virus and burden the constitutional rights to access the courts and to due process of law. The Americans with Disabilities Act ("ADA") and Section 504 of the Rehabilitation Act of 1973 ("Section 504") forbid Defendants from forcing people with disabilities to make these choices.") (emphasis added)
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UNC School of Government: March 12, 2021, COVID-19 and the Resumption of Criminal Jury Trials Part 1: Jury Selection and COVID-19 and the Resumption of Criminal Jury Trials Part 2: Presentation of Evidence by Ian A. Mance
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Ohio: May 12, 2020, Jury Trial Advisory Group Standards and Practices Essential to the Resumption of Jury Trials in Ohio ("This includes jury trials in civil, criminal and juvenile matters. While the duration and reach of the pandemic remains largely speculative, consensus within the Ohio legal community is that jury trials must proceed when (1) deemed essential; (2) can be conducted in compliance with best medical practices; and (3) are able to honor the fundamental rights of all parties to the judicial process. This advisory group, on behalf of Ohio’s legal community, asserts that cases must be evaluated on an individualized basis and that a ‘one size fits all’ approach is not appropriate.")​
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Pennsylvania: COVID-19 Guidelines for Pennsylvania’s Judiciary: Resuming Jury Trials ("On May 11, 2020, the Administrative Office of Pennsylvania Courts (AOPC) in conjunction with the Pennsylvania Conference of State Trial Judges, created a Jury Trial Working Group to identify issues and to provide best practice recommendations for resuming jury trials while ensuring public health and safety... On June 25, 2020, the Working Group issued these recommendations based upon currently-available public health information, with the expectation that these recommendations may be revised or supplemented as circumstances change.")
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Pennsylvania: Defendant’s August 24, 2020, Motion In Limine Objecting to COVID-19 Trial Procedures in Pennsylvania v. Washington (Court of Common Pleas of Lehigh County, Pennsylvania, Criminal Division) (“WHEREFORE, defendant requests the Court to provide him with a fair trial procedure that does not interfere with his right to a public trial, effective counsel, an impartial jury from a fair cross-section of the community, and a trial wherein the jurors are seated together in full view of the evidence, attorneys and witnesses; or in the alternative, stay his trial until such time as the pandemic has abated sufficiently to allow a trial comporting with longstanding constitutional requirements.") (Courtesy of Carol A. Marciano)
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Middle District of Pennsylvania: Plan for the Reinstitution of Jury Proceedings, Revised July 27, 2020 ("The plan that follows is the result of an intensive collaboration between the Office of the United States Attorney and Office of the Federal Defender for the Middle District of Pennsylvania. I am incredibly thankful for the substantial, personal commitment of U.S. Attorney David Freed and Federal Defender Heidi Freese, who in consultation with me, as well as other Court personnel, fashioned this creative and comprehensive plan. While it will not be the subject of a standing order, it is my hope that all judicial officers will carefully consider it as an appropriate, innovative, and worthy template for criminal trials. Moreover, its contents are clearly applicable to civil trials as well.")
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Eastern District of Tennessee: May 18, 2020, Motion to Continue Pretrial Motions Deadline in United States v. Foster ("This motion is not submitted for the purpose of procrastination or unreasonable delay in this matter or some other improper purpose, but rather is made so that counsel may provide the defendant with the effective assistance of counsel to which he is entitled, that the defendant receive zealous representation, and that the defendant, through counsel, is able to adequately review discovery, research potential issues to be raised via motion, and investigate and develop evidence necessary to present a defense to the charged offenses. 18 U.S.C. § 3161(h)(7)(B); Tenn. Sup. Ct. R. 8, Rules of Prof. Conduct; U.S. Const. Amend. VI.") and May 29, 2020, Order Granting Pretrial Motions Deadline in United States v. Foster ("Given the inability of counsel to effectively communicate with Defendant as a result of the pandemic, it is impossible for Defendant and his counsel to determine what motions may need to be filed and to prepare for trial.") (Courtesy of Stephen Ross Johnson)
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Eastern District of Tennessee: May 22, 2020, Motion to Continue Trial Setting and All Corresponding Deadlines, U.S. v. Rondeau ("the defendant respectfully moves that the pretrial motions deadline, trial date, and all corresponding deadlines be extended. This motion is not submitted for the purpose of procrastination or unreasonable delay in this matter or some other improper purpose, but rather is made so that counsel may provide the defendant with the effective assistance of counsel to which he is entitled, that the defendant receive zealous representation, and that the defendant, through counsel, is able to adequately review discovery, research potential issues to be raised via motion, and investigate and develop evidence necessary to present a defense to the charged offenses. 18 U.S.C. § 3161(h)(7)(B); Rules of Prof. Conduct; U.S. Const. Amend. VI.") (Courtesy of Stephen Ross Johnson)
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National Center for State Courts: Texas Juror Poll (PowerPoint) Conducted June 8-11, 2020 ("Key Finding: Amidst a pandemic, Texans are hesitant to resume regular activities. People are looking for alternatives to reporting to the courthouse. Seniors (age 65+) present the greatest challenge – they are as uncomfortable with going to a courthouse as they are with accessing remote technology. Composition of jury pool likely to present a challenge in either environment.")
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Texas: June 29, 2020, Supreme Court of Texas Eighteenth Emergency Order the COVID-19 State of Disaster ("Existing grand juries may meet remotely or in-person as long as adequate social distancing and other restrictions and precautions are taken to ensure the health and safety of court staff, parties, attorneys, jurors, and the public. Courts should consider extending the term of a grand jury under Section 24.0125 of the Texas Government Code and reassembling discharged grand juries under Article 19.41 of the Texas Code of Criminal Procedure. A court must not hold a jury proceeding, including jury selection or a jury trial, prior to September 1, except as authorized by this Order.") (emphasis added)
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Texas: Harris County Public Defenders Office, Can a Texas Criminal Jury Trial Occur by Video Conference, Absent a Defendant’s Consent?
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Northern District of Texas: June 15, 2020, Handbook for Conducting Jury Trials During the Coronavirus Pandemic ("On June 1, 2020, Chief Judge Barbara M. G. Lynn in the Northern District of Texas conducted a federal jury trial using special precautions in light of COVID-19. Despite the many obstacles the Court faced in completing a jury trial during a worldwide pandemic, the experience seemingly demonstrates that it is possible to conduct such a trial safely and fairly. The Court took many measures for the safety of all participants, attempting to ensure that everyone at the trial felt safe and could focus on the merits of the case rather than concerns about coronavirus. This handbook describes the experience and the safety measures put in place.")
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Eastern District of Virginia: January 8, 2021, General Order No. 2021-01 Re Temporary Suspension of Criminal Jury Trials, Grand Juries, and In-Person Misdemeanor, Traffic, and Petty Offense Dockets (through February 28, 2021, "In concluding that this Court is currently unable to safely conduct criminal jury trials and in-person misdemeanor, traffic, and petty offense dockets, as well as grand jury proceedings, the Court has carefully considered the Governor’s most recent Executive Order and its impact on the Court’s ability to select a jury that represents a fair cross-section of the community, as well as any seated jury’s ability to focus on the evidence throughout trial at a time when the risk of exposure to COVID-19 has increased so dramatically. Notably, the difficult question that presents itself to the Court is not merely whether it is "possible" to conduct a criminal jury trial, but rather, whether a fair trial that provides a criminal defendant all the necessary constitutional protections can be conducted based on the current state of the pandemic, with relevant considerations including not only the makeup of the jury, but the jury’s ability, without COVID-related concerns, to focus on the evidence, see and hear the witnesses, and observe the defendant throughout the proceedings. The Court has also placed considerable weight on the practical difficulties faced by defense counsel in adequately preparing for jury trials or in-person misdemeanor proceedings during this time of increased community spread, record hospitalizations, and increasing deaths, to include the difficulties interviewing witnesses and potential witnesses and the challenges associated with bringing witnesses into our Courthouses (to include in- custody witnesses, expert witnesses, and witnesses from other localities who must travel).")
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Eastern District of Virginia: June 30, 2020, General Order Regarding Resumption of Jury Trials ("...the Court’s decision to extend the date for resumption of criminal jury trials to September 14, 2020, reflects feedback the Court received from the defense bar, to include concerns raised by defendants that jurors need to have a lengthy period (within reason) to become comfortable with the idea of sitting in an enclosed courtroom, with a group of strangers, for the entire day. The Court’s CJA Panel Attorney District Representative communicated with the Court on how, and when, to safely resume jury trials in this District and provided the Court with a copy of a June 2020 report issued by the National Association of Criminal Defense Lawyers (NACDL Report), with the report discussing the 'unprecedented public health risks caused by the COVID-19 pandemic' and the 'enormous challenges for court operations especially in criminal matters where liberty, and in some venues, life are at stake.' NACDL Report, at 2.[8] The NACDL Report discusses the inherent conflicts that arise when endeavoring to preserve all of an accused defendant’s rights and recommends that best practices for resuming trials 'need to prioritize evidence-based health and safety measures and the preservation of fundamental rights over the ministerial needs of docket management.' Id. at 7. The NACDL Report therefore finds that 'Courts must recognize the criminal accused’s right to speedy trial might be subjugated based on the current state of affairs including lack of a vaccine, substantial rates of infection and mortality, and economic hardship.'[9] Id. While this Court does not individually opine on the various conclusions provided in the NACDL Report, the Report provides very useful context from the perspective of the individuals whose role in the trial process is most directly centered on protecting the rights of accused defendants, including their right to a speedy trial....Having considered the NACDL Report, the AO’s Jury Subgroup Report, and input from local stakeholders and local health officials, the Court concludes that conditions specific to this District do not warrant the resumption of jury trials in July or August, months during which numerous additional steps will be taken to prepare for the resumption of trials in early September.")
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Washington: June 2020, Resuming Jury Trials in Washington State ("Guidelines for Operations during the COVID-19 Pandemic")​
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Boston College Law Review Electronic Supplement: And Justice for None: How COVID-19 Is Crippling The Criminal Jury Right (Forthcoming, Preprint)
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Joint Technology Committee: June 25, 2020, Managing Evidence for Virtual Hearings ("This document is a product of the Joint Technology Committee (JTC) established by the Conference of State Court Administrators (COSCA), the National Association for Court Management (NACM) and the National Center for State Courts (NCSC)…Judges and court staff are adapting to virtual hearing challenges “on the fly” and learning as they go. As stay-at-home orders are lifted, courts will still have to mitigate ongoing risks associated with public gatherings; virtual hearings will likely continue in many places. Courts are sharing examples and emerging best practices as well as advisories to benefit the court community as a whole. A critical aspect of this effort is how evidence will be handled during virtual hearings.")
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National Association for Public Defense: June 18, 2020, NAPD Statement on the Issues With the Use of Virtual Court Technology ("This document is organized in four sections: (1) guiding values; (2) constitutional considerations in virtual court; (3) minimum requirements for the implementation of virtual court; (4) special considerations for public defenders. The first three sections are intended for judges and policymakers as input from the defense bar on the implementation of virtual court. These sections describe standards that at least minimally satisfy due process and fair trial protections for the public defender’s client. The final section is aimed at public defenders who may be grappling with the changes virtual court brings to the practice of law.”)
Motions, Pleadings, Rulings, and Other Court Papers Related to Covid-19 and/or at-risk Clients
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NACDL Model Pleading (January 2021): Motion for Access to Jury Selection Records
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NACDL Model Pleading (January 2021): Motion for Funds to Retain a Jury Composition and Selection Procedures Expert and Proposed Order Granting Funds to Retain a Jury Composition and Selection Procedures Expert
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NACDL Model Pleading (March 2021): Motion to Continue Due to the COVID-19 Pandemic
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Jury and Trial Consultant Denise de La Rue Affidavit on the Resumption of Jury Trials (Dated February 28, 2021) ("I have served as a jury and trial consultant in hundreds of cases, both civil and criminal, throughout the United States in both federal and state courts…I have been asked to give my opinion about resuming jury trials at a time in which wearing masks and social distancing throughout a trial are necessary measures to attempt to provide a safe courtroom environment for jurors, courtroom staff, attorneys, and litigants considering the COVID-19 pandemic. It is well established in scientific and medical literature that wearing masks and social distancing are essential practices for public health and safety. However, the wearing of masks or other personal protective equipment and social distancing by jurors, lawyers, witnesses, and defendants, though necessary if jury trials were to resume, would interfere with essential courtroom communication to the point that the critical functions of a traditional jury trial would be significantly impaired."), and Denise de La Rue CV.
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July 1, 2020, Compassionate Release List of Cases and Outcomes (72 pages of case summaries, including case names, jurisdictions, cites, and information such as age and medical condition(s), among other aspects of each case) (courtesy of Thomas Church)
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Template for a motion to challenge the continued pre-trial confinement of at-risk clients ("This template is predicated upon a model motion that was graciously provided by the Federal Defenders of New York. This template can be adapted to other federal jurisdictions, and may also serve as a guide for similar applications in state venues.")
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Template for Pre-Trial Release of Non-"High-Risk" Clients (This template seeks pre-trial release for clients who are not considered “high-risk” due to age or underlying health concerns. It argues that continued detention is a violation of the Fifth, Sixth, and Eighth Amendments as well as a violation of international human rights law prohibiting cruel, inhuman, or degrading treatment. It updates the facts and law from NACDL’s previous template for at-risk clients and draws from existing model motions provided by the Federal Defenders of New York and California. Drafted by NACDL’s Fourth Amendment Center with additional research assistance courtesy of Prof. Margaret Satterthwaite & the NYU Center for Human Rights and Global Justice.")
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Template for Individual Emergency Application For Reprieve For The Preservation Of Public Health And Civil Rights During The COVID-19 Pandemic (Ohio Model) ("Executive Reprieve is an act of mercy. The preservation of human life in the wake of COVID-19 has required unprecedented application of executive power and orders issued for the protection of public health. Executive power must now also be exercised to grant the mercy of reprieve to reduce and disperse Ohio’s prison population. A grant of reprieve to [CLIENT NAME] is necessary to protect the health and safety of [CLIENT NAME] as well as reduce risks to corrections officers and all prisoners.")
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Letter to Warden: April 4, 2020, Letter to Warden at FCI Danbury Urging Immediate Release and Home Confinement Pursuant to AG Barr's April 3, 2020, Directive (courtesy of Lisa A. Mathewson)
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Citations on COVID-19 and Exhaustion of Administrative Remedies under Section 3582 (as of April 8, 2020): See United States v. Zukerman, No. 16 Cr. 194 (AT), 2020 WL 1659880, *2–*3 (S.D.N.Y. Apr. 3, 2020); United States v. Colvin, No. 3:19-CR-179 (JBA), 2020 WL 1613943, *2 (D. Conn. Apr. 2, 2020); United States v. Perez, __ F. Supp. 3d __, 2020 WL 1546422, *3 (S.D.N.Y. Apr. 1, 2020); United States v. Rodriguez, No. 2:03-CR-271-AB, 2020 WL 1627331, *2 (E.D. Pa. Apr. 1, 2020); United States v. Gonzalez, No. 2:18-CR-232-TOR, 2020 WL 1536155, *1 (E.D. Wash. Mar. 31, 2020); Order, United States v. Marin, No. 1:15-CR-252-PKC-RML, ECF No. 1326 (E.D.N.Y. Mar. 30, 2020); Amended Order, United States v. Powell, No. 1:94‑CR‑316-ESH, ECF No. 98 (D.D.C. Mar. 28, 2020); see also United States v. Resnick, No. 14 CR 810 (CM), 2020 WL 1651508, *5–*6 (S.D.N.Y. Apr. 2, 2020) (where Defendant's request for compassionate release was "not stamped received by the warden until March 16, 2020," and Government argued that Defendant's motion should be denied for failure to exhaust administrative remedies, "[t]he Government is wrong"); United States v. Jepsen, No. 3:19-CV-73 (VLB), 2020 WL 1640232, *3 (D. Conn. Apr. 1, 2020) (exhaustion requirement satisfied where prisoner designated to Wyatt "is essentially caught in a 'Catch-22'" where "neither the warden at Wyatt nor the BoP will consider his request because of his designation to Wyatt, a non-BoP facility"). (Courtesy of Andrew P. Giering)
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OSHA Complaint Against BOP (March 31, 2020) (Brought by Council of Prison Locals 33 Union, "The Bureau of Prisons has failed to introduce workplace controls to mitigate or prevent exposure or further exposure to the virus.")
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Not Jurisdiction-Specific: March 27, 2020, Affidavit of Dr. Brie Williams, Professor of Medicine in the UCSF Division of Geriatrics, Director of the Criminal Justice & Health Program at UCSF ("I submit this affidavit in support of any defendant seeking release from custody during the COVID-19 pandemic, so long as such release does not jeopardize public safety and the inmate can be released to a residence in which the inmate can comply with CDC social distancing guidelines. The statements in this affidavit are based only on the current state of emergency and the circumstances described below")
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Second Circuit Court of Appeals: March 20, 2020, Decision in Federal Defenders of New York v. Federal Bureau of Prisons, et al. ("We therefore urge in the strongest possible terms that, as soon as the District Court again has jurisdiction over this case, it consider convening the parties to obtain their advice as to the appointment of an individual with the stature, experience, and knowledge necessary to mediate this weighty dispute and ultimately facilitate the adoption of procedures for dealing with ongoing and future emergencies, including the COVID-19 outbreak. Such a person should diligently and speedily work to ensure that those incarcerated at the MDC and those who represent them have access to each other, and that the BOP—while maintaining its ability and authority to manage the facility in a safe way—takes every reasonable step to preserve the statutory and constitutional rights of the inmates and their counsel. We are confident that under wise leadership and guidance, these parties, whose common interest is service to the public, will rise to the occasion and achieve a satisfactory resolution to their permanent credit.") (NACDL's amicus curiae brief in this matter is available here.)
