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| People’s Organization for Progress |[pic] |

|Box 22505 Newark N. J.  07101 | |

|(973) 801-0001 | |

What happens inside jails and prisons does not stay inside jails and prisons. It comes home with prisoners after they are released and with corrections officers at the end of each day’s shift. We must create safe and productive conditions of confinement not only because it is the right thing to do, but because it influences the safety, health, and prosperity of us all.

Confronting Confinement: A Report of the Commission on Safety and Abuse in America’s Prisons,

Hon. John J. Gibbons, Nicholas de B. Katzenbach Commission Co-Chairs

“I am doing my best to keep a positive outlook, but every day men are dying in here. I know you probably think I was being melodramatic when we last spoke, and I apologize if I came off as abrasive. I personally know several guys who are either deathly ill or who have already died because of this virus, and every day it's getting worse. …. And when you see death all around you tend to call in to question your own mortality. … It almost feels as if I'm standing on the railroad tracks, staring down an oncoming locomotive. I see it coming, but I'm unable to move and I know I'm powerless to stop the train - I'm just bracing myself for impact.”

A Voice from Inside

April 22, 2020

Dear Fellow Advocates,

This is a call to action. We are writing to summarize important government initiatives affecting the people confined in New Jersey’s jails and prisons during the corona virus crisis, and also share the voices of those suffering, struggling, and dying in confinement.[1] Our goal is to solicit your ideas and participation in moving state officials to quickly progress beyond their modest initial responses. We hope to work together to protect the lives and health of prisoners who remain in custody, the working people in the jails and prisons, and all of their respective families and communities.

We know that in New Jersey and across the country many organizations, coalitions, and individuals, on both sides of the walls, are working tirelessly to mitigate the harm caused by the corona virus in the prison system and its inevitable impact on the community at large. These efforts have informed and prompted some positive developments in New Jersey, including:

1. A March 22, 2020 Consent Order signed by Chief Justice Stuart Rabner of the New Jersey Supreme Court, which ordered the rapid release of a significant number of people being held in county jails[2]; and

2. An April 10, 2020 Executive Order signed by Governor Murphy, which mandated the identification and potential release of four classes of state prisoners – on parole or on “emergency medical home confinement” – pursuant to detailed administrative proceedings.[3]

While these releases will surely save some lives, far more significant reductions in the prisoner population are necessary to avoid foreseeable catastrophe. We are at a time when we must challenge reflexive political assumptions and even apparent legal barriers. Structurally and ideologically, our prisons are not designed or capable of ensuring compliance with best practices for reducing the spread of COVID-19. The correctional guidelines of the Center for Disease Control and Prevention, and even the DOC’s own publicized rules simply cannot be followed in the current carceral setting. For example, it is not possible to comply with accepted medical requirements for social distancing in a prison system that has increasingly placed people in double, rather than single cells. To enable preventative and therapeutic measures and avoid impending tragedy, a much larger percentage of those incarcerated must be released.

That this could be accomplished without endangering public safety, follows from even a brief examination of how other jurisdictions imprison even violent offenders for significantly shorter periods than New Jersey, without incurring a higher level of crime or recidivism. This implies that we should be able to release many more prisoners before their maximum sentence dates, their parole eligibility dates, and even their sentenced mandatory minimum dates, without endangering public safety, relying on individual rather than group risk assessments.

Governor Murphy’s Executive Order creates a cumbersome process of individual reviews and does not address the immediacy of the virus’s threat. An additional class of prisoners, already in contemplation of criminal justice professionals, must be considered for review under a supplemental Executive Order. At the same time, the Legislature must broaden the legal parameters for release.

We are enclosing recent testimonies of prisoners to illustrate the conditions that presently exist in the state prisons, along with a short summary of identified problems, which are intended to inspire your imagination and action. If you’d like a more extensive list, let us know. These testimonies include allegations of significant and dangerous violations of the DOCs rules advertised on their website and the guidelines of the federal Center for Disease Control and Prevention.

