Originally published by Times Union. Written in collaboration with N. Reimer.
COVID-19 represents a public health challenge to every institution in American life — especially our justice system.
As coronavirus spreads, our courts could become dangerous vectors for disease transmission as defendants, jurors, officers of the court, facility workers and the incarcerated participate in court business. Beyond courts, in New York’s prisons, incarcerated men and women are particularly vulnerable due to close interactions with one another in confined spaces, congregate living arrangements, a lack of strong medical infrastructure and a significant share of people older than 55.
To guard against the pandemic and keep all of us safe, state officials in New York need to take swift action to protect the people in our justice system from COVID-19.
The state announced last Friday it would postpone jury trials, which is a good first step (although trials under way will continue and existing grand juries will continue). But much more must be done.
First, we have to drastically cut the number of people introduced into facilities. That means a moratorium on warrants for technical parole violations that might result in mandatory prehearing detention, as well as on parole revocation for technical violations that results in incarceration.
Second, the state must delay court appearance dates for people with speeding or parking tickets, minor offenses and traffic violations.
Third, emergency overtime and increased wages must be provided for incarcerated individuals employed to make hand sanitizer and other health supplies. Historically unfair prison wages are especially egregious when so much depends on the work of incarcerated people.
Fourth, the state should broaden the use of alternatives to incarceration, especially for charged and already incarcerated people who have compromised immune systems and underlying health conditions.
Finally, state officials must immediately release a comprehensive plan for humanely and properly managing infections and caring for those affected by COVID-19 in correctional facilities.
This is personal: One of us is a criminal defense lawyer, the other is a formerly incarcerated advocate for criminal justice. To protect people like us — and all New Yorkers in turn — state officials must take immediate, transparent and appropriate action.