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Third Circuit Court of Appeals: April 21, 2020, Amicus Brief of NACDL and FAMM in Support of Defendant-Appellee's Petition for Rehearing and/or Rehearing En Banc, in United States v. Raia ("Appellee Raia’s Petition for Rehearing addresses the discretion of a district court to excuse the 30-day waiting period for compassionate release under the First Step Act, 18 U.S.C. § 3582(c)(1)(A). On April 2, 2020, the Panel declined to remand this case under Federal Rule of Appellate Procedure 12.1, stating that remand would be 'futile.' In so ruling, the Panel necessarily concluded that the 30-day waiting period cannot be excused or waived. That conclusion was inconsistent with both Supreme Court and Circuit precedent. The ruling creates inconsistency in the Circuit’s treatment of all claims-processing rules, and undermines courts’ equitable authority in a wide range of cases. As explained below, the 30-day waiting period is a nonjurisdictional claims-processing rule. Courts may excuse noncompliance with that rule absent an express prohibition on doing so. Remand is therefore not 'futile.' The Panel’s sua sponte conclusion to the contrary was error. Rehearing should be granted to correct the Panel’s error and confirm that judges are empowered to address 'extraordinary and compelling' circumstances even when they arise exigently. At a minimum, the Panel should grant rehearing and order full briefing on this important issue, which was neither decided below nor fully briefed on appeal.")
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Third Circuit Court of Appeals: May 3, 2020, Unopposed Emergency Motion for Postponement of Self-Surrender Date in United States v. Roeder ("Pursuant to Federal Rules of Appellate Procedure 8 and 9(b), and Local Appellate Rule 9.1(b), appellant Calvin Roeder respectfully moves this Court to postpone his self-surrender date for a further 60 days, until July 6, 2020. Alternatively, the case should be remanded with instructions for the district court to do so forthwith. The government does not oppose. Mr. Roeder’s self-surrender date should be postponed in light of the COVID-19 pandemic as explained in detail below. This would preserve the status quo. It is undisputed that, under 18 U.S.C. § 3143(a)(1), Mr. Roeder has established by clear and convincing evidence that he is not likely to flee or pose a danger to the safety of any other person or the community if granted continued release pending execution of sentence.") and May 3, 2020, Order Granting Postponement of Self-Surrender Date in United States v. Roeder ("Appellant’s motion is also construed as a motion to reopen the appeal and the appeal is reopened for purposes of considering Appellant’s motion to postpone self-surrender. The Court notes that the Federal Defender represented in the motion that Appellant filed a motion to postpone self-surrender in the District Court on May 2, 2020 as required under Federal Rules of Appellate Procedure 8 and 9. The District Court has not entered an order. Under the circumstances, Appellant properly filed the motion in this Court. Appellant’s unopposed motion to postpone his self-surrender is GRANTED. Appellant’s self-surrender date is postponed until July 6, 2020.")
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Third Circuit Court of Appeals: Emergency Motion Appealing Denial of Request to Postpone Self-Surrender Date, Dated March 27, 2020 and supplemental letter.
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Sixth Circuit Court of Appeals: June 10, 2020, Brief In Support Of Appellant, Request for Oral Argument in United States v. Foster ("Seeking ​pretrial release of medically vulnerable ​individual who is at risk of death from COVID-19") and June 15, 2020, Reply Brief in Support of Appellant and August 3, 2020, Petition of the Defendant-Appellant For Rehearing and Rehearing En Banc (Courtesy of Stephen Ross Johnson)​
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Ninth Circuit Court of Appeals: April 21, 2020, Brief Of Amici Curiae Ninth Circuit Federal And Community Defender Organizations In Support Of Defendant-Appellant in United States v. Millage ("Appellant’s Brief persuasively argues that the exhaust-or-wait rule should be subject to equitable exceptions, including futility, inadequacy, and irreparable harm. Amici write to describe why district courts so desperately need that authority during the current crisis.")​
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Alaska: March 24, 2020, Order of the Court of Appeals of the State of Alaska reversing the denial of Appellants' applications for a second or subsequent bail review hearing, in Karr, et al. v. State ("We therefore REVERSE the trial court orders denying the Appellants a bail review hearing, and we REMAND these cases to the trial court with directions to hold a bail review hearing in each case. At the hearing, the trial court shall conduct an individualized assessment to determine the least restrictive bail condition or conditions that will reasonably ensure the defendant’s appearance in court and protect the victim, other people, and the community in light of the COVID-19 pandemic and any other new information that may be provided.")
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Arizona: Petition to Supreme Court of Arizona for Writ of Habeas Corpus Ordering Release to Home Detention, Dated March 26, 2020 (courtesy of Katia Méhu)
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California: Motion Challenging Mendocino, Calif., Superior Court “Socially Distanced” Trial Procedures (“The social distancing procedures in Mendocino County violate the Sixth Amendment of the U.S. Constitution and the Corresponding Provisions of the California State Constitution.") (Courtesy of Jeffrey A. Aaron)
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California: May 10, 2020, Notice of Motion and Motion to Continue Trial, Memorandum of Points and Authorities, and Declaration in People v. Santos Fonseca ("The County of Monterey, Monterey Superior Court in conunction with a medical advisor, CDC, or Department of Health, has not issued any policies and procedures to implement and enforce to protect litigants and the general public, especially those at "higher risk" as referred to by the Governor....Mr. Fonseca is constitutionally and statutorily entitled to receive a fair trial and due process under the law; under current conditions Mr. Fonseca will not receive due process.")
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California: April 24, 2020, Petition for Writ of Mandate filed by NACDL, California Attorneys for Criminal Justice, and Youth Justice Coalition in California Supreme Court (Petitioners seek an immediate and significant reduction of county jail and juvenile facility populations throughout the State of California. The conditions in these facilities constitute violations of the U.S. Constitution’s Eighth Amendment prohibition on cruel and unusual punishment as well as violations of individuals’ Due Process rights under the Fourteenth Amendment, in addition to violations of the California Constitution and other state and federal laws.)
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California: March 20, 2020, Directive from the Chief Justice of the California Supreme Court (Including guidance to "Lower bail amounts significantly for the duration of the coronavirus emergency, including lowering the bail amount to $0 for many lower level offenses. Consider a defendant's existing health conditions, and conditions existing at the anticipated place of confinement, in setting conditions of custody for adult or juvenile defendants. Identify detainees with less than 60 days in custody to permit early release, with or without supervision or community-based treatment. Determine the nature of supervision violations that will warrant detention in county jail, or 'flash incarceration,' to drastically reduce or eliminate its use during the current health crisis. Prioritize arraignments and preliminary hearings for in-custody defendants, and the issuance of restraining orders. Prioritize juvenile dependency detention hearings to ensure they are held within the time required by state and federal law. Allow liberal use of telephone or video appearance by counsel and defendant for routine or non-critical criminal matters.") (courtesy of CACJ)
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Central District of California: May 16, 2020, Complaint—Class Action For Declaratory And Injunctive Relief And Petition For Writ Of Habeas Corpus in Wilson et al. v. Ponce et al. (re Terminal Island) (including exhibits) ("This petition is not brought by Mr. Cutting or Mr. Lino, who have died. This petition is brought by Plaintiff-Petitioner Lance Aaron Wilson, Plaintiff-Petitioner Maurice Smith, and Plaintiff-Petitioner Edgar Vasquez (collectively, 'Petitioners') on behalf of themselves and a class of all medically vulnerable persons incarcerated at Terminal Island now and in the future, who are all still alive and incarcerated at Terminal Island and seek to avoid Mr. Cutting and Mr. Lino’s fate....Time is running out for the individuals incarcerated at Terminal Island. Every day, those infected fear for their lives. Every day, those who are not infected see people succumbing to the illness and are forced to face the inescapable reality that it will soon come for them as well. Help is not coming from the institution or individuals entrusted with their care. Their relief can only come from the Court, and it must come before it is too late....Accordingly, Plaintiff-Petitioner Lance Aaron Wilson, Plaintiff-Petitioner Maurice Smith, and Plaintiff-Petitioner Edgar Vasquez on behalf of themselves and a class of all persons incarcerated at Terminal Island now and in the future, bring this action for declaratory and injunctive relief, for enlargement of custody to include home confinement, and ultimately, if they cannot be held in custody constitutionally, for release.")
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Central District of California: May 16, 2020, Complaint—Class Action For Declaratory And Injunctive Relief And Petition For Writ Of Habeas Corpus in Torres et al. v. Milusnic et al. (re Lompoc) (including exhibits) ("The Federal Bureau of Prisons ('BOP') is mismanaging one of the worst public health catastrophes related to COVID-19 anywhere in the country— and at the epicenter of the outbreak are FCI Lompoc and USP Lompoc (collectively 'Lompoc'), where more than 1,000 incarcerated persons have tested positive for COVID ....Accordingly, Petitioners Yonnedil Carror Torres, Vincent Reed, Felix Samuel Garcia, Andre Brown, and Shawn L. Fears, on behalf of themselves and a class of all persons incarcerated at Lompoc now and in the future, bring this action for declaratory and injunctive relief, for enlargement of custody to include home confinement, and ultimately, if they cannot be held in custody constitutionally, for release.")
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Central District of California: Defendants Joint Emergency Motion for Compassionate Release, Dated March 23, 2020 ("The emergency motion is made pursuant to 18 U.S.C. § 3582(c)(1)(A) to modify the Nemans’ term of imprisonment to permit the Nemans to serve the remainder of their custodial sentence in strict home detention in order to protect the Nemans from the spread of the novel coronavirus ('COVID-19'). The motion will be based upon this Notice, the attached Memorandum of Points and Authorities in Support, the Motion for Order Shortening Time, the attached declarations and exhibits, and all other papers on file in this matter and oral argument of counsel at the telephonic hearing.")
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Eastern District of California: March 24, 2020, Waiver Of Personal Appearance And [Proposed] Order To Have Defendant Appear Telephonically From Sacramento County Jail in United States v. Woods ("I, Rahson Woods, hereby request this Honorable Court to proceed as scheduled with my dispositional hearing, currently set for March 31, 2020. Furthermore, in light of the COVID-19 crisis and the resultant General Order 611 (issued March 17, 2020), as well as my current incarceration at the Sacramento County Jail, I request to appear at this hearing telephonically in order to ensure that Court staff and I do not suffer higher risks of exposure to COVID-19 that would necessarily result from my movement within the jail and my transport to and from Court.") (courtesy of the Federal Defenders)
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Eastern District of California: Template for Post-Plea Pre-Sentence Request for Bail Review (courtesy of the Federal Defenders)
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Northern District of California: July 23, 2020, Gen. Order 72-5 re COVID and the Court (“No new jury trial will be conducted through September 30, 2020. Any jury trial currently scheduled to commence before October 1, 2020, will be postponed or vacated.”)
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Northern District of California: Motion to Continue all court appearances until after May 1, 2020, U.S. v. Mail Merge (courtesy of the Federal Defenders)
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District of Colorado: April 10, 2020, Redacted Motion for Recommendation to Bureau of Prisons to Transfer to Home Confinement (Courtesy of Darlene Comstedt)
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Connecticut: April 3, 2020, Complaint and Motion for Temporary Order of Mandamus Brought by the ACLU of Connecticut Representing the Connecticut Criminal Defense Lawyers Association (CCDLA) and People Who Are Incarcerated Seeking Reduction in the Number of People Who Are Incarcerated in Connecticut Department of Correction (DOC) Prisons and Jails ("Joining the ACLU of Connecticut in representing the CCDLA and incarcerated people are lawyers from Yale Law School’s Allard K. Lowenstein International Human Rights Clinic and Jerome N. Frank Legal Services Organization.")
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District of Connecticut: April 27, 2020, Petition For Writ Of Habeas Corpus Pursuant To 28 U.S.C. §2241 And Request For Emergency Order Of Enlargement against FCI Danbury and the BOP. ("Petitioners bring this action against the Warden of FCI Danbury and the Director of the Federal Bureau of Prisons ("BOP") on behalf of themselves and the class of prisoners held at FCI Danbury who are at imminent risk of contracting COVID-19, which feeds on precisely the unsafe, congregate conditions in which they are held. Respondents are aware of the grave dangers posed by COVID-19 and have failed to implement measures to comply with their constitutional obligations to those in their custody. Because of their unlawful and unconstitutional confinement, Petitioners seek emergency orders requiring a two-part response, the immediate transfer of the most medically vulnerable individuals to home confinement or other appropriate settings and immediate implementation for those who remain of the social distancing and hygiene measures essential to lowering the risk of the disease and of death.") ​​(May 12, 2020, Ruling on Motion for Temporary Restraining Order and Motion to Dismiss; "I grant in part the inmates’ motion for a temporary restraining order and issue an order that requires the Warden at FCI Danbury to adopt a process for evaluating inmates with COVID-19 risk factors for home confinement and other forms of release that is both far more accelerated and more clearly focused on the critical issues of inmate and public safety than the current process. Factual disputes as to other issues the inmates raise preclude me from granting further relief at this time, but I also order an expedited period of discovery and schedule a hearing for June 11, 2020, to adjudicate the inmates’ motion for preliminary injunction.")
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District of Columbia: Public Defender Service (PDS) March 26, 2020, Emergency Motion For Order To Show Cause Why Persons Serving Misdemeanor Sentences At The Department Of Corrections Central Detention Facility And Correctional Treatment Facility Should Not Be Released Forthwith In Light Of The Crisis Created By The COVID-19 Pandemic, Exhibits, and Proposed Order. (Courtesy of the DC Public Defender Service)
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Middle District of Florida: March 19, 2020, Emergency Motion and Memo of Law to Reopen Detention Hearing or for Temporary Release, Request for Oral Argument and for an Evidentiary Hearing, Proposed Order in United States v. Ge Songtao (courtesy of Jon May)
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Southern District of Florida: April 5, 2020, Emergency Motion and Memo in Support of Motion for Temporary Restraining Order and Preliminary Injunction and Proposed Order and April 7, 2020, Order Granting in Part Plaintiff's Emergency Motion for a Temporary Restraining Order in Swain v. Junior (Seeking immediate release of the medically vulnerable who are at grave risk of death from COVID-19 and an injunction requiring the jail to provide basic protections like soap, cleaning supplies, safe distancing, and medical treatment) (Courtesy of Civil Rights Corps)
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Southern District of Florida: March 24, 2020, Motion for Release Pending Sentencing; March 27, 2020, Reply Brief in Support of Motion; March 29, 2020, Order Granting Motion, in United States v. Grobman (courtesy of Jacqueline M. Arango)
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Southern District of Florida: Memorandum in Support of Motion to Reduce Sentence Pursuant to 18 U.S.C. §3582(c)(1)(A)(i) in U.S. v. Steinger (courtesy of Nicholas Smith)
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Northern District of Florida: April 1, 2020, Order Granting Compassionate Release to Individual Sentenced to Life Plus Seven Years in United States v. Williams ("Pursuant to 18 U.S.C. § 3582(c)(1)(A)(i), the Court finds that extraordinary and compelling reasons warrant a reduction of Williams’ sentence, that Williams does not poses a danger to any other person or the community under the conditions of release, that the § 3553(a) factors support a reduction, and that the reduction is consistent with the Sentencing Commission’s policy statements.")