Now is the time for us to work collectively for change, to save lives. This requires a diversity of tactics, which we have already begun to employ. Letter writing, direct action, formal requests for government transparency, and mutual aid, among other things, are critical at a time when the most vulnerable in our state are profoundly threatened, and their susceptibilities threaten us all. We are not suggesting another organizational layer for creating more work. But we think that we could be more effective if we work more closely together. So, please contact us if you are interested in joining our efforts. Thank you!

In solidarity,

Bonnie Kerness, American Friends Service Committee, Prison Watch Program

Daniel M. McCarey, Esq.

Jean Ross, Esq., People’s Organization for Progress

ATTACHMENTS:

1. Summary of problems frequently reported by state prisoners;

2. Testimonies of state prisoners;

3. Recommendations to legislative leaders;

4. Recommendations of the Criminal Sentencing and Disposition Commission of November 12, 2019;

5. Notes on the NJSC Consent Order of March 22, 2020;

6. Notes on Executive Order 124; Public Defender toll-free hotline;

7. DOC Guidelines for COVID-19;

8. CDC Guidelines for Correctional Facilities

________________________________________________________________________________________________________

1. Summary of problems frequently reported by state prisoners

a. 4/15: Prisoners began reporting that they are finally getting masks, but how many? Earlier, they were not allowed to make or use their own masks.

b. Prisoners are not told what is going on, in general or when officers or prisoners on their unit are sick. There is no testing or tracking of prisoners exposed to ill officers or prisoners. Policies and practices change and are inconsistent. Prisoners are also being transferred from one prison to another.

c. Many prisoners are sick:

i. Prisoners are observed to be sick, with serious medical problems and symptoms of COVID-19;

ii. Prisoners with clear symptoms are returned to their units and cells, after a cursory medical review; requests for testing are denied;

iii. Officers with symptoms are on the units, or returned to the units;

iv. Prisoners in double cells cannot control what happens to their cellmates;

v. There has been a significant increase in emergency medical codes;

vi. Prisoners disappear - to quarantine, in a unit that had been condemned; or the hospital;

d. Prisoners do not get adequate cleaning resources.

e. Units and prisons are locked down, so prisoners are isolated in small double cells, without religious or other programs, outdoor recreation, or legal access, while communication with family is greatly reduced. This results in frustration and despair.

f. Accommodation for the many prisoners who suffer from mental illness is lacking.

2. Recent testimonies from people in the state prisons: 4/10 – 4/22:[4] You may not want to read all of these excerpts from some of the emails we have received, but even a cursory glance should help you understand the urgency for a response.

EJSP 4/10 East Jersey is being used as a dumping ground. People are being transferred from other prisons. People are sick and are falling out every day. 2Down is being used for quarantine. The prison just started letting prisoners outside for rec, which is a problem because of no social distancing

NSP 4/10There are at a minimum 60 guys just in Fox Building (from) a total of 360 inmates. These are just ones I have seen exhibiting signs in the open. They are just telling guys at medical they are fine, go back. A guy in the law library said he went to them with fever and they sent him back, the next day he fell in the library and they again sent him back to the unit, he said he knew he had it, had a fever for about 9 days and lost his taste and smell - many here are saying the same thing

NJSP 4/11 REFUSES to give us mask and told those who make their own. they're going to be charge if we wear them. WE WEAR THEM ANYWAY. They still refuse to give us HOT WATER in our cell. Despite my entire unit having been exposed, NONE of us have been tested. We are told if its not a 911 we are not subjected to be tested. more than half my unit is sick.

