By: Sarah Johnson
This week we’ll take a closer look at some very interesting legislation out of New Jersey. NJ S2519 was introduced back in June and could potentially allow for the immediate release of over 3,000 people in New Jersey prisons due to be released in the next year. In July, we examined the Nebraska prison overcrowding crisis which in part looked at how COVID is particularly dangerous for incarcerated people. People incarcerated in New Jersey prisons experience more than double the death rate for New Jersey residents in general. According to The Marshall Project, New Jersey has the highest death rate of prisoners in any state.
What has New Jersey Done for Prisoners during COVID?
New Jersey took some steps early on to try to combat the spread of COVID throughout their prison system. In March, the New Jersey Supreme Court approved a consent order to create a process for the release of people serving short sentences in county jails. This order released almost 700 people at the start of the pandemic.
Within the correctional system, the Department of Corrections implemented universal baseline testing for staff, inmates, and residents, provided all inmates and residents with face masks, and quarantined inmates with known exposure to COVID-19 in specifically designated quarantine units. In mid-March, the Department of Corrections suspended visits and increased access to other forms of communication to try to lessen its impact by: expanding inmate and resident access to additional phone calls, free-of-charge and to additional JPay kiosk usage, and by providing access to free postage to the inmate and Residential Community Release Program population.
In mid-April 10, Governor Phil Murphy signed an Executive Order to establish a process granting temporary reprieve to at-risk inmates during the public health emergency. From this Executive Order, a reported 566 individuals were released on parole and 301 were placed on emergency medical home confinement. Since March, the New Jersey prison population overall has dropped by almost a tenth according to state statistics. Like most prison and jail populations throughout the United States, New Jersey has racial disparities in its population. People of color (Black, Latinx, and Indigenous people) are disproportionately incarcerated in the state, and also disproportionately at risk of the virus. In New Jersey, despite being less than 15 percent of New Jersey’s total population, Black people make up over half of the incarcerated population. The New Jersey ACLU went to court end of May seeking implementation of a process for release similar to the consent order the Court passed in March for prisoners in jail. They argued that despite the Executive Order signed by Governor Murphy, it did not result in the release of a significant number of people; cue S2519.
What Exactly Would this Bill Do?
S2519 would create a system of “public health emergency credits”. What is a public health emergency credit you ask? This bill creates a process for when a Public Health Emergency is declared due to a communicable or infectious disease to help get people out of prison sooner via emergency credits. Via this bill, inmates who meet certain criteria would be awarded four months off their sentence for every month served during the emergency. A maximum of eight months could be awarded in credit to qualifying inmates.
This bill effectively reduces the sentences for all currently incarcerated inmates, except compulsive sex offenders, by eight months due to the fact we are still very much in a Public Health Emergency almost six months in. “No contact” orders would also be imposed on inmates released as a result of the credits. Upon enactment, certain eligible inmates with less than 12 months to go on their sentence could be released. The legislation also lays out certain notice requirements and protections for identifiable victims. As of Aug 26 the bill is still working its way through the Senate but has already seen some success, being passed out of the Commerce committee.
Senator Nelida Pou had this to say about the legislation
New Jersey has failed its prison population throughout the pandemic. As the virus spread we were not flexible enough to keep the people in our custody safe and we all had to watch as those without freedom were knowingly put at risk. People in the state’s custody, however, have the same fundamental right to health and safety as everyone else in our society. If certain inmates are reasonably able to be released early, particularly those nearing the end of their sentences, it would not only give them security but it would thin the population inside the prisons, provide for a greater ability to socially distance, and keep everyone, guards included, safer.
These credits are one of the most interesting approaches I’ve seen to problems brought on by COVID. Not only would it allow people to stay much safer via being able to social distance at home, but by lowering the overall population, it makes social distancing within facilities easier too. This legislation also acknowledges the conditions of confinement during public health emergencies/pandemics are much worse than during typical incarceration. Outside of prison we are all experiencing increased isolation, fear, and helplessness throughout this experience, I cannot imagine the increased hardship from dealing with this on the inside.
Cover Photo by Denny Müller on Unsplash
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