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Hawaii: March 26, 2020, Petition by State of Hawaii Public Defender For Extraordinary Writ Pursuant To HRS §§ 602-4, 602-5(5), And 602-5(6) And/Or For Writ Of Mandamus​ ("Petitioner STATE OF HAWAI‘I OFFICE OF THE PUBLIC DEFENDER ('Petitioner'), by and through counsel, hereby petitions this Honorable Court for an Order granting an Extraordinary Writ and/or a Writ of Mandamus, directing Respondents DAVID Y. IGE, Governor, State of HawaiÊ»i, NOLAN P. ESPINDA, Director, State of HawaiÊ»i Department of Public Safety ('PSD'), and EDMUND (FRED) HYUN, Chairperson, Hawai‘i Paroling Authority ('Respondents'), to take immediate steps to significantly reduce the population of its Correctional Centers and Correctional Facilities to prevent the massive loss of life and harm that the spread of COVID-19 would cause in such facilities.")​
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District of Idaho: March 20, 2020, Time Sensitive Supp. Brief in Support of Compassionate Release in United States v. Esparza (courtesy of the Federal Defenders)
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Central District of Illinois: May 15, 2020, Order and Opinion granting Compassionate Release to home confinement in United States v. Brooks
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Central District of Illinois: May 26, 2020, Defendant Nelson Hallahan’s Motion for Compassionate Release ("Motion made pursuant to 18 U.S.C. § 3582(c)(1)(A) to reduce sentence to time served, followed by five years supervised release.”) (Courtesy of Todd Pugh, Jonathan Brayman and Marc Eisenstein)​
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Cook County, Illinois: Successful Emergency Motion for Release on Electronic Home Monitoring Due to Life-Threatening COVID-19 Coronavirus Pandemic (courtesy of Breen & Pugh)
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Cook County, Illinois: March 23, 2020, Expedited Bond Hearing Scheduling Order, Criminal Division (Setting forth eligibility and expedited bond hearing procedures)
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Cook County, Illinois: Emergency Petition For Immediate Release Of Persons Detained In The County Jail Who Do Not Need To Be Confined There​, filed on March 20, 2020, by the Public Defender of Cook County. Included in this document are three exhibits. Exhibit A is a Declaration of Medical Professionals Concerned about the Risk of the Spread of COVID-19 in the Cook County Jail and Illinois Department of Corrections. Exhibit B is the Declaration of Dr. Marc Stern. And Exhibit C is a Chicago Sun-Times editorial about the coronavirus risk at the Cook County Jail. In addition, here is the Brief of Amici Curiae The Roderick and Solange MacArthur Justice Center, The Chicago Community Bond Fund, Illinois Justice Project, and Chicago Appleseed Fund for Justice, through their counsel Riley Safer Holmes & Cancila LLP, and in support of the Petition by the Cook County Public Defender requesting the expeditious release of certain residents of the Cook County Jail, filed on March 20, 2020. (Courtesy of the Public Defender of Cook County)
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Northern District of Illinois: April 2, 2020, Class Action Complaint for declaratory and injunctive relief against the Defendants, Governor of the State of Illinois J.B Pritzker and Illinois Department of Corrections Director Rob Jeffreys ("Without urgent action by the Governor and the Illinois Department of Corrections ('IDOC') to drastically reduce Illinois’s prison population, the novel coronavirus is likely to spread not just inside the walls of Illinois’s 28 prisons, but throughout prison communities as well. Nearly 37,000 people are incarcerated in Illinois, living in close quarters where all aspects of daily life, including healthcare and food service, take place. As with other congregate settings like nursing homes and long-term care facilities, social distancing guidelines can never be fully or effectively implemented in prison. And each day, thousands of staff must come and go from prison facilities, potentially carrying with them the novel coronavirus for days, even weeks, without ever showing symptoms. These settings pose a particular risk of spreading the virus, with catastrophic consequences not just to the prisoners and staff, but also to their communities and the hospitals that serve them.")
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Northern District of Illinois: April 3, 2020, Emergency Motion for a Temporary Restraining Order or Preliminary Injunction in Mays v. Dart ("The Balance of Harms and the Public Interest Favor a Temporary Restraining Order Requiring the Jail to Implement Constitutionally Sufficient Conditions...The Balance of Harms and the Public Interest Favor a Temporary Restraining Order Requiring Transfer of Subclass B Members to a Safe Facility or Other Form of Confinement.") (Courtesy of Civil Rights Corps) April 9, 2020, Memorandum and Order.
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Northern District of Illinois: April 29, 2020, Emergency Motion for Compassionate Release or Recommendation for Immediate Release on Home Confinement, May 1, 2020, Supplement to Motion for Compassionate Release Or Recommendation for Compassionate Release or Recommendation for Immediate Release on Home Confinement, May 1, 2020, Order Granting Motion, in United States v. Beich
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Eastern District of Louisiana: August 20, 2020, COVID -19 General Order 20-10 (“All civil and criminal jury trials are suspended until January 1, 2021 and will be reset by each presiding judge. Those continuances do not continue any pending deadlines other than the trial dates. Attorneys should contact the presiding judges in their continued cases if they seek to modify such other deadlines.")
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Western District of Louisiana: April 6, 2020, Class Action Complaint For Immediate Relief At Oakdale Federal Correctional Institutions (courtesy of the ACLU)
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Massachusetts: March 24, 2020, Emergency Petition to the Massachusetts Supreme Judicial Court for Relief Pursuant to G. L. c. 211, § 3 in Committee for Public Counsel Services and Massachusetts Association of Criminal Defense Lawyers v. Chief Justice of the Trial Court ("This petition seeks extraordinary relief for extraordinary circumstances. To mitigate the mortal harm that the COVID-19 pandemic will inflict upon incarcerated people, on corrections staff, and on all of our communities, this petition asks the Court to exercise its superintendence powers under G. L. c. 211, § 3, to reduce the numbers of people who are now in or who will enter Massachusetts jails, prisons, and houses of correction.")
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Massachusetts: April 3, 2020, Slip Opinion from the Massachusetts Supreme Judicial Court in Committee for Public Counsel Services and Massachusetts Association of Criminal Defense Lawyers v. Chief Justice of the Trial Court (Petition immediately above) ("Conclusion. Due to the crisis engendered by the COVID19 pandemic, pretrial detainees who have not been charged with an excluded offense as set forth in Appendix A are entitled to a rebuttable presumption of release on personal recognizance, and a hearing within two business days of filing a motion for reconsideration of bail and release, in accordance with the procedures set forth in this opinion. The special master shall report weekly to this court, as set forth in this opinion, in order to facilitate any further response necessary as a result of this rapidly-evolving situation.")
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District of Massachusetts: March 17, 2020, Emergency Motion For Immediate Release From Custody Based On Changed Circumstances - COVID-19 in U.S. v. De La Cruz and Affidavit of Counsel in Support (courtesy of Andrew Cowan)
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District of Massachusetts: April 13, 2020, Procedural Order Concerning Appointment Of Counsel And Motions For Early Release Under 18 U.S.C. § 3582(C)(1)(A)​
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District of Massachusetts: April 10, 2020, Emergency Motion For Modification Of Sentence Pursuant To 18 U.S.C § 3582(C)(1), April 10, 2020, Memo in Support, and April 14, 2020 Order in United States v. Macfarlane (Courtesy of Raphe Goldman and Ted Cassman)
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Michigan: June 22, 2020, Decision of the Michigan Supreme Court in People v. Jemison ("The Sixth Amendment of the United States Constitution and Article I, § 20 of the Michigan Constitution guarantee criminal defendants the right to confront the witnesses against them. In this case, we consider whether a forensic analyst’s two-way, interactive video testimony violated the defendant’s Confrontation Clause rights....In allowing this witness’s two-way, interactive video testimony over the defendant’s objection, the trial court violated the defendant’s Confrontation Clause rights. We reverse the judgment of the Court of Appeals and remand to that Court for further proceedings consistent with this opinion, including determining whether that violation was harmless beyond a reasonable doubt.")
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Southern District of Mississippi: Motion for Compassionate Release and Supplemental Authority Regarding Attorney General Barr's April 3, 2020, Memorandum​ (courtesy of Cynthia Orr)
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District of Nevada: April 24, 2020, Order Granting Compassionate Release in United States v. Gorai ("The court finds that defendant’s asthma falls squarely within the ambit of preexisting conditions that the CDC has unambiguously explained place him at greater risk of COVID-19. Defendant’s representations regarding his medical needs establish that he has been unable to self-care while incarcerated. (ECF No. 96 at 11). Medical staff has recommended that defendant use his inhaler more than prescribed. Id. Defendant has not received breathing treatments to clear his lungs, despite repeated requests. Id. Thus, defendant has been unable to self-care in a BOP facility already overburdened by its COVID-19 response. Consequently, the court finds that extraordinary and compelling reasons justify defendant’s release. Defendant’s motion is granted.") (Courtesy of Kathleen Bliss)
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New Jersey: New Jersey Supreme Court July 22, 2020, Plan for Resuming Jury Trials (46-Page PowerPoint, “Chief Justice Stuart Rabner and the New Jersey Supreme Court are committed to providing comprehensive court services, even during the COVID-19 pandemic. To that end, the New Jersey courts are preparing to resume Civil and Criminal jury trials in or around September 2020. We will mail juror summonses in July/August 2020 and empanel juries and start trials in September....")
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New Jersey: March 22, 2020, New Jersey Supreme Court Consent Order in the Matter of the Request to Commute of Suspend County Jail Sentences (Effecting the release of up to 1,000 inmates, according to the ACLU)
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New Mexico: Successful Emergency Motion to Reduce Bond in State v. Herrod, dated March 15, 2020
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New Mexico: Successful Emergency Motion to Reduce Bond in State v. Haywood, dated March 15, 2020
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District of New Mexico: March 19, 2020, Unopposed Motion For Review Of Detention Order And Renewed Motion For Immediate Release in United States v. Montes​ ("Defendant Joseph Montes, through his attorneys, Assistant Federal Public Defenders Imtiaz Hossain and Meghan D. McLoughlin, respectfully requests the Court conduct a de novo hearing to review the Magistrate Judge’s Order of Detention Pending Trial (Doc. 11), pursuant to 18 U.S.C. § 3145(b), and grant Mr. Montes immediate release on conditions of supervision. The Government does not oppose the relief requested in this Motion.")
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New York: June 5, 2020, Decision and Order granting 440.20 motion to vacate sentence and re-sentence to time-served in People of the State of New York v. Horsey (Albany County) (Courtesy of David Gray)
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New York: April 6, 2020, Decision in People of State of New York ex rel. Stoughton v Brann (Judge Dwyer in Supreme Court, NY County) ("Petitioners, 32 inmates at the Rikers Island prison, have demanded release on due process grounds. Each petitioner faces one or more charges in New York County. Many are also incarcerated pending hearings on alleged parole violations. Their complaint concerns the Covid-19 pandemic. Petitioners contend that they are particularly vulnerable to serious injury and death should they contract the disease. And they assert that prisoners at Rikers are dangerously likely to contract it, to the point that continued confinement there violates their due process rights under the federal and state constitutions. The only relief sought is release. The court will grant release, sometimes with conditions, to a fair number of petitioners. This opinion explains why. But this opinion will not do two other things. It will not describe the nature of the Covid-19 pandemic, as it is far too [*2]familiar to New Yorkers already. And it will deal with the circumstances of individual petitioners only briefly, as examples to explain particular points.")
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SDNY: July 14, 2020, Complaint Challenging Court Reopenings, Bronx Defenders, et al. v. Office of Court Administration ("Plaintiffs have at least hundreds of clients and staff members who have medical vulnerabilities that put them at great risk of serious illness or death from COVID-19.[] On the eve of the rushed and unnecessary reopening of courts contemplated by the In-person Order, Plaintiffs’ clients with these disabilities face the tragic and illegal choice between their fundamental right to participate in their own cases and their health and safety. Meanwhile, their attorneys who have these disabilities will be forced to potentially forgo the process currently developed by Plaintiffs to request and receive reasonable accommodations or modifications and instead endanger their lives in order to access to the courts and represent their clients. These untenable choices will endanger the lives of thousands of New Yorkers by perpetuating the spread of this virus and burden the constitutional rights to access the courts and to due process of law. The Americans with Disabilities Act ("ADA") and Section 504 of the Rehabilitation Act of 1973 ("Section 504") forbid Defendants from forcing people with disabilities to make these choices.") (emphasis added)
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SDNY: July 1, 2020, Complaint and Jury Demand by New York State Court Officers Assn. against New York State Office of Court Administration, Quirk v. DiFiore ("As a result of the failure of Defendants to provide PPE to UNION members and properly sterilize work areas within the Court system, UNION members have been, and continue to be, exposed to COVID-19 and have in fact contracted coronavirus and have died as a result of said failure....To date, OCA has failed to provide the COA members with sufficient PPE gear to address health and safety concerns with respect to issues surrounding COVID-19...To date, OCA has failed to properly inspect and establish protocols within New York State Courthouses for continual monitoring and disinfecting of the New York State Courthouses to address health and safety concerns with respect to issues surrounding COVID-19.")
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SDNY: April, 19, 2020, Judge Nathan Opinion and Order granting compassionate release in United States v. Scparta ("For the reasons stated above, the Court GRANTS Mr. Scparta’s motion for compassionate release. The Court therefore RESENTENCES Mr. Scparta to time served plus 36 months of supervised release under the conditions in the original judgment. The mandatory conditions, standard conditions, and special conditions of supervised release from Mr. Scparta’s original sentence are hereby imposed. The Government is ORDERED to release Mr. Scparta from custody immediately. To be clear, the Court will not abide delaying Mr. Scparta’s release for any period of time in the name of a so-called quarantine that only furthers the danger to Mr. Scparta as well as the public health of the community at large. Instead, to protect Mr. Scparta, his family, and the public, the Court will require Mr. Scparta to instead self-isolate for 14 days in his home.")
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SDNY: Judge McMahon's April 2, 2020, Decision and Order Granting, and Order Directing, Compassionate Release in United States v. Resnick (courtesy of JaneAnne Murray)
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SDNY: Judge Torres's April 1, 2020, Compassionate Release Order in United States v. Wilson Perez (Reducing term of imprisonment pursuant to 18 U.S.C. § 3582(c)(1)(A), ordering immediate release to begin two-year term of supervised release, and waiving exhaustion requirement as requiring exhaustion "would be directly contrary to the purpose of identifying and releasing individuals whose circumstances are 'extraordinary and compelling.'")
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SDNY: April 7, 2020, Order by Judge Furman Granting Motion for Bail Pending Adjudication of Section 2255 Motion in United States v. Nkanga ("After more than a week of opposing one motion after another filed by the Defendant, Dr. Nkanga Nkanga, for temporary release in connection with the COVID-19 pandemic, the Government filed a letter earlier this evening consenting to Dr. Nkanga’s latest bail application, this time in connection with a motion to vacate his conviction and sentence pursuant to 28 U.S.C. § 2255 that he filed this morning. See ECF Nos. 115, 118. Dr. Nkanga’s motion for bail pending adjudication of his Section 2255 motion is therefore GRANTED on consent.")
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SDNY: Judge Furman's March 31, 2020, Opinion and Order in U.S. v. Nkanga ("Dr. Nkanga's case is a vivid illustration of why the dangers posed by COVID-19 to the imprisoned population cry out for action by Congress and the Executive Branch. For the most part, judges are limited to granting release in individual cases an approach that is too slow and ad hoc to do much good against the unprecedented dangers posed by COVID-19"; also referencing compassionate release possibility in footnote 4)
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SDNY: March 24, 2020, Motion for Recommendation for Release in United States v. Knox ("William Knox was sentenced by the Court in October, 2019 and still remains at the MCC. He is scheduled to complete his sentence on October 28, 2020. Because Mr. Knox has less than one year left on his sentence, the Bureau of Prisons ("BOP") is mandated to facilitate his reintegration into the community by determining the extent to which he should spend the last year of his sentence in a Residential Reentry Center ("halfway house") or under home confinement, 18 U.S.C. §3624(c)(1).1 As of today, the BOP has refused to make any decision.")(courtesy of Lloyd Epstein)
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SDNY: March 23, 2020, Bail Application and Affidavit in U.S. v. Chandler (incorporates coronavirus information to date and includes affidavit of Jonathan Giftos, M.D.) (courtesy of the Federal Defenders of New York)
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SDNY: March 20, 2020, Compassionate Release Motion to Modify Sentence in U.S. v. Davenport ("Andrew Davenport, by and through counsel, respectfully moves the Court pursuant to 18 U.S.C. § 3582(c)(1)(A) to modify Mr. Davenport’s term of imprisonment to time served and to impose a special condition that Mr. Davenport serve a period of home confinement on supervised release. Such a modification will effectively allow him to finish the remaining portion of his prison sentence on home confinement, which will in turn allow him to protect himself from the spread of the novel coronavirus 2019 ('COVID-19') by sheltering in place at his residence in light of his serious underlying (and pre-existing) health problems, which place him in the COVID-19 high-risk category")
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SDNY: March 17, 2020 letter motion seeking to preclude setting of June 15, 2020, trial date and instead assess situation in an April 27, 2020 telephone conference call and March 18, 2020, order granting requested relief (courtesy of Susan Walsh and Lloyd Epstein)
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SDNY: NACDL Strike Force Letter (3-15-20) in support of stay in U.S. v. Andrews ("In the midst of a jury trial in the Southern District of New York, after the declaration of a national state of emergency and a similar declaration by New York authorities, the government refused to agree to a stay in order to protect the health and safety of all of the people involved in the trial....NACDL’s Lawyers’ Assistance Strike Force was called in by counsel in U.S. v. Andrews and late Sunday, March 15, filed this letter by Joshua L. Dratel strongly supporting the defense motion for a stay in the case. Shortly thereafter, the government dropped its objection to a stay and the judge in the case granted the stay.")
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EDNY: August 26, 2020, United States District Judge Gary R. Brown Memorandum and Order--Bench Trial Authorized Without Government Consent​ (“Before the Court is the defendant’s application to proceed with a bench trial notwithstanding the Government’s objection. DE 93. While the Federal Rules of Criminal Procedure require the Government’s consent, in extraordinary situations, the Court is empowered to conduct a bench trial upon the defendant’s waiver even over the Government’s objection when required by the interests of justice. Upon careful consideration, the Court finds that the unusual, if not unique, circumstances presented by this particular case dictate that a bench trial be held notwithstanding the Government’s objection.")​
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EDNY: May 13, 2020, Class Action Petition Seeking Writ Of Habeas Corpus Pursuant To 28 U.S.C. § 2241 re Queens Detention Facility (GEO Queens), Collier et al. v. Sozio et al. ("The prompt release of proposed Class members who are Vulnerable Persons is necessary to mitigate the serious health risks from COVID-19, and the immediate implementation of ameliorative measures to address testing, health monitoring, quarantine and isolation practices, facility sanitation and hygiene necessities is necessary to protect all members of the proposed Class."), Declaration of Deirdre D. Von Dornum, Declaration of Jonathan Giftos, M.D., Declaration of Marquis Collier, and [Proposed] Temporary Restraining Order.