NJSP 4/13 going as far back as February … well over three hundred kaptive's have had & to date have multiple corona symptoms, all of us that sought medical treatment 60/70 days ago the med-dept deemed all of us to have a cold an proscribed initially 30-Mucinex pills and a bag of cough drops. However because so many kaptive's was sick the pharmacy supply of Mucinex pills was running out as as a result the 30-pills was reduced to10 and they completely ran out of cough drops. To date while some of our symptoms have subsided, almost everyone I speak with still having breathing difficulties then there are others with all the symptoms. Yet … the med-dept is continuing to uniformily diagnose (without doing chest xrays) all kaptive complaining, too have a "respitory infection" then proscribing some type of antibiotic pill, but everybody continue to be symptomatic

one of the housing unit officer's: SCO. Santiago who is one of the five days a week officers here on 1-right, has tested positive as a result the other officer SCO Woods who worked this morning was told to go home. These officers are not working from a cubicle, they are out on the floor interacting with us everyday even so no one has come to the unit to speak with us about checking us

someone fellout on my tier and they refuse to take him out to the hospital stating there's a world wide Stablization in Place

NJSP 4/13 more and more prisoner's on the 1-right housing unit are symptomatic those that recently sought medical attention are now being hospitalized,, or placed in the designated unit if they test positive and/or placed in the designated quaranteen unit if their just symptomatic!!!.between Feb & Mar I have been in 4/5 meeting's with the administrative Maj. Sears who has been confirmed to test positive for the virus about week ago. Since he has been confirmed, as of this email nobody from the administration or medical department came to let me know or check me to determine if I've been exposed. IN additionn to that situation all of us on this 1-right housing unit just learned that the regular 5-day aweek officer Sco. Santiago, has also tested positive becse of that last Tues or Wens his co-workers Sco. Woods was ordered to go home presumably to self quaranteen. But again even in the face more prisoner's from this unit feeling sick, nobody from the admin or medical dept have come to personally let us know if we've been possibly exposed. I sent the Administration a formal complaint, but nobody has responded.

NJSP 4/14 they reopen 3 wing to use it as a qurentine. Just 1 problem with that. 3 wing has been condemmed for decades. Over the last 3 days there has been 11 medical codes called all over the prison. You usaly won't get 11 in a couple of months.

NJSP 4/15. Since my last email to you, 6 more guys had to be rushed to the hospital and its getting worse.

NSP 4/15: NSP has been locked down since Easter Sunday - they have not run any showers since then - except for a couple cells on Mon. but that ended when there was a code and nothing has run since then,

Got (the DOC) papers, all is lies by the DOC - nothing close to that is beng done. A guy last night, who has heart problems and is on medication, said he had shortness of breath, he has all the symptoms of the virus and has been coughing for over a week - they sent him back an hour later and did nothing for him.

NJSP 4/16: 1r is where the serious cases are.

Call from NJSP 4/16: From 2L – in the West Compound. They are locked down and only come out for showers. The prison doesn’t tell prisoners anything. There have been 12-13 medical codes in the last 3 days. Usually, we only get this many medical codes in 3-4 months. Most of the codes are coming from 2Right …

3 Wing, which had been closed for decades, is now being used for quarantine

NJSP 4/16: …because of the article that was printed by Issac Avilucea at the Trentonian the entire prison were given mask at 4:00pm. Now if we can just get them to test us

NJSP 4/17: as of 4 o'clock today the admin has provided everyone here on 1-right with two (2) surgical mask an mandated that we have to wear them anytime we leave our cells, Its not clear if they plan to provide the mask everyday

NSP 4/18: Officer told an inmate the other day she hopes his mother and family get the virus – (An officer) prevented me from doing my job and providing the Fox Building with legal access since the Law Library is closed. t…… we are in need of this relief for the mental health aspect alone this needs to be remidied

EMCF 4/18: EMCF prisoners have now been issued masks to wear whenever they leave their cells. At the same time, ALL recreation activities have been cancelled until further notice (no explanation given why but possibly due to reduction in staff caused by covid-19 infections. It seems idiotic that packing inmates on their wings together will reduce the risk of infection spreading. … lack of activities may also aggravate inmate frustration and fights. (There have been) multiple disciplinary hearings the past few weeks. I am concerned if this recreation cancellation persists for weeks or months - this violats constitutional rights and runs afoul of the 10A as well.