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EDNY: April 2, 2020, Administrative Order (EDNY Chief Judge requiring the local jails to twice per week provide details on testing, positive cases of inmates and staff, and protocols for testing and mitigation efforts taken by the jail.)
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EDNY: March 27, 2020, Class Action Petition Seeking Writ Of Habeas Corpus Under 28 U.S.C. § 2241 in Chunn v. Edge ("WHEREFORE, Petitioners and the Class members respectfully request that the Court enter a class-wide judgment: A. Ordering immediate release of vulnerable persons, with appropriate precautionary public health measures, including Petitioner Chunn (scheduled to be released on 4/18/2020); Petitioner McBride (scheduled to be released on 4/16/2020); Petitioner Rabadi (scheduled to be released on 7/19/2020); Petitioner Rodriguez (scheduled to be released on 6/9/2020); and all others confined at the MDC who Respondent has identified as medically vulnerable due to underlying health conditions or age (“Vulnerable Persons”)—and therefore at higher risk of developing serious COVID-19 illness; B. Ordering Respondent to mitigate the serious risk of illness, death, and harm from COVID-19 to those who remain confined at the MDC; C. Certifying this Petition as a Class Action; D. Appointing a Special Master on an emergency basis to Chair a Coronavirus Release Committee to evaluate Vulnerable Persons and make recommendations for ameliorative action for other persons at the MDC; and E. Ordering such other and further relief as this Court deems just, proper and equitable.")
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EDNY: Proposed Temporary Restraining Order, Memo of Law in Support, and Exhibits, Dated March 30, 2020, in Chunn v. Edge (Seeking immediate release of petitioners -- detainees at the Metropolitan Detention Center (MDC) and those similarly situated -- in detention at the MDC "to serve the remainder of their sentences in home confinement under such conditions as the Court deems appropriate, and appointing a Special Master to chair a Coronavirus Release and Mitigation Committee.")
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Middle District of North Carolina: Emergency Motion for Immediate Release in U.S. v. Graves (detained individual awaiting revocation hearing) and Proposed Order and April 1, 2020, Order Granting Immediate Release​​ (courtesy of Daniel D. Adams)
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North Carolina: April 8, 2020, NC NAACP, et al., Emergency Petition for Writ of Mandamus v. Governor Cooper and Sec'y of the Dep't of Public Safety Hooks in the Supreme Court of North Carolina ("In the face of widespread and avoidable loss of life, Petitioners ask this Court for a writ of mandamus, or in the alternative, an order issued pursuant to its habeas powers or inherent authority, requiring Respondents to exercise their statutory authority to: (1) release statutorily eligible people from prison, particularly the elderly and medically vulnerable; (2) halt efforts to revoke parole, post-supervision release, and probation for all but the most serious violations; and (3) take concrete action to comply with Centers for Disease Control (“CDC”) guidelines to protect those who remain behind bars.")
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Ohio: Emergency Application For Categorical Reprieve For The Preservation Of Public Health And Civil Rights During The COVID-19 Pandemic​ (To Ohio Governor Dewine and the Ohio Adult Parole Authority)​
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District of Oregon: February 2, 2021, Opinion and Order requiring state to prioritize distribution of COVID-19 vaccine to incarcerated individuals in Oregon state facilities (“For the reasons stated, the Court GRANTS Plaintiffs’ motion for provisional class certification (ECF No. 154), GRANTS Plaintiffs’ motion for a preliminary injunction (ECF No. 156), and ORDERS that Defendants shall offer all AICs housed in ODOC facilities, who have not been offered a COVID-19 vaccine, a COVID-19 vaccine as if they had been included in Phase 1A, Group 2, of Oregon’s Vaccination Plan.”)
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District of Oregon: April 6, 2020, Section 1983 Class Action Complaint ("Plaintiffs are entitled to injunctive relief requiring that Defendants provide adequate COVID-19 prevention, testing, and care[,]" including reduction of the number of prisoners.)
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Pennsylvania: Defendant’s August 24, 2020, Motion In Limine Objecting to COVID-19 Trial Procedures in Pennsylvania v. Washington (Court of Common Pleas of Lehigh County, Pennsylvania, Criminal Division) (“WHEREFORE, defendant requests the Court to provide him with a fair trial procedure that does not interfere with his right to a public trial, effective counsel, an impartial jury from a fair cross-section of the community, and a trial wherein the jurors are seated together in full view of the evidence, attorneys and witnesses; or in the alternative, stay his trial until such time as the pandemic has abated sufficiently to allow a trial comporting with longstanding constitutional requirements.") (Courtesy of Carol A. Marciano)
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Pennsylvania: ACLU of Pennsylvania and Public Defender Association of Pennsylvania King's Bench Petition On County Jails During COVID-19, Dated March 30, 2020 ("The ACLU of Pennsylvania on behalf of the Pennsylvania Prison Society filed an emergency request asking the state Supreme Court to use its 'King’s Bench' power to protect public health by ordering county common pleas courts to release some people from county jails, including those who are at high risk of serious illness or death if infected by COVID-19 and those who are held pretrial or on short sentences for minor offenses. The petition argues that drastically reducing jail populations to allow jails the space to follow CDC-recommended safe social distancing and hygiene practices is the only way to prevent widespread contagion, which will inevitably infect people who are incarcerated, jail staff, and the surrounding communities. The emergency request asks the Supreme Court to order every Court of Common Pleas president judge to limit new jail admissions to the most serious offenses and order the presumptive release of everyone already held on cash bail or for technical and minor-offense probation violations; in a work release program; who are medically vulnerable because they are older or have certain serious health conditions; or who are within three months of completing their minimum sentence.")​
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Pennsylvania: Successful Emergency Motion for Reinstatement of Bail (Redacted) and Prison Facility Letter (Redacted) (Emergency Motion Subtitle: "87 years old + Many Covid-19 Risk Factors + Covid-19 Infected Institution = Likelihood of Death As Such Requires Immediate Release Where Not a Risk or a Danger") ("(1) it was a defendant sentenced to 10 to 20 years (for a second time) – not a pretrial or county sentenced defendant, (2) based upon the Emergency Motion, the court VACATED the defendant’s sentence (rather than just grant bail as to a sentenced defendant or grant bail pending further decision on the pending post sentencing motions), (3) permitted the defendant to return home and accepted our suggested smartphone home monitoring, only to be later modified to remove electronic home monitoring, and (4) scheduled a status date in September. In addition to the pending post-sentencing motions and emergency motion for bail, a letter was also sent to the institution.") (Courtesy of Theodore Simon)
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Eastern District of Pennsylvania: April 28, 2020, Defendant Lloyd Washington’s Supplemental Motion For Compassionate Release Under 18 U.S.C.§3582(C)(1)(A) and May 14, 2020, Order for Release​ ("Defendant, Lloyd Washington, Jr., has filed a motion pursuant to 18 U.S.C. § 3582(c)(1)(A)(i), seeking a modification of his term of imprisonment to time served based on the current coronavirus pandemic and his high risk of death or serious illness if he contracts COVID-19. This Court is authorized under § 3582(c)(1)(A)(i) to modify a term of imprisonment upon the finding that 'extraordinary and compelling reasons' warrant the reduction.") (Courtesy of Hope C. Lefeber)
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Eastern District of Pennsylvania: March 17, 2020, Motion For Temporary Release Of Nonviolent, No Criminal History, Low-Risk Detainee Based On Changed Circumstances; New COVID-19 Public Health Concerns (courtesy of Danny Cevallos)
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Eastern District of Pennsylvania: March 26, 2020, Letter from BOP to U.S. Attorney's Office for the E.D. Penn. Seeking Delayed Surrender Date, Joint March 30, 2020, Motion and Proposed Order Seeking Same in United States v. Cohen
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Eastern District of Pennsylvania: Senior Judge Anita B. Brody's April 1, 2020, Order and Memorandum Opinion Granting Compassionate Release in United States v. Rodriguez ("Mr. Rodriguez has now served the lion’s share of his sentence. But his sentence did not include incurring a great and unforeseen risk of severe illness or death. For this reason, I will grant Mr. Rodriguez’s motion for a sentence reduction. I will sentence him to time served, six years of supervised release, and a supervised release condition that he must remain in home quarantine for at least 14 days and until further order of the Court.")
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Eastern District of Pennsylvania: April 8, 2020, Decision Waiving 30-day Requirement under Section 3582 in United States v. Jemal ("Taking all of these circumstances into consideration, we will wait four more days – until Sunday, April 12, 2020 – to give the BOP an additional opportunity to act on Defendant’s compassionate relief request, which was sent to the Warden ten days ago. If the BOP has not acted on Defendant’s request by that time, we will proceed to consider Defendant’s Motion, including, preliminarily, his request that we excuse his failure to exhaust based on futility. We encourage Defendant and the Government to supplement their submissions with any additional legal authority that may guide our resolution of the Motion, as well as any further evidence and argument regarding whether exhaustion is futile, whether extraordinary and compelling reasons warrant a sentence modification and, if a sentence modification is warranted, what an appropriate modification might be.")
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Middle District of Pennsylvania: Plan for the Reinstitution of Jury Proceedings, Revised July 27, 2020 ("The plan that follows is the result of an intensive collaboration between the Office of the United States Attorney and Office of the Federal Defender for the Middle District of Pennsylvania. I am incredibly thankful for the substantial, personal commitment of U.S. Attorney David Freed and Federal Defender Heidi Freese, who in consultation with me, as well as other Court personnel, fashioned this creative and comprehensive plan. While it will not be the subject of a standing order, it is my hope that all judicial officers will carefully consider it as an appropriate, innovative, and worthy template for criminal trials. Moreover, its contents are clearly applicable to civil trials as well.")
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Middle District of Pennsylvania: April 3, 2020, Memorandum and Order Granting Motion for Compassionate Release and Reduction of Sentence Under 18 U.S.C. § 3582 (c)(1)(A) in United States v. Foster
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South Carolina: Redacted Motion for Bond Setting in Consideration of COVID-19 Pandemic
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Eastern District of Tennessee: May 18, 2020, Motion to Continue Pretrial Motions Deadline in United States v. Foster ("This motion is not submitted for the purpose of procrastination or unreasonable delay in this matter or some other improper purpose, but rather is made so that counsel may provide the defendant with the effective assistance of counsel to which he is entitled, that the defendant receive zealous representation, and that the defendant, through counsel, is able to adequately review discovery, research potential issues to be raised via motion, and investigate and develop evidence necessary to present a defense to the charged offenses. 18 U.S.C. § 3161(h)(7)(B); Tenn. Sup. Ct. R. 8, Rules of Prof. Conduct; U.S. Const. Amend. VI.") and May 29, 2020, Order Granting Pretrial Motions Deadline in United States v. Foster ("Given the inability of counsel to effectively communicate with Defendant as a result of the pandemic, it is impossible for Defendant and his counsel to determine what motions may need to be filed and to prepare for trial.") (Courtesy of Stephen Ross Johnson)
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Eastern District of Tennessee: May 22, 2020, Motion to Continue Trial Setting and All Corresponding Deadlines, U.S. v. Rondeau ("the defendant respectfully moves that the pretrial motions deadline, trial date, and all corresponding deadlines be extended. This motion is not submitted for the purpose of procrastination or unreasonable delay in this matter or some other improper purpose, but rather is made so that counsel may provide the defendant with the effective assistance of counsel to which he is entitled, that the defendant receive zealous representation, and that the defendant, through counsel, is able to adequately review discovery, research potential issues to be raised via motion, and investigate and develop evidence necessary to present a defense to the charged offenses. 18 U.S.C. § 3161(h)(7)(B); Rules of Prof. Conduct; U.S. Const. Amend. VI.") (Courtesy of Stephen Ross Johnson)
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Eastern District of Tennessee: Application for Order Suspending In-Person Hearings During the Emergency Period of the Coronavirus (COVID-19) Pandemic, Dated March 27, 2020 (brought by Federal Defender Services of the Eastern District of Tennessee and numerous members of the local CJA panel, as listed in Exhibit 1) (courtesy of Stephen Ross Johnson)
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Eastern District of Tennessee: Motion and Supporting Memorandum​ To Release Defendant Pending Trial And For A Hearing Pursuant To 18 U.S.C. § 3142(F) in United States v. Foster, March 17, 2020 (courtesy of Stephen Ross Johnson)
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Texas: June 29, 2020, Supreme Court of Texas Eighteenth Emergency Order the COVID-19 State of Disaster ("Existing grand juries may meet remotely or in-person as long as adequate social distancing and other restrictions and precautions are taken to ensure the health and safety of court staff, parties, attorneys, jurors, and the public. Courts should consider extending the term of a grand jury under Section 24.0125 of the Texas Government Code and reassembling discharged grand juries under Article 19.41 of the Texas Code of Criminal Procedure. A court must not hold a jury proceeding, including jury selection or a jury trial, prior to September 1, except as authorized by this Order.") (emphasis added)
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Texas: Writ Of Habeas Corpus Seeking Temporary Release Of Medically Vulnerable Inmate Serving A Life Sentence To Home Confinment During The Pandemic And Motion To Seal This Writ to the Court of Criminal Appeals of Texas (Courtesy of Cynthia Orr)
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Texas: Submitted Template for Application For Writ Of Habeas Corpus For Defendant To Be Released On Personal Bond Pending Trial (courtesy of Susan Criss)
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Southern District of Texas: March 27, 2020, Motion And Memorandum In Support Of Motion For Temporary Restraining Order And Preliminary Injunction (Courtesy of Civil Rights Corps)
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Eastern District of Virginia: June 30, 2020, General Order Regarding Resumption of Jury Trials ("...the Court’s decision to extend the date for resumption of criminal jury trials to September 14, 2020, reflects feedback the Court received from the defense bar, to include concerns raised by defendants that jurors need to have a lengthy period (within reason) to become comfortable with the idea of sitting in an enclosed courtroom, with a group of strangers, for the entire day. The Court’s CJA Panel Attorney District Representative communicated with the Court on how, and when, to safely resume jury trials in this District and provided the Court with a copy of a June 2020 report issued by the National Association of Criminal Defense Lawyers (NACDL Report), with the report discussing the 'unprecedented public health risks caused by the COVID-19 pandemic' and the 'enormous challenges for court operations especially in criminal matters where liberty, and in some venues, life are at stake.' NACDL Report, at 2.[8] The NACDL Report discusses the inherent conflicts that arise when endeavoring to preserve all of an accused defendant’s rights and recommends that best practices for resuming trials 'need to prioritize evidence-based health and safety measures and the preservation of fundamental rights over the ministerial needs of docket management.' Id. at 7. The NACDL Report therefore finds that 'Courts must recognize the criminal accused’s right to speedy trial might be subjugated based on the current state of affairs including lack of a vaccine, substantial rates of infection and mortality, and economic hardship.'[9] Id. While this Court does not individually opine on the various conclusions provided in the NACDL Report, the Report provides very useful context from the perspective of the individuals whose role in the trial process is most directly centered on protecting the rights of accused defendants, including their right to a speedy trial....Having considered the NACDL Report, the AO’s Jury Subgroup Report, and input from local stakeholders and local health officials, the Court concludes that conditions specific to this District do not warrant the resumption of jury trials in July or August, months during which numerous additional steps will be taken to prepare for the resumption of trials in early September.")
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Eastern District of Virginia: May 1, 2020, Grant of Emergency Motion for Compassionate Release and Waiving Exhaustion Requirement in United States v. Chatelain (finding exhaustion futile and therefore not necessary because of BOP’s cursory handling of defendant’s administrative request. The opinion also has discussion of reasons warranting compassionate release.)
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Eastern District of Virginia: March 23, 2020, Administrative Order Regarding Computation Of Time Under The Speedy Trial Act, 18 U.S.C. § 3161
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Eastern District of Virginia: March 20, 2020, Motion to Allow Defendant to Attend Sentencing by Video or Teleconference in United States v. Kennedy (courtesy of the Federal Defenders)
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Eastern District of Virginia: March 16, 2020, Memorandum Opinion in U.S. v. Redd (while not expressly concerning COVID-19, judge finds discretion under the First Step Act to essentially create new categories of "extraordinary and compelling reasons" under §3582)
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Western District of Washington: March 13, 2020, Supplemental Authority in Support of Defendant’s Motion for Compassionate Release Pursuant to 18 U.S.C. § 3582(c)(1) in U.S. v. Cosgrove (courtesy of the Federal Defenders)
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Southern District of West Virginia: Defendant's March 13, 2020, Motion for Reconsideration for Release on Bond in U.S. v. Canty (courtesy of David R. Bungard)
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Wisconsin: March 19, 2020, Letter Motion from the Wisconsin Association of Criminal Defense Lawyers (WACDL) to the Wisconsin Supreme Court Seeking Uniform Procedures During COVID-19 Pandemic and March 22, 2020, Order by the Wisconsin Supreme Court Concerning Jury Trials During the COVID-19 Pandemic (courtesy of WACDL)
Attempts to Shut Down Lawyers
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On March 19, 2020, Governor Tom Wolf of Pennsylvania issued a Proclamation ordering the closure of "non-life sustaining" businesses, with enforcement effective at 12:01 a.m. on March 21. Governor Wolf's Proclamation was accompanied by a list of life sustaining businesses that may remain open​. According to that list, legal services were deemed by the Governor to not be a "life sustaining" business and, thus, subject to the closure order. NACDL Past President and Philadelphia Attorney Theodore "Ted" Simon on March 19, 2020, undertook to write a letter to Governor Wolf to explain that the services of criminal defense lawyers are constitutionally-mandated Services under the U.S. and Pennsylvania Constitutions and must not be subject to his closure order. Simon attached to his letter the March 18, 2020, Pennsylvania Supreme Court Order deeming various criminal defense lawyer functions as essential. Additionally, Simon also spoke with and provided his letter to the Administrative Office of Pennsylvania Courts (AOPC). After Ted Simon's letter was delivered, on March 20, 2020, the AOPC issued guidance clarifying that "restricted access to law offices and facilities by legal professionals, staff, and clients is permitted to the degree necessary to allow attorneys to participate in court functions deemed essential by a President Judge per the Supreme Court’s order of March 18, 2020, so long as social distancing and other mitigation measures are employed for the protection of lawyers, staff, and clients. Pursuant to the governor’s order, all other business must be conducted remotely; necessary retrieval of files or other materials should be accomplished expeditiously." That guidance was approved by Pennsylvania's Office of General Counsel. Not content, Simon asked for further guidance from the AOPC to include federal representation in the various federal courts. Thereafter, the AOPC issued the following, providing that the closure applied "Except as required to allow attorneys to participate in court functions deemed essential by a president judge per the Pennsylvania Supreme Court's order of March 18, 2020, or similar federal court directive, and lawyers may access their offices to effectuate such functions and directives."
Public Defense Compensation (CJA)
- Eastern District of Virginia: General Order No. 2020-05 Concerning Interim CJA Vouchers, dated March 20, 2020.
Legal Press Offering Guidance
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This section is in addition to the "News of Interest" coronavirus news feed section below and is intended to draw particular attention to certain content published in the legal press.
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Bloomberg Law, March 30, 2020: INSIGHT: Protecting Prisoners in Pandemics Is a Constitutional Must ("Judith Resnik, Arthur Liman Professor of Law at Yale Law School, says putting constitutional obligations into practice for the prison population—for Covid-19 and other diseases—is daunting. Yet there are ways to lower the risks, and we have guideposts.")
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Law360, May 6, 2020: Problems With Tolling The Speedy Trial Act During Pandemic (By Abbe David Lowell, Christopher Man, Lisa Chan, and Leah Romm, "Among so many other things to address, the coronavirus pandemic has caused law enforcement agencies and courts to reschedule everything from grand jury presentations to arraignments to motions, trials and sentencing. The immediate question these delays raise is the impact of constitutional, statutory and rule-based deadlines. Two of the most important of these are Speedy Trial Act requirements and statutes of limitations. This article discusses federal courts' tolling of the time limits under the Speedy Trial Act and analyzes the validity and duration of those orders.")
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Law360, May 7, 2020: Problems With Federal Courts Tolling Statutes Of Limitations (By Abbe David Lowell, Christopher Man, Lisa Chan, and Leah Romm, "The article below addresses certain federal courts' purported efforts to toll the statutes of limitations and the likely invalidity of those judicial orders.")
Joint advocacy letters & Platforms
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Coalition Letter to Congressional Leadership on Elderly Home Detention in COVID-19 Aid (March 2020) ("Coalition letter to Senate and House leadership regarding the technical fix to properly expand the Elderly Home Detention Pilot Program under the First Step Act (S. 3035, 2020), for inclusion in a relief package responding to the coronavirus pandemic.")
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Recommendations to Congress to Protect Incarcerated People During the COVID-19 Pandemic (March 2020) ("Recommendations for Congress compiled by members of the Justice Roundtable for inclusion in legislation addressing COVID-19 conditions around the country, particularly in U.S. detention facilities for individuals incarcerated and working with that population.")
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Humane Outbreak Response: Humanity Not Cages: Demanding a Just and Humane Response to Outbreak ("This platform addresses our demands of how public and private actors within the criminal legal system should respond to the inevitable COVID-19 outbreak in prisons, jails, courthouses and immigrant detention centers throughout the United States. These recommendations were crafted in part by the work activists, legal experts, and directly impacted people over the course of some years. We hope that this framework can act as a guideline for activists, advocates and electeds who wish to fight for massive reduction in this nation’s incarcerated population, while also looking towards strategic, timely and humane response to alleviate the impact COVID-19 will have on incarcerated people.")
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Coalition Letters Dated March 23, 2020, to the National Governors Association, the U.S. Conference of Mayors, and the National Sheriffs' Association ("The Leadership Conference on Civil and Human Rights and over 150 other groups called upon the National Governors Association (NGA), U.S. Conference of Mayors (USCM), and the National Sheriff’s Association (NSA) to act immediately to help stem the tide of Covid-19. In letters sent to the three organizations, the groups urge them to use their authority to reasonably release people from prisons and jails to protect the lives of the more than 2.2 million people nationwide who are currently incarcerated, including more than 600,000 individuals in local jails. The groups also offer guidelines designed to keep incarcerated individuals, correctional officers, and their communities as safe, healthy, and virus-free as possible during this time of national and global crisis[.]")
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Call for a Nationwide Moratorium of Juvenile Fines and Fees (April 2020) ("We call on state and local officials to reduce harm to youth and families by suspending the assessment and collection of all juvenile system fees and fines for at least the duration of this public health and economic crisis, including the following general policy recommendations and specific action steps for decision-makers.")
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Joint Defender Coalition Letter to New York Governor Andrew Cuomo (April 3, 2020) ("We write to provide a blueprint for a structured release program that will not compromise public safety, and to offer the pro bono assistance of our extensive network of law firm partners and public defenders who stand ready to provide legal and logistical assistance to implement a program that you approve. It would be our privilege to work side-by-side with you to help save the lives of incarcerated individuals, correction officers and the family members of correction officers across the state.")
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Free to Drive Letter to the American Association of Motor Vehicle Administrators Regarding COVID-19 and Driver’s License Suspensions (April 6, 2020) ("The undersigned members of the Free to Drive coalition urge the American Association of Motor Vehicle Administrators to ask its U.S.-based member agencies to immediately stop suspending, and refusing to renew, driver’s licenses for reasons other than unsafe driving, and to reinstate licenses currently suspended for reasons other than unsafe driving, for at least the duration of the public health and economic crisis wrought by COVID-19.")
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Congress Must Act Now to Remove Barriers Based on Arrest or Conviction History for Small Business Owners Seeking COVID-19 Federal Relief (April 10, 2020) ("We oppose the restrictions based on arrest or conviction placed by the Small Business Administration (SBA) on the two small business programs authorized and funded by the CARES Act .... these restrictions will have a significant and detrimental impact on individuals, families, and communities across the United States. The restrictions will have a particularly harsh effect on minority business owners and employees who are disproportionately affected by the criminal legal system as a result of institutional discrimination.")
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Coalition Letter to U.S. House and Senate Judiciary Committee Leadership Concerning the Criminalization and COVID-19 (April 10, 2020) ("We, the undersigned organizations, are dedicated to the health, safety, and dignity of Black, Indigenous and People of Color (BIPOC), people living with HIV, people involved in the sex trade, substance users, people who access harm reduction services, migrant populations, lesbian, gay, bisexual, transgender and queer (LGBTQ) people, disabled people, and no- and low-income people. We write today to urge local, state and federal authorities to refrain from using laws punitively in response to the novel coronavirus (COVID-19) pandemic. Such laws and their enforcement invariably and incommensurately target and harm our communities. Federal, state and local officials have called for new guidance in response to COVID-19 and increasingly harsh enforcement of public health guidance. However, communities already heavily surveilled, policed, and criminalized will likely bear the brunt of COVID-19 related surveillance, policing, criminal charges and/or penalty enhancements. A response rooted in policing and criminalization not only undermines public health and human rights, but jeopardizes the long-term survival of our communities.")
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Letter to U.S. Attorney General Barr: Expand the BOP’s Response to COVID-19 and Help States Safely Reduce their Prison Populations (April 16, 2020) ("A coalition letter from the criminal justice community to Attorney General Barr calling for the immediate expansion of the Bureau of Prison’s response to the spread of coronavirus inside of prisons across the country”)
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Letter to BOP Director Michael Carvajal Concerning Demographic Information in the BOP's Daily Reporting (April 21, 2020) ("The 68 undersigned organizations are writing to urge the Federal Bureau of Prisons (BOP) to include certain demographic information in its daily reporting of COVID-19 cases within federal facilities. When publicly reporting each day, BOP should include the age, race, ethnicity, religion, gender, gender identity, sexual orientation, and disability for incarcerated persons and staff who have contracted, recovered from, and died from COVID-19. BOP should also include this same demographic information in its reporting of people released to home confinement. Additionally, BOP should be reporting the number of people released through compassionate release with demographic information.")
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Coalition Letter to Congress on Supporting Those Incarcerated in Next COVID-19 Response (May 5, 2020) ("Coalition letter to Congressional leadership regarding supporting the needs of the incarcerated community in the next anticipated federal response package to the COVID-19 pandemic.")
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Coalition Letter to House Judiciary on Funding Public Defense Services During COVID-19 (May 7, 2020) ("Coalition letter to the House Judiciary Committee regarding the need for more funding for public defense services, made even more critical by the COVID-19 pandemic.")
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New Yorkers United for Justice Coalition Letter to New York Governor Cuomo and Department of Corrections and Community Supervision Commissioner Annucci Regarding Testing in New York Prisons (May 8, 2020) ("Keeping incarcerated people and corrections professionals safe requires, at a minimum, testing that accurately reflects the spread of the virus inside prisons and transparency about who is infected and where outbreaks are occurring. DOCCS data suggest that testing rates in New York’s prisons are too low and need to be increased.")
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Joint Letter to the Small Business Administration Regarding the Interim Final Rule for the Paycheck Protection Program (PPP) and the Business Loan Program (May 15, 2020) ("Recommendations to the Small Business Administration regarding their recently released Interim Final Rule for the Paycheck Protection Program (PPP) and the Business Loan Program, urging the SBA to reconsider those provisions of the Rule that discriminate against individuals who have a record of arrest or conviction.”)
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Joint letter to the Senate to adopt provisions of the HEROES Act (May 20, 2020) ("Joint letter calling for the immediate relief for American families with youth in the juvenile legal system by adopting the provisions of the HEROES Act (H.R. 6800).")
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Joint Statement: Proposed Public Health and Public Safety Pathways for Criminal Justice System Responses to COVID-19 (May 27, 2020) (“Incarceration carries inherent, increased risks to the health of people who are incarcerated and corrections staff that can frustrate management of the COVID-19 pandemic. COVID-19 is having a significant impact on every aspect of the criminal justice system, and it is impossible to overstate the level of fear that people in custody and their families feel in view of their isolation and sense of invisibility and the unprecedented risk to their health. In response, corrections officials across the U.S. are releasing people based on a variety of criteria. From the perspective of law enforcement and criminal justice, correctional health, public health, and infectious disease professionals and advocates, it is important to consider lessons learned from these recent efforts as well as past measures to manage dangerous conditions within correctional facilities. The principles below represent pathways for institutionalizing approaches that maintain high levels of health and safety during this unprecedented public health crisis and beyond.") (Read the joint news release here.)
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Joint Statement: COVID-19 Vaccine Distribution and the American Criminal Legal and Detention Systems (December 3, 2020) ("As policymakers develop COVID-19 vaccine distribution plans, the National Association of Criminal Defense Lawyers (NACDL), the Association of Prosecuting Attorneys (APA), and the Center for HIV Law & Policy (CHLP), recognizing the essential nature of the criminal legal system to society, call for all actors within that system, including all individuals living and working in the nation’s jails, prisons, and other detention facilities, to be prioritized in the COVID-19 vaccination process.") (Read the joint news release here.)
Government Assistance for Small Businesses
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Department of the Treasury: Assistance for Small Businesses ("The Paycheck Protection Program prioritizes millions of Americans employed by small businesses by authorizing up to $349 billion toward job retention and certain other expenses. Small businesses and eligible nonprofit organizations, Veterans organizations, and Tribal businesses described in the Small Business Act, as well as individuals who are self-employed or are independent contractors, are eligible if they also meet program size standards.")
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U.S. Small Business Administration: Coronavirus (COVID-19): Small Business Guidance & Loan Resources ("Relief Options and Additional Resources")
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May 13, 2020, Small Business Administration Paycheck Protection Program, Frequently Asked Questions (FAQs) ("46. Question: How will SBA review borrowers’ required good-faith certification concerning the necessity of their loan request? Answer: When submitting a PPP application, all borrowers must certify in good faith that '[c]urrent economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.' SBA, in consultation with the Department of the Treasury, has determined that the following safe harbor will apply to SBA’s review of PPP loans with respect to this issue: Any borrower that, together with its affiliates,[] received PPP loans with an original principal amount of less than $2 million will be deemed to have made the required certification concerning the necessity of the loan request in good faith....")
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U.S. Chamber of Commerce: Responding to Coronavirus ("The latest resources, guidance and insights to protect American businesses, workers and families.")
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Dixon Hughes Goodman LLP (Public Accounting Firm): COVID-19 Resources ("We understand that COVID-19 and pandemic preparedness is currently top of mind. DHG is dedicated to the health and safety of its employees, clients and communities in which we serve. In response to the COVID-19 outbreak, we have created an internal pandemic response team reporting to the highest levels within DHG, and we are closely monitoring international, national and local conditions. We will continue to provide guidance as our economic environment changes.")
Additional Resources for the Criminal Justice Community
American Bar Association
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March 27, 2020, Webinar: New Jersey COVID-19 Jail Release Agreement ("On Sunday, March 22, 2020, the Chief Justice of the New Jersey Supreme Court entered an Order providing for the commutation or suspension of many county jail sentences. The Order, which was expected to result in the release of 1000 people, was entered upon agreement by the Attorney General, the County Prosecutors Association, the Public Defender and the ACLU. This webinar will feature many of the key players to discuss the actual terms of the Order, how they came to agreement and how this agreement might serve as a model for decreasing jail populations to limit the spread of COVID-19 in other states.")
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April 1, 2020, Webinar: Expanding Pretrial Release in the Age of COVID-19 ("For years, criminal justice reform efforts have focused on reducing pretrial detention, particularly detention resulting from an inability to pay cash bail. While many jurisdictions have reduced or eliminated the use of cash bail, particularly for low-level offenses, more than 700,000 people across the country are still detained without having been found guilty of any crime. As COVID-19 has closed or limited courts and postponed jury trials, pretrial detention has become less definite in length. At the same time, concern about the potential spread of COVID-19 in jails has pushed justice system actors to search for ways to reduce jail populations. This webinar will explore several efforts to seek expanded release for those detained pretrial in response to COVID-19.")
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April 3, 2020, Webinar: COVID-19 and the Compassionate Release of the Elderly, Infirm or High Risk ("As concerns increase about the spread of COVID-19 in jails and prisons, special attention should be given to those most vulnerable to severe cases, particularly the elderly and infirm. While almost every state has judicial or administrative mechanisms for releasing such prisoners early, release under these programs is rarely achieved. With the new threat of COVID-19, the release of prisoners at serious health risk is getting a closer look. Our panelists will discuss litigation, legislative and administrative efforts to secure compassionate release in response to COVID-19.")
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April, 7, 2020, Webinar: Reentry Planning for COVID-19 Releases ("Across the country, advocates are seeking and obtaining the releases of some individuals from jails and prisons to reduce the incarcerated population and combat the spread and harm from COVID-19. The speed of these releases raises concerns about whether these individuals are prepared, particularly given the COVID-related restrictions that exist in most jurisdictions. What health screening do they receive before leaving? Will they have access to transportation, food, and housing? Should they be required to self-quarantine and how do you prepare them to do this immediately following release? This webinar will address how to make sure that those released are prepared and will have access to means to meet their basic needs during the COVID-19 crisis.")
ACLU
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Can We Trust the Government to Respond to the Coronavirus in a Fair and Effective Manner? ("The ACLU will be watching closely to make sure the government's response is ​scientifically justified and no more intrusive on civil liberties than absolutely necessary.")
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ACLU Demands The Release From Prisons And Jails Of Communities Vulnerable To COVID-19 ("ACLU is additionally calling for the release of people currently In pretrial detention because of cash bail to prevent a public health crisis.")
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June 25, 2020, Joint Prison Policy Initiative and ACLU Report: Failing Grades: States’ Responses to COVID-19 in Jails & Prisons ("In this new 50-state report, the Prison Policy Initiative and the ACLU grade states on the action they have taken to slow the spread of the pandemic in prisons and jails and avert a human tragedy.")
Allconnect.com
- Homelessness and the digital divide: What it means and how to help ("1 in 3 people experiencing homelessness don't use the internet at all — a major barrier to accessing necessary resources.")
AMEND
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English: Information for Residents of Correctional Facilities (“Frequently Asked Questions about the COVID-19 Vaccine”)
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Spanish: Información para residentes de centros correccionales (“Preguntas frecuentes sobre la vacuna contra COVID-19")
American Constitution Society
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COVID-19 Resources ("Commentary, analysis, and other resources from ACS and our network.")
American Diabetes Association
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Dear Detention Center Letter ("The American Diabetes Association, in its position as a global authority on diabetes and author of the Standards of Care for Diabetes, writes to share information that is important for facilities that detain people under criminal or civil law during the COVID-19 pandemic.")
American Immigration Lawyers Association
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Resource Center: 2019 Novel Coronavirus (COVID-19) ("AILA is actively engaging with government agencies to obtain the latest information and guidance on how agencies will operate in response to COVID-19. Updates will be posted below as they become available.”)
AJA (American Jail Association)
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COVID-19 Resources ("The American Jail Association has compiled this list of resources on the coronavirus (COVID-19). We will continue to update this page as more information becomes available. If you have policies or procedures on dealing with this or other infectious diseases that you believe would benefit fellow corrections professionals, please contact AJA for instructions on how to get that information to us to share.")
American University Washington College of Law Criminal Justice Clinic
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Toolkit for Maryland Criminal Defense Attorneys, Civil Rights Organizations, and Others Involved in Litigation Relating to COVID-19 and Maryland Jails and Prisons ("The following toolkit is intended to provide Maryland attorneys, both within and outside the Office of the Public Defender, with information on various litigation strategies that they might use to get individuals released from jail and prison. The memo also discusses strategies for addressing some of the other issues that have arisen due to the COVID-19 pandemic and crisis. We have included summaries of the law, application to this current time, and potential litigation strategies.")
The Appeal
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The Coronavirus Response: Spotlight On State & Local Governments ("This interactive tool tracks developments of the coronavirus response in local and state governments, with a focus on what is being done — and what’s not done — to protect vulnerable populations.")
Association of Prosecuting Attorneys
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Resources During COVID-19 Provided by TCDLA COVID-19 Response Task Force ("Family and safety must come first and if any court jeopardizes your health, TCDLA will stand with you. We have created this page to assist anyone who works in the criminal defense field. We will be updating this page as we receive new information.")
Ballotpedia
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Lawsuits about state actions and policies in response to the coronavirus (COVID-19) pandemic, 2020 ("Ballotpedia is providing comprehensive coverage on how the coronavirus (COVID-19) pandemic is affecting America's political and civic life. Our coverage includes how federal, state, and local governments are responding, and the effects those responses are having on campaigns and elections. These pages are updated daily, Monday-Friday, but our email is always open. We encourage you to share updates from local officials, policymakers, and campaigns in your community at editor@ballotpedia.org.")
Brennan Center for Justice
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Courts’ Responses to the COVID-19 Crisis ("The Brennan Center is compiling the formal policy responses of federal courts, immigration courts, and state courts to the Covid-19 public health crisis.")
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The Coronavirus Crisis and the Criminal Justice System (“The Brennan Center is putting forth recommendations and compiling the formal policy responses from all levels of the criminal justice system to address the Covid-19 public health crisis.")
Brookings Institute
- June 5, 2020 Webinar: Employment after incarceration—Fair chance hiring in the COVID-19 era (“Prisons, jails, and their surrounding communities have become national hotspots for COVID-19 spread. There is an immediate need to address this crisis and prevent further outbreaks by limiting the number of people in pre-trial detention and releasing non-violent offenders and others who pose a low risk to society. Though some states and jurisdictions have begun the process of reducing overcrowding, the lockdown and economic fallout from COVID-19 has made it even harder for those who are released from incarceration to succeed in making a successful transition back into society. A key part of that transition is getting a job, which is the most effective way to reduce recidivism and to give formerly incarcerated people a fair chance at earning a self-sustaining income. However, the pandemic has dramatically limited employment options and poses extreme safety risks for those who find employment in the essential workforce.ir chance hiring in the COVID-19 era")
Calcasieu Parish Public Defenders’ Office
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April 9, 2020, Press Release: Depopulating Jails and the Fierce Urgency of Now (“We are facing a world-wide pandemic that has no precedent in living memory. COVID-19 is ravaging Louisiana with numbers of confirmed cases and deaths increasing at alarming rates, in some cases doubling overnight. Our state has more COVID-19 deaths per capita than anywhere in the country and our hospitals are being overwhelmed with the number of patients being admitted as well as a critical lack of available ICU beds and ventilators. We also incarcerate more people, both pre-trial and post-sentencing, than any state in the nation….We have submitted to the judges and the District Attorney's office approximately 250 people for judicial release consideration; none of them are charged with crimes of violence, sex offenses, or serious domestic violence offenses. Rather, the overwhelming majority of these persons are accused of committing drug offenses and the remainder are charged with other non-violent offenses such as theft and property crimes. They are being held in jail, all too often, because they simply cannot afford to pay a bond company 12% of bond amounts that are, on average, $5,000. In other words, they cannot afford to pay $600 in order to secure their release. In many other cases, people cannot afford to pay the $30 processing fee for a release on recognizance bond. Because these people, presumed innocent, cannot afford a relatively low bond or even a processing fee, they remain in jail where they are at high risk of contracting a virus that has no cure and subjects its victims to an excruciating death….We call on all members of the criminal justice system to acknowledge the fierce urgency of now by abandoning complacency and work with us to effect vigorous and positive action. All of our lives depend on the actions we take during this unprecedented crisis. Tomorrow is today and the clock is ticking.”)
California Attorneys for Criminal Justice
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CACJ COVID-19 Resource Center (Up-to-date Information on California court announcements, sample motions and briefs, as well as relevant reports and guides)
CCLP (Center for Children’s Law and Policy)
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COVID-19 Resources ("We are compiling and updating a list of statements from leading organizations on the need to (1) release as many youth as possible from facilities and (2) limit the use of isolation, and (3) ensure that youth have access to engaging programming, supportive staff, and contact with families via video or phone.")
Center for American Progress
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The Enforcement of COVID-19 Stay-at-Home Orders ("For more information on how various jurisdictions are enforcing stay-at-home orders, see “Tracking Enforcement Measures for Violation of Stay-at-Home Orders.”)
Centers for Disease Control and Prevention
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Coronavirus Disease 2019 (COVID-19): Resources for Correctional and Detention Facilities Before and During an Outbreak
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Coronavirus Disease 2019 (COVID-19): Resources for First Responders and Law Enforcement
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May 6, 2020, Report: COVID-19 in Correctional and Detention Facilities — United States, February–April 2020 ("An estimated 2.1 million U.S. adults are housed within approximately 5,000 correctional and detention facilities† on any given day (1). Many facilities face significant challenges in controlling the spread of highly infectious pathogens such as SARS-CoV-2, the virus that causes coronavirus disease 2019 (COVID-19). Such challenges include crowded dormitories, shared lavatories, limited medical and isolation resources, daily entry and exit of staff members and visitors, continual introduction of newly incarcerated or detained persons, and transport of incarcerated or detained persons in multiperson vehicles for court-related, medical, or security reasons (2,3). During April 22–28, 2020, aggregate data on COVID-19 cases were reported to CDC by 37 of 54 state and territorial health department jurisdictions. Thirty-two (86%) jurisdictions reported at least one laboratory-confirmed case from a total of 420 correctional and detention facilities. Among these facilities, COVID-19 was diagnosed in 4,893 incarcerated or detained persons and 2,778 facility staff members, resulting in 88 deaths in incarcerated or detained persons and 15 deaths among staff members. Prompt identification of COVID-19 cases and consistent application of prevention measures, such as symptom screening and quarantine, are critical to protecting incarcerated and detained persons and staff members.")
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July 22, 2020, Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities ("This document provides interim guidance specific for correctional facilities and detention centers during the outbreak of COVID-19, to ensure continuation of essential public services and protection of the health and safety of incarcerated and detained persons, staff, and visitors. Recommendations may need to be revised as more information becomes available")
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July 24, 2020, Health Equity Considerations & Racial & Ethnic Minority Groups ("Community- and faith-based organizations, employers, healthcare systems and providers, public health agencies, policy makers, and others all have a part in helping to promote fair access to health. To prevent the spread of COVID-19, we must work together to ensure that people have resources to maintain and manage their physical and mental health, including easy access to information, affordable testing, and medical and mental health care. We need programs and practices that fit the communities where racial and minority groups live, learn, work, play, and worship.")
CLASP -- Policy Solutions that Work for Low Income People
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COVID-19 Response Must Include Youth and Adults Impacted by the Criminal Justice System ("Prior to the COVID-19 pandemic, formerly incarcerated individuals were unemployed at a rate of over 27 percent, with the rate disproportionately higher for Black men and Black women at 35.2 and 43.6 percent, respectively. This pre-pandemic unemployment rate of 27 percent, which is nearly five times higher than the rate for the U.S. population, is due to structural barriers such as discrimination, arbitrary licensing bans and more, that preclude formerly incarcerated individuals from working.")
Collateral Consequences Resource Center
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COVID-19: State-by-state resources on how to use the pardon power (“…[N]ewly revised pardon resources [for] advocates and policy makers to support their advocacy and action. While our pardon-related research focuses primarily on how the power is used to restore rights and status to those who are no longer in prison, much of our information about how the pardon process is structured and operates is relevant to how the power might be used (or is already being used) to commute prison sentences during the pandemic.”)
Congressional Research Service Reports
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Coronavirus Disease 2019 (COVID-19) ("This page contains a listing of published research products the Congressional Research Service (CRS) has prepared for Congress related to COVID-19.")
- Report: Federal Prisoners and COVID-19: Background and Authorities to Grant Release
Council on Criminal Justice
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National Commission on COVID-19 and Criminal Justice October 1, 2020, Interim Report ("The National Commission on COVID-19 and Criminal Justice is working quickly to identify the most effective measures to contain the coronavirus and produce an agenda of long-term policy changes to better balance public health and public safety. In this interim report, we present recommendations for response and future readiness to help justice system leaders and involved citizens set priorities as they manage a crisis that remains urgent on many fronts.")
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December 2020 Final Report -- Experience to Action: Reshaping Criminal Justice After COVID-19 ("This report, Experience to Action: Reshaping Criminal Justice After COVID-19, provides criminal justice policymakers and practitioners with a priority agenda to prepare the nation’s criminal justice system for future public health crises.")
Court Statistics Project
Courthouse News Service​
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Courthouse COVID-19 Measures ("Comprehensively tracking changes and responses from Federal and State courts; landing page provides links to information on the federal circuit courts and U.S. Supreme Court, while the bottom rail allows one to choose a state to access links to U.S. District Courts in that state as well as the state court systems changes and responses, where available")
The COVID Prison Project
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The COVID Prison Project tracks data and policy across the country to monitor COVID-19 in correctional facilities ("This site offers analysis and resources to better understand how coronavirus is impacting justice-involved individuals. Currently, all 50 states, Puerto Rico, the Federal Bureau of Prisons, and Immigration and Customs Enforcement (ICE) are reporting some data. Content on this site will focus on data collection and analysis using a public health-oriented framework")
Crime and Justice Institute
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How criminal justice systems are responding to the coronavirus outbreak (“Throughout the country, governors, courts, corrections systems, and law enforcement agencies are implementing new policies to limit the spread of coronavirus in jails and prisons…. This page is intended to serve as a resource to compile information from media reports, official announcements, and other sources about actions taken in response to coronavirus that affect incarcerated populations.”)
#Cut50
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COVID-19 And The United States’ Prison Population ("As we face the rapid expansion of COVID-19 across the United States and beyond, it’s imperative that we take action on behalf of one of our most forgotten populations — the over 2.3 million people who are incarcerated in this country today.")
Department of Justice
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March 26, 2020, Memorandum from U.S. Attorney General Barr to the Director of Bureau of Prisons regarding Prioritization of Home Confinement as Appropriate in Response to COVID-19 Pandemic ("...there are some at-risk inmates who are non-violent and pose minimal likelihood of recidivism and who might be safer serving their sentences in home confinement rather than in BOP facilities. I am issuing this Memorandum to ensure that we utilize home confinement, where appropriate, to protect the health and safety of BOP personnel and the people in our custody")
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April 3, 2020, Memorandum from U.S. Attorney General Barr to the Director of the Bureau of Prisons Regarding Increasing Use of Home Confinement at Institutions Most Affected by COVID-19​ ("As you know, we are experiencing significant levels of infection at several of our facilities, including FCI Oakdale, FCI Danbury, and FCI Elkton. We have to move with dispatch in using home confinement, where appropriate, to move vulnerable inmates out of these institutions. I would like you to give priority to these institutions, and others similarly affected, as you continue to process the remaining inmates who are eligible for home confinement under pre-CARES Act standards. In addition, the CARES Act now authorizes me to expand the cohort of inmates who can be considered for home release upon my finding that emergency conditions are materially affecting the functioning of the Bureau of Prisons. I hereby make that finding and direct that, as detailed below, you give priority in implementing these new standards to the most vulnerable inmates at the most affected facilities, consistent.with the guidance below.") (Analysis Courtesy of Attorney Peter Goldberger: "This April 3, 2020, memo issued pursuant to the CARES Act permits transfer of any and all "vulnerable" federal inmates to home confinement, to be selected by BOP wardens on an institution by institution basis. This eliminates all the restrictions (age and offense-related) that were included in the First Step Act home confinement pilot program expansion, as well as the 6-month/10% limitation of the SRA. It contains none of the many possible limitations alluded to (and emphasized) in Barr's prior, March 26, 2020, memo. It requires 14-day quarantine either prior to transfer or upon arrival at home confinement. It permits but does not require electronic monitoring as a condition of home confinement. It does not categorically exclude any group of inmates, whether by length or nature of sentence, by offense of conviction, or otherwise, although it does require consideration of public safety risk. It directs that inmates at institutions with greatest number of COVID-19 cases (presently, Oakdale LA, Danbury CT and Elkton OH) to be prioritized. As I understand the relevant legal structure, this amounts to a transfer from one "place of imprisonment" to another; it does not reduce or otherwise modify the sentence. As a result, judges and courts will have no direct role in the home confinement process, other than the opportunity to exercise their pre-existing authority to "recommend" a place of imprisonment per 18 USC 3621(b)(4)(B). (Of course, this in no way impairs the court's existing Reduction in Sentence ("compassionate release") authority.) So, one thing defense attorneys can do for clients is to write the sentencing judge asking now for such a recommendation for transfer (do not refer to it as "release") to home confinement. The only other thing counsel can do, I suppose, is to use CorrLinks to encourage suitable clients in federal prison to request consideration for such transfers for themselves. (By "suitable," I would be thinking of inmates who are over 50 and/or ill or debilitated and/or diagnosed with a pulmonary or immune-system condition, including diabetes. More likely to benefit, I suppose, would be those with little or no history of violence, and who have either served more than half the prison term or have less than two years to the gate anyway. But that's just my intuition, not based on experience or policy, as there is none yet.)")
- April 6, 2020, Memorandum from U.S. Attorney General Barr to All Heads of Department Components and All United States Attorneys Regarding Litigating Pre-Trial Detention Issues During the COVID-19 Pandemic ("The mission of the Department of Justice is to enforce our nation's laws and to ensure the safe and fair administration of justice. We have an obligation to maintain public safety and to protect victims and witnesses from threats and retaliation, and we must also safeguard the health and safety of those remanded to our custody. As always, controlling weight should be given to public safety, and under no circumstance should those who present a risk to any person or the community be released. But the current COVID-19 pandemic requires that we also ensure we are giving appropriate weight to the potential risks facing certain individuals from being remanded to federal custody. Each case must be evaluated on its own and, where appropriate, the risks the pandemic presents should be part of your analysis, as elaborated further below.")
End Incarceration ​
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Up-To-Date Prison and Jail Population (Tracking changes to incarcerated populations across the country)
Equal Justice Initiative
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Covid-19’s Impact on People in Prison ("People who are incarcerated are at great risk of sickness and death as a result of the Covid-19 pandemic and more must be done to release people who are imprisoned and are not a threat to public safety or are elderly or infirm. The inability to quarantine or practice social distancing, together with overcrowding, imperils the lives of many people incarcerated in jails and prisons. Nationwide, the known infection rate for Covid-19 in jails and prisons is about 2½ times higher than in the general population, and as of last week, eight of the 10 largest outbreaks in the country have been at correctional facilities.")
EXiT: Executives Transforming Probation & Parole
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Statement from community supervision executives on the importance of using best practices during the COVID-19 crisis ("[T]he undersigned probation and parole executives and associations offer the following guidance and recommendations for elected and appointed officials that comport with best practices and will help reduce the impact of community supervision on the spread of the coronavirus.")
Expert Institute
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The Latest COVID-19 Court Closures and Restrictions ("To keep you abreast of how the courts are handling COVID-19, we’ve compiled a list of all court closures and related restriction announced for federal and state courts across the country. We’ll continue to update this list as additional news is announced.")
Fair and Just Prosecution
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Press Release: Over 400 Former US Attorneys, DOJ Leaders and Attorneys, and Judges Urge President Trump to Release Vulnerable Individuals from Federal Custody to Avoid Deadly Outbreak of COVID-19 (A direct link to this March 27, 2020, letter is available here.)
FAMM (Families Against Mandatory Minimums)
- They Can’t Wait: FAMM’s Response to COVID-19 ("In response to the worldwide COVID-19 pandemic, FAMM is encouraging all people in federal prison who are most vulnerable to immediately apply for early release. FAMM is also encouraging state and local governments to use their authority to release sick and elderly people as quickly as possible.”)
Federal Bureau of Prisons
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COVID-19 Action Plan: Phase Five ("Additional Agency-wide Actions Effective April 1....For a 14-day period, inmates in every institution will be secured in their assigned cells/quarters to decrease the spread of the virus....")
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April 3, 2020, BOP Operations Memo Regarding Home Confinement under the First Step Act
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April 5, 2020, Update on COVID-19 and Home Confinement ("In response to COVID-19, the Bureau of Prisons (BOP) has instituted a comprehensive management approach that includes screening, testing, appropriate treatment, prevention, education, and infection control measures.")
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April 8, 2020, Memorandum from BOP Director Carvajal to the Inmate Population Regarding the COVID-19 Pandemic ("Let me share some information with you and dispel any rumors you may have heard.")
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April 9, 2020, Frequently Asked Questions Regarding Potential Inmate Home Confinement in Response to the COVID-19 Pandemic​ ("Initially, prioritization is being made to review inmates who meet the following criteria...")
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April 21, 2020, Memorandum from BOP Director Carvajal for Inmate Families and Friends re COVID-19 Safeguards ("As Director of the Bureau of Prisons (BOP), it is my responsibility to ensure the safety, security and orderly operation of 122 federal prisons, as well as the safety and security of approximately 36,000 staff and more than 170,000 federal inmates, including those housed in privately managed or community-based facilities. I want to take this opportunity to share with you, the families and friends of someone in our custody, a message about what we are doing to safeguard the health of your loved one during the COVID-19 pandemic.")
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April 22, 2020, BOP Memorandum to Chief Executive Officers re Home Confinement ("...provides addition guidance and direction and rescinds the memorandum dated April 3, 2020.")
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BOP Program Statement: Compassionate Release/Reduction in Sentence: Procedures for Implementation of 18 U.S.C. §§ 3582 and 4205(g), January 17, 2019 ("The Bureau of Prisons processes a request made by another person on behalf of an inmate in the same manner as an inmate’s request. Staff shall refer a request received at the Central Office to the Warden of the institution where the inmate is confined. A request for a RIS is considered 'submitted' for the purposes of 18 USC §3582 (c)(1), when received by the Warden in accordance with this section.")
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BOP Request for Administrative Remedy Forms (original request and appeal)
Federal Public & Community Defenders
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Coronavirus Disease 2019 (COVID-19) Resources ("The Defender Services Office and the Administrative Office of the United States Courts have been closely monitoring the recommendations from the Centers for Disease Control (CDC), other health care entities, and government agencies. This novel coronavirus outbreak could change significantly or drastically in the next few weeks or months. This page contains important resources concerning the new COVID-19. This page is being updated several times daily.")
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April 1, 2020, Letter from Federal Defenders Legislative Committee to U.S. Attorney General William P. Barr ("We write on behalf of the Federal Public and Community defenders. At any given time, Defenders and others appointed under the Criminal Justice Act represent 90 percent of all federal defendants because they cannot afford counsel. On March 19, 2020, we wrote to you to warn that our jails and prisons were in 'grave and imminent danger.' We urged you to take 'immediate and decisive action' to address the impending spread of COVID-19 among incarcerated persons. That same day, the Bureau of Prisons (BOP) confirmed the first presumed-positive COVID-19 cases in the federal prison system. Despite our warnings—and those of Congress, policy groups, and public health and legal experts— the Department of Justice (DOJ) has failed to respond appropriately to this global pandemic.")
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May 11, 2020, Letter from Federal Defenders Legislative Committee to U.S. Senate and House Leadership ("We are grateful for the continued interest in the views of the Federal Public and Community Defenders (“Federal Defenders”) by Congress during the COVID-19 crisis. Federal Defenders and other counsel appointed under the Criminal Justice Act represent 90 percent of all federal defendants. We write because vulnerable individuals in federal detention need your help to protect them from serious illness or death. The following measures would provide badly needed relief: [a] presumption of release under the Bail Reform Act, absent clear and convincing evidence that a person poses a specific threat of violence; [b]roader tools to enable courts to release or transfer—even temporarily—individuals already sentenced, including broader authority to modify existing sentences, grant furloughs, and grant compassionate release; and [o]ngoing, universal testing for all incarcerated individuals and staff, including at private contract facilities.")
Fines and Fees Justice Center
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COVID-19 Crisis: FFJC Policy Recommendations and Reform Tracker (Providing the Center's Policy Recommendations as well as tracking fees and fines reforms by state.)
Fiscalnote
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Fiscalnote Coronavirus Updates & Resource Center (Includes coronavirus-related legislative tracking feature)
Florida Association of Criminal Defense Lawyers (FACDL)
Immigrant Justice Network
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Criminalization During COVID-19 ("...enforcing stay-at-home orders with harsh policing and incarceration actually increases risk of transmission. It is impossible to practice social distancing in an arrest or in jails and prisons. Police stops and arrests involve direct interpersonal contact between officers and the public, at a time when 16% of New York Police Department officers are out sick or quarantined. A night in jail can mean sharing a single cell with 24 other people. For immigrants, the pipeline from arrest to deportation remains active. ICE continues to surveil immigrants who have contact with police, conduct community raids, and detain people at record numbers. There is no way to flatten the curve when people are locked up in cages and don’t even have access to soap or clean water.")
The Journalist’s Resource – A Project of the Harvard Kennedy School’s Shorenstein Center on Media, Politics, and Public Policy
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Covering criminal courts amid COVID-19: 6 tips for journalists ("Criminal justice experts offer journalists six tips for covering changes U.S. courts are making to keep the public safe while criminal cases move forward during the coronavirus crisis.")
Justice Action Network
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Daily Updates on COVID-19 and the Justice System ("Thus far, we have focused this update on positive steps to mitigate the impact of this crisis on vulnerable populations, and we will continue to share information with you about federal, state, local, and individual efforts to ‘flatten the curve.’ Moving forward, we will also bring attention to places where steps are not being taken to protect incarcerated men and women, correctional officers, law enforcement, and the community at large.")
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Task Force Report on Federal Emergency Relief ("Justice Action Network, the country’s largest bipartisan organization focused on criminal justice reform at the state and federal levels, released a report informed by prosecutors, law enforcement, public defenders, corrections officials, judges, and elected officials. Authorities from 15 states outlined the harsh reality of what is happening in America’s justice system and what resources they must have from Washington – before it’s too late.”)
The Justice Collaborative
- COVID-19 (Coronavirus) Response & Resources ("At The Justice Collaborative, we are creating this Response & Resources page to share essential information, proposed policies, and other resources for activists, public officials, and journalists to help them — and all of us — confront this pandemic with a recognition of our shared vulnerability.")
Justice Roundtable
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Justice Roundtable Recommendations For Protecting Incarcerated Youth And Adults During The COVID-19 Pandemic ("Recommendations For Protecting Incarcerated Youth And Adults During The Covid-19 Pandemic")
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April 7, 2020, Justice Roundtable Recommendations For Protecting Incarcerated Youth And Adults During And In The Aftermath Of The COVID-19 Pandemic ("The Justice Roundtable, a national coalition of more than 100 organizations, urges Congress to act on the following recommendations in its fourth COVID-19 response package under development now.")
Law Enforcement Action Partnership (LEAP)
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April 10, 2020, COVID-19 Executive Order Letter: New York ("We wish to request your attention to further opportunities to reduce the spread of COVID-19 by safely reducing the prison population. Transmission between prisoners, officers, and staff would quickly spread outside the facilities to the families of officers and released prisoners, accelerating the pandemic. We have watched governors act on this issue in Colorado, New Jersey, and Kentucky. We are writing to urge you to take executive action to reduce the prison population. We also urge you to guide prison administrators to stop responding to COVID-19 issues in prison through the use of solitary confinement. A sample Executive Order with concrete recommendations is attached.")
The Marshall Project
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Tracking Prisons’ Response to Coronavirus ("As COVID-19 spreads, facilities across the country are suspending visits from family and lawyers. We’re rounding up the closures and other changes.")
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A State-by-State Look at Coronavirus in Prisons (“The Marshall Project is collecting data on COVID-19 infections in state and federal prisons. See how the virus has affected correctional facilities where you live.”)
Mitchell Hamline School of Law Sex Offense Litigation and Resource Center
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COVID-19: Strategies for Reducing Transmission ("In response to the current COVID-19 Pandemic, the Sex Offense Litigation and Policy Resource Center has published a set of guidelines for law enforcement, policy experts, and others with respect to law and policy focused on those with past convictions for sex offenses.")
National Academies of Sciences, Engineering, and Medicine (NASEM)
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Report: Decarcerating Correctional Facilities during COVID-19 Advancing Health, Equity, and Safety (2020) ("The conditions and characteristics of correctional facilities - overcrowded with rapid population turnover, often in old and poorly ventilated structures, a spatially concentrated pattern of releases and admissions in low-income communities of color, and a health care system that is siloed from community public health - accelerates transmission of the novel coronavirus (SARS-CoV-2) responsible for COVID-19. Such conditions increase the risk of coming into contact with the virus for incarcerated people, correctional staff, and their families and communities. Relative to the general public, moreover, incarcerated individuals have a higher prevalence of chronic health conditions such as asthma, hypertension, and cardiovascular disease, making them susceptible to complications should they become infected. Indeed, cumulative COVID-19 case rates among incarcerated people and correctional staff have grown steadily higher than case rates in the general population. Decarcerating Correctional Facilities during COVID-19 offers guidance on efforts to decarcerate, or reduce the incarcerated population, as a response to COIVD-19 pandemic. This report examines best practices for implementing decarceration as a response to the pandemic and the conditions that support safe and successful reentry of those decarcerated.")
National Association for Public Defense
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COVID-19 Resources ("This page is divided into two separate tables, you can jump to either table by clicking on the name: Practice Related Materials - This table is for practice-related materials such as motions, judicial orders, affidavits, etc. Resources and Solutions - This table is for potential solutions to challenges outside of direct legal practice such as remote working tools, mental health/wellness resources, and community interaction.")
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June 18, 2020, NAPD Statement on the Issues With the Use of Virtual Court Technology ("This document is organized in four sections: (1) guiding values; (2) constitutional considerations in virtual court; (3) minimum requirements for the implementation of virtual court; (4) special considerations for public defenders. The first three sections are intended for judges and policymakers as input from the defense bar on the implementation of virtual court. These sections describe standards that at least minimally satisfy due process and fair trial protections for the public defender’s client. The final section is aimed at public defenders who may be grappling with the changes virtual court brings to the practice of law.”)
NAACP Legal Defense and Educational Fund, Inc.
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Legal Defense Fund Working to Mitigate the Impacts of COVID-19 on Black Communities (“Due in large part to a lack of responsiveness by the federal government, our nation is currently being ravaged by an invisible threat–COVID-19, also known as the novel coronavirus. With 9 in 10 Americans impacted by stay-at-home orders, the closures of college campuses and schools, and en masse layoffs, our economy is spiraling toward recession, and Black communities have been some of the most impacted….Just like any other, LDF is not backing down from this fight. Our staff is working diligently to mitigate the unique threats that COVID-19 poses to Black communities. These are just some of the most recent ways that we are working to protect Black communities during the coronavirus pandemic”)
National Center for State Courts
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Pandemic Response ("State courts are responding to the coronavirus to protect the public, while maintaining access to justice")
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Webinar: Lights, Camera, Motion!: Act III Unique Considerations for Remote Video Oral Arguments in Appellate Courts ("State Supreme Courts and Intermediate Appellate Courts face unique challenges when conducting remote video oral arguments. This panel will discuss their experiences including how well their remote video argument worked, preparation issues, and highlight any technical glitches they faced.​")
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Texas Juror Poll (PowerPoint) Conducted June 8-11, 2020 ("Key Finding: Amidst a pandemic, Texans are hesitant to resume regular activities. People are looking for alternatives to reporting to the courthouse. Seniors (age 65+) present the greatest challenge – they are as uncomfortable with going to a courthouse as they are with accessing remote technology. Composition of jury pool likely to present a challenge in either environment.")
National Commission on Correctional Health Care
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COVID-19 (Coronavirus): What You Need to Know in Corrections ("NCCHC is available to serve you during this challenging time. Our experts are here to assist with your COVID-19 questions and concerns.")
National Conference of State Legislatures
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Legislative Sessions and the Coronavirus ("NCSL is tracking the impact the coronavirus (COVID-19) may have on state legislatures, including suspension or postponement of legislative sessions.")
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Justice Responses to COVID-19: NCSL Virtual Meetings ("We know that legislators, staff, and those who work with them need timely information about the impact of COVID-19 on criminal and juvenile justice systems and policy options to meet the challenge. The NCSL criminal justice program is hosting a series of virtual meetings on the most pressing topics to meet your needs. They will feature NCSL staff and other experts on the topic, and will give you the opportunity to ask questions and let us know how we can best serve you during this time. See the full list of upcoming meetings listed below. Consider NCSL your resource for information during these challenging times!")
National Council of Juvenile and Family Court Judges
- COVID-19 Resources and Updates ("The updates and resources collected reflect the most up to date information through various sources. The National Council of Juvenile and Family Court Judges (NCJFCJ) is continuing to update resources on the COVID-19 and will post updated information as it is made available. If you or your jurisdiction has any updated information to share, please contact us.")
National District Attorneys Association
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District Attorney Offices’ Response To Coronavirus (COVID-19) (Providing information on jurisdictions across the nation.)
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COVID-19 Prosecutor and Court Resources ("NDAA and CNA have partnered during the COVID-19 pandemic to arm prosecutors with the most current information, effective best practices, and targeted resources to keep their communities safe and secure.")
National Juvenile Justice Network
- Resources Compiled Regarding COVID-19 and Vulnerable Populations ("Below, we have compiled resources for NJJN members and other youth justice advocates to provide some guidance in working with local governments to protect youth in the system.")
National Law Center on Homelessness and Poverty
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Coronavirus ("Given close quarters, compromised immune systems, and an aging population, people experiencing homelessness are exceptionally vulnerable to communicable diseases not excluding the current outbreak of coronavirus, COVID-19.")
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Housing Not Handcuffs ("Criminalization of homelessness is when law enforcement threatens or punishes homeless people for doing things in public that every person has to do. This can include activities such as sleeping, resting, sheltering oneself, asking for donations, or simply existing in public places. It also includes arbitrarily or unfairly enforcing other laws, such as jaywalking or disorderly conduct against homeless individuals, and the practice of 'sweeps' or displacing homeless people from outdoor public spaces through harassment, threats, and evictions from living in camps.")
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Homelessness During the Pandemic: What to Do and How to Help ("A guide that highlights the increased vulnerability of homelessness for families and children and how to support underprivileged populations during these unprecedented times. The guide includes an inclusive infographic on homelessness in America, local resources and ways the community can help, and state and federal support programs.")
National Legal Aid & Defender Association (NLADA)
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NLADA COVID-19 Updates and Resources​ ("The global coronavirus (COVID-19) pandemic has not only exacerbated existing legal challenges faced by low-income and vulnerable people in the United States, it has also highlighted new issues in many substantive areas. Across the country, advocates in civil legal aid, public defense and affected communities are responding to ensure access to basic human needs and safety. NLADA is coordinating with an array of experts in both the delivery of legal services and access to justice, as well as experts in specific practice areas and leaders in providing civil legal aid and public defense.​")
National Sheriffs’ Association
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Information For Handling COVID-19 In The Jails Setting (Collecting correctional center guidelines)
New England Journal of Medicine
New Mexico Criminal Defense Lawyers Association
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March 23, 2020, Presidents Letter to New Mexico Governor Michelle Lujan Grisham Regarding Prisons, Jails, and COVID-19 (courtesy of Nancy Hollander)
New Mexico Law Offices of the Public Defender
- March 30, 2020, Letter to Governor Michelle Lujan Grisham Urging Adoption of Various Measures in Connection with COVID-19 and New Mexico's Detention Facilities and Inmate Release ​("We ask that you take a comprehensive approach of releasing at-risk prison inmates to prevent their unnecessary deaths, while also drastically reducing inmate populations to at least make it possible for the Secretary and individual wardens to manage the population in a manner that reduces potential exposure and infection. We write with recommendations for swift, decisive actions your office can take to save lives and protect incarcerated people, staff, and the public at large from the threats posed by COVID-19.")
New York City Bar Association
New York State Association of Criminal Defense Lawyers (NYSACDL)
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March 24, 2020, Letter to New York Governor Andrew Cuomo Concerning COVID-19 Effect on Pretrial Detainees (courtesy of NYSACDL)
New Yorkers United for Justice
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March 9, 2020, Statement: Criminal Justice Advocates Call on State to Protect Prison Population as COVID-19 Spreads Statewide
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March 12, 2020, Statement: Amidst COVID-19 Pandemic, New Yorkers United for Justice Calls for Protecting Everyone in the Justice System – Including Incarcerated Individuals
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March 16, 2020, Statement: New Yorkers United for Justice Calls For New York State to Immediately Release a Plan Detailing How to Manage COVID-19 in Correctional Facilities to Protect Incarcerated & Working Populations
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April 3, 2020, Statement: After Governor Cuomo Says Administration Won't Reduce Prison Population Amidst COVID-19, New Yorkers United for Justice Once Again Calls On State To Immediately Detail How To Solve Coronavirus & Incarceration Crisis
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April 3, 2020: Joint Defender Coalition Letter to New York Governor Andrew Cuomo ("We write to provide a blueprint for a structured release program that will not compromise public safety, and to offer the pro bono assistance of our extensive network of law firm partners and public defenders who stand ready to provide legal and logistical assistance to implement a program that you approve. It would be our privilege to work side-by-side with you to help save the lives of incarcerated individuals, correction officers and the family members of correction officers across the state.")
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April 5, 2020, Statement: On ABC’s “This Week With George Stephanopoulos,” New Yorkers United for Justice Senior Advisor Topeka K. Sam Calls COVID-19 Outbreak in NY, National Criminal Justice Systems A Public Health Crisis
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April 6, 2020, Statement: In Wake of Tragic Rikers Island Death, Van Jones and Khalil A. Cumberbatch Call For Protecting Vulnerable Prison Population From COVID-19 Outbreak
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April 10, 2020, Statement: As NJ & PA Governors Announce Emergency Protections For Prison Populations, New York Advocates Redouble Call on Governor Cuomo to Immediately Release a Comprehensive Plan to Protect NY's Criminal Justice System in Midst of Pandemic
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April 22, 2020, Statement: Amidst Rising Death Toll, Advocates Slam New York State and City Leaders for Ineffective and Inhumane COVID-19 Response In Prisons and Jails
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April 27, 2020, Statement: New Yorkers United For Justice Slams Bill Bratton For Exploiting The Coronavirus Pandemic To Score Political Points
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May 8, 2020, Letter: Letter to New York Governor Cuomo and Department of Corrections and Community Supervision Commissioner Annucci Regarding Testing in New York Prisons
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May 11, 2020, Statement: Advocates Call on De Blasio and Local Leaders Across State to Avoid Selective Enforcement on Social-Distancing and Pursue Civic Education Instead of Criminal Prosecution
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May 12, 2020, Statement: Leading Advocacy Organizations Within New Yorkers United For Justice Pen Urgent Letter To Governor Cuomo Demanding Immediate Action Amidst COVID-19 Outbreak In State Jails and Prisons​
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May 17, 2020, Testimony: Testimony of Khalil A. Cumberbatch at New York Legislature Hearing on Disparate Impact of COVID-19 on Minority Communities
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July 15, 2020, Statement: New Yorkers United for Justice Principles for the Criminal Justice System in the time of COVID-19
No Kids In Prison
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Youth Justice Advocates in 22 States Demand Governors and System Leaders Release Incarcerated Youth Amid COVID-19 Pandemic (State campaigns are listed and all letters can be found here.)
NYU School of Law Center on the Administration of Criminal Law
- Using Executive Clemency To Mitigate The Spread Of COVID-19 In Correctional Facilities ("The Center has assembled a working document that catalogues the legal authority to grant reprieves in all fifty states. We encourage anybody with state-specific knowledge to provide feedback, suggestions, or additions regarding the process of granting reprieves in a given jurisdiction by emailing us at prosecutioncenter@nyu.edu.")
Oregon Office of Public Defense Services
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COVID-19 Updates (Resources and information for attorneys and community members, including juvenile specific advocacy tools)
Penal Reform International
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Coronavirus: Healthcare and human rights of people in prison ("PRI briefing note issued on 16 March 2020 on the situation of the outbreak of a novel form of Coronavirus (COVID-19) and prevention measures in prisons and wider impacts of responses to governments on people in criminal justice systems.")
Physicians for Criminal Justice Reform
- March 22, 2020, Statement on Youth In Detention (Statement to State Governors, State and Local Juvenile Detention and Correctional Departments, and Juvenile Court Judges and Magistrates re COVID-19 Risks for Detained and Incarcerated Youth)
Police Brutality Center
- Providing educational information, resources, and support to families affected by excessive or unnecessary force by law enforcement
Pretrial Justice Institute
Prison Fellowship
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COVID-19 Weekly Update (“How Prison Fellowship® Continues Its Mission Amid Prison Closures”)
​Prison Policy Initiative
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Responses to the COVID-19 pandemic ("Public health officials, the CDC, and WHO have explained the importance of social distancing, isolation, and quarantine in order to 'flatten the curve' of the COVID-19, or coronavirus, pandemic. Unfortunately, the fact that local jails and prisons are 'amplifiers of infectious diseases' is often left out of virus planning, so we — and others — have been calling for urgent action.")
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Tracking the statements of Departments of Corrections on the COVID-19 virus ("We provide a spreadsheet showing what each state DOC has chosen to tell the public about its virus response plan.")
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New state-by-state table: how many people in prison are 55 or older ("Our table shows that more than 10% of people incarcerated in state prisons are 55 or older - and in some states, like Montana, the percentage is much higher.")
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June 25, 2020, Joint Prison Policy Initiative and ACLU Report: Failing Grades: States’ Responses to COVID-19 in Jails & Prisons ("In this new 50-state report, the Prison Policy Initiative and the ACLU grade states on the action they have taken to slow the spread of the pandemic in prisons and jails and avert a human tragedy.")
Prisoner Advocacy Network (PAN)
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COVID-19 Resources ("We encourage you to learn more about the resources our community is providing during this time and share them with your networks.")
Reform Alliance
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The Safer Plan: Preventing The Spread Of Communicable Disease In The Criminal Justice System ("In a pandemic, safer jails and prisons will make us all safer.”)
Relentless Health Value
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May 3, 2018, Podcast: Addiction Is a Chronic Illness, With Lipi Roy, MD ("Drug overdoses kill nearly 64,000 people a year and the nation’s life expectancy has fallen 2 years in a row. If it is your mission and purpose to improve patient outcomes, considering addiction is paramount. Today, I speak with Lipi Roy, MD, who is a clinical assistant professor at the NYU School of Medicine, and the former chief of addiction medicine at New York’s Rikers Island Correctional Facility.")
The Sentencing Project
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COVID-19 in Juvenile Facilities ("It is vital to relieve crowding in juvenile facilities in order to limit the spread of COVID-19. The Sentencing Project is tracking COVID-19 positive diagnoses among youth and staff at juvenile facilities and the number of known cases in each state.")
Tennessee Association of Criminal Defense Lawyers (TACDL)
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March 27, 2020, TACDL-endorsed Letter from David Raybin to the Tennessee Board of Parole ("Tennessee statutes provide that the Parole Board has exclusive authority to parole inmates from prison. I am aware the Board has granted parole in numerous cases, but the inmate remains incarcerated because of the unavailability of pre-parole programs mandated by the Board as a condition of release. Considering the increasing danger presented by the COVID-19 virus, I respectfully request the Board accelerate the release of already-paroled prisoners.")
Texas Criminal Defense Lawyers Association (TCDLA)
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Resources During COVID-19 Provided by TCDLA COVID-19 Response Task Force ("Family and safety must come first and if any court jeopardizes your health, TCDLA will stand with you. We have created this page to assist anyone who works in the criminal defense field. We will be updating this page as we receive new information.")
United States Courts
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Judiciary Preparedness for Coronavirus (COVID-19) ("Federal courts are individually coordinating with state and local health officials to obtain local information about the coronavirus (COVID-19), and some have issued orders relating to court business, operating status, and public and employee safety.")
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April 28, 2020, Letter of Request from the Judicial Conference to Leadership of U.S. Senate and House of Representatives Committees on Appropriations and Subcommittees on Financial Services and General Government ("Subsequent to our request for that funding, we worked closely with courts and federal defender organizations nationwide and have identified additional supplemental appropriations requirements associated with COVID-19 pandemic prevention, preparedness, and response. The $36.6 million we are seeking is to address emergent needs such as enhanced cleaning of court facilities, health screening at courthouse entrances, information technology hardware and infrastructure costs associated with expanded telework and videoconferencing, costs associated with probation and pretrial services supervision of offenders released from prison and defendants on pretrial release, and security related costs....Enclosure 2 provides a detailed list of 17 legislative proposals of interest to the federal Judiciary in connection with its ongoing efforts to respond to the COVID-19 national emergency. Each of these proposals has been approved by the Judicial Conference. Draft legislative text is provided for each proposal. The underlying objective behind each proposal is to ensure that the federal Judiciary continues to meet its constitutional mandate while protecting the health and safety of court personnel, litigants, and the public. Of particular note, we have included a number of proposals intended to protect criminal detainees and litigants during the COVID-19 crisis, such as expediting compassionate release procedures under the First Step Act, reducing unnecessary pretrial detention of certain low-risk defendants, and allowing probation officers to focus on higher risk offenders instead of low-risk compassionate release offenders.") (emphasis added)
University of California Berkeley School of Law
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Webinars: Legal Issues in Dealing with COVID-19 (Including webinar on "COVID-19 and Criminal Adjudication")
University of Michigan Law School Civil Rights Litigation Clearinghouse
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COVID-19 (novel coronavirus) ("This page collects cases that address the challenges posed by the COVID-19 pandemic, social distancing, etc. (We're not able to catalog every single-person request for release, but are presenting the cases affecting multiple persons.)")
UCLA Prison Law and Policy Program
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UCLA COVID-19 Behind Bars Data Project ("The UCLA Law COVID-19 Behind Bars Data Project, launched in March 2020, tracks the spread and impact of the novel coronavirus in American carceral facilities and advocates for greater transparency and accountability around the pandemic response of the carceral system. Our team of over 100 staff and volunteer researchers gathers and presents data about COVID-19 in prisons, jails, youth facilities, and immigration detention centers across the United States. We also collect information about pandemic-related prison and jail releases, legal filings and court orders bearing on the safety of incarcerated people, and grassroots organizing campaigns and fundraisers.")
Vera Institute of Justice
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Coronavirus Guidance for the Criminal and Immigration Legal Systems ("Five briefs that provide guidance to government actors on how they should respond to the Coronavirus to keep justice-involved people, system practitioners, and our communities healthy and safe. These factsheets are aimed at: police; prosecutors and the courts; jails, prisons, and secure facilities; probation and parole; and immigration.")
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Use this Data to Hold Your Local Jail Accountable During the Pandemic ("...using a new tool from Vera, you can hold policymakers accountable by monitoring jail populations across the country. The tool presents the most recent jail population data available, as well as the jail population before the crisis. You can see who is taking the steps necessary to downsize jails during this crisis and identify places acting less quickly, where we should concentrate efforts to decarcerate.")
Washington Association of Criminal Defense Lawyers
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WACDL and other organizations request an emergency order from the Washington Supreme Court in response to COVID-19 ("Several Washington courts continue to require court appearances during the ongoing crisis and many inmates in correctional facilities are at a heightened risk of illness.")
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Washington Supreme Court issues uniform closure order for all state courts ("The order, jointly drafted by criminal defense lawyers and prosecutors, was issued the evening of March 18.")
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COVID 19: Resources and Tips for Your Criminal Defense Practice (recorded webinar) ("Free of charge and available to WACDL members only. Online CLE program recorded April 24, 2020.")
Washington Defender Association
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COVID-19 Defender Advocacy Tools (“Advocating for release & other relief during COVID 19 Health Crisis: Tools for Release Including Motions, Briefing and More.”)
Wisconsin State Public Defenders
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On Point Blog: Resources for defenders during the pandemic
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On Point Blog: Mike Tobin guest posts: Video and telephone hearings during the health crisis ("Two main resources are available to assist attorneys in preparing for hearings conducted by video or telephone: Section 885.50-885.64, Wis. Stats, setting forth both authority for and limitations on video court (there are also statutes authorizing telephonic participation in certain hearings). Protecting Quality Representation in Video Court, a publication prepared by Adrienne Moore and former SPD colleagues.")
Zealous: Media Training and Movement Building for Public Defenders
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Public Defender Sample Talking Points: Coronavirus Rapid Response ("This document was prepared based on review on dozens of media articles, quotes, demand letters from various entities, including defender offices, and press releases from around the country and represents what we believe is the most effective messaging for public defenders when talking to traditional media, when posting on social media, when writing press releases, or when developing other content. The messaging is meant to be able to respond to the urgent crisis at hand, while contextualizing the crisis and needed response within the cruelty and irrationality of the system we already knew, as well as the need for bold transformation of the legal system after the coronavirus hopefully passes to move away from a punishment system and greater investment in public health.")
International Resources
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Statement from the UNHCHR ("Now, more than ever, governments should release every person detained without sufficient legal basis, including political prisoners and others detained simply for expressing critical or dissenting views. Under international human rights law, States have an obligation to take steps to prevent foreseeable threats to public health and have a duty to ensure that all who need vital medical care can receive it.")
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Statement from the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) ("Whilst acknowledging the clear imperative to take firm action to combat COVID-19, the CPT must remind all actors of the absolute nature of the prohibition of torture and inhuman or degrading treatment. Protective measures must never result in inhuman or degrading treatment of persons deprived of their liberty. In the CPT’s view, the following principles should be applied by all relevant authorities responsible for persons deprived of their liberty within the Council of Europe area.")
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Inter-Agency Standing Committee's Interim Guidance on COVID-19, developed by OHCHR and WHO ("Maintaining health in detention centres is in the interest of the persons deprived of their liberty as well as of the staff of the facility and the community. The state has the obligation, according to international human rights law , to ensure the health care of people in places of detention. If the risks related to the virus in places of detention are not addressed, the outbreak can also widen spread to the general public.")
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Advice from the Subcommittee on the Prevention of Torture (SPT) to the UK's National Preventive Mechanism regarding compulsory quarantine for Coronavirus ("The SPT recognises that whilst quarantine is imposed for the public benefit it must not result in the ill-treatment of those detained. The role of the NPM is to ensure that all fundamental safeguards are respected, including the right to be informed about the reason for being placed in quarantine, to have a third party notified, to have access to independent legal advice and to be seen by a doctor of one’s own choice.")
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Briefing note from Penal Reform International on healthcare and human rights of people in prisons impacted by the coronavirus ("Any coronavirus outbreak in prisons should - in principle - not take prison management by surprise, as contingency plans for the management of outbreaks of communicable diseases should be in place. This is an essential part of the obligation of the state to ensure the health care of people in prison required by international human rights law.")
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Relevant language in decisions adopted by the Committee against Torture and other Cruel, Inhumane or Degrading Treatment or Punishment:
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CAT/C/52/D/497/2012 (“3.6 He further claims that his health condition requires specialized examination and adequate medical treatment that he cannot get in a regular prison as he contracted infiltrative tuberculosis complicated with tuberculosis pleurisy, which amounts to a violation of his rights under article 16 of the Convention.”)
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CAT/C/51/D/434/2010 (“7.4 Concerning the complainants’ claim under article 16 of the Convention relating to their expulsion in light of their health, the Committee recalls its prior jurisprudence that the aggravation of the condition of an individual’s physical or mental health by virtue of a deportation is generally insufficient, in the absence of additional factors, to amount to degrading treatment in violation of article 16.")
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CAT/C/31/D/189/2001 ("2.14 The complainant says that the living standards and the treatment meted out to prisoners by the prison authorities made his imprisonment an intolerable ordeal. He refers to the prison crowding, the dirty conditions, the contagious diseases and the lack of medical care… He adds that he was deprived of medical care, despite repeated requests, threats to go on hunger strike and his refusal to take exercise in the prison yard.”)
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Relevant language in decisions adopted by the UNHCHR/ICCPR:
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General comment No. 21: Article 10 (Humane treatment of persons deprived of their liberty)
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CCPR/C/78/D/1020/2001 (“3.7 The authors claim that 'their right to health is being put or exposed to serious jeopardy', by being detained with prisoners who suffer from communicable diseases.")
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CCPR/C/77/D/908/2000 (“2.3 In support of these allegations, the author refers to an article in a national newspaper, dated 5 March 1995, in which the General Secretary of the Prison Officers’ Association, was quoted, among other things, as stating that 'the conditions are highly deplorable, unacceptable and pose a health hazard.' The author submits that in the same article the General Secretary stated that limited resources, the spread of communicable diseases, such as chicken pox, tuberculosis and scabies, also makes the job of the prison officer more harrowing.")
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CCPR/C/62/D/676/1996 ("5.8 The State party admits that there is a block at Georgetown Prisons where prisoners with communicable diseases are kept.")
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CCPR/C/76/D/881/1999 (“2.2 On 13 February 1997, the author commenced an action in the South Australian Supreme Court against the State Government. He contended that the doubling-up, which was taking place in Adelaide Remand Centre, was contrary to international standards and complained that it caused increased sexual assaults on inmates, assaults on correctional staff, non-smokers being made to share with smokers, and increased communication of communicable diseases. He sought a declaration that the Department of Correctional Services had breached human rights.”)
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CCPR/C/69/D/688/1996 (“3.1 The author claims that prison conditions are appalling, and that the inmates are allowed out of their 3x3 metre cells only for half an hour each day. … Any medication, including vitamins and food supplements, has to be prescribed by the prison doctor. Many inmates suffer from psychiatric problems or contagious diseases. All inmates are housed together and there are no facilities for the sick. When inmates are taken to hospital, they are handcuffed and fettered.”)
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CCPR/C/118/D/2317/2013 ("2.5 He claims that up to the beginning of August 2009 he was subjected to severe forms of torture by the officers from the National Security Service and the police, as well as by detainees acting on instructions from the officers. … He was put in a cell with prisoners infected with tuberculosis and HIV/AIDS.”)
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“10.2 The State party’s failure to carry out an effective investigation into the author’s allegations of torture, the Committee finds a violation of the author’s rights under article 7 of the Covenant, read alone and in conjunction with article 2 (3) of the Covenant.”
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CCPR/C/117/D/2226/2012 ("3.2 The author also claims a violation of article 7 of the Covenant because of his ill-treatment while in detention and because of the detention conditions in the LBK-12 prison. [...] The prison was overcrowded, and prisoners infected with tuberculosis and skin diseases were kept together with healthy inmates. Although the author does not invoke it specifically, the communication also appears to raise issues under article 10 of the Covenant.”)