NJSP 4/18: this covid 19 truly has us in a pickle. It's extremely disheartening for those of us who r wards of the state, it's like we r some sort of throw-aways. In fact, they've finally mandated the wearing of face masks; however, if I may be brutally honest, it's a little too late. Everyday someone is escorted off the wing to a makeshift quarantine unit,

NJSP CALL 4/19:  I am doing my best to keep a positive outlook, but every day men are dying in here.…. I personally know several guys who are either deathly ill or who have already died because of this virus, and every day it's getting worse. People really don't care. And when you see death all around you tend to call in to question your own mortality. Everything that I foresaw happening is coming to past. It almost feels as if I'm standing on the railroad tracks, stairing down an oncoming locomotive. I see it coming, but I'm unable to move and I know I'm powerless to stop the train - I'm just bracing myself for impact.

EMCF 4/19….r there has been no releases. frankly i do not believe they will release anyone because these girls do not fight for anything and the administrators do not care enough to answer anyones inquiries or greivances or just emails. as for the phone number (from the Public Defender) we are not just able to pick up a phone and dial any number. we have to wait 3 months to be bale to add or delete a number and besides i do not think they would allow us to submit this number. another thing is they stopped our visits and said that we would be able to make more phone calls espcially that we are to get one free call a day, well now they are keepin us in our rooms and we are very lucky if we can make one call and use the kiosk one time. …i should be able to call my attorney as much neeed times and also my family an i am not getting that…they have totally stopped all recreation. we do not go outside at all, no walking, no sitting on the bench to get air. isn't this illegal? we are suffocating in here.

NSP 4/20: Our access to the law library is greatly reduced

NSP 4/20: … they finally distributed mask to the inmate population. They are only damn near three (3) weeks or so late. Now, because they turned the ventilation system off due to covid-19 and in doing so it causes an extreme condenisity in the cells far as moisture goes which caused toxic black mold to foster in access. This causes respiratory complications for vulnerable class asthmatics individuals such as myself which comprises ones immune system which causes extreme vulnerability to covid-19 infections

NSP 4/20: I have heard from multiple reliable sources that there are at least 12 or more inmates in ICU from this prison, two of my personal friends that I have known for more than 20 years have just passed from the virus - they were here and I heard from one CO that 2 more inmates just died overnight. Just wanted to tell you what I know that is confirmed

NJSP 4/20 Me myself have mild symptons for example i dont have the ability to smell or taste but there are others around me who are older who are having a hard time and my heart goes out to them and there isnt much being done or its being done way too late for example if you want to cook ur food and eat they force you to share a hot water despenser with over 120 people and they refuse to give us devices that heat up water in our cells like hot pots or stingers due to policy but they are putting policy before our lifes in here and on my unit which is 2right have people who are being hospitalized and one guy didnt make it his name was mr . and he didnt deserve to go the way he did but everyone on my unit has a sympton some get extremely fatigued while others lose thier sense of smell and taste this unit is dangerous.

SWSP 4/22 Call: Prisoners are being transferred to South Woods from all over the state.

3. Recommendations to legislative leaders: April 12, 2020

On April 12, 2020, we recommended emergency legislation to facilitate the release of prisoners at high risk of serious illness or death from COVID-19 or similar deadly infectious diseases, who would not pose a danger to the public and could be safely placed in the community, for example, by:

a. adopting statutory provisions explicitly expanding the Governor’s emergency powers during health emergencies;

b. abolishing, retroactively, all extended and mandatory minimum sentences under NJSA 2C:43-7 and 7.2;

c. providing for presumptive parole of elderly prisoners, as in A4944, introduced last year by Assemblyman Gary Schaer;

d. providing for presumptive parole of prisoners with serious mental illness on their first parole eligibility date, which would authorize and direct the release of such prisoners under hospital or community involuntary commitment laws; and

e. adopting legislation to implement the other unanimous recommendations of the Criminal Sentencing and Disposition Commission of November 12, 2019.

4. Recommendations of the Criminal Sentencing and Disposition Commission of November 12, 2019.

a. Eliminate mandatory minimum sentences for non-violent drug crimes.

b. Eliminate mandatory minimum sentences for non-violent property crimes.

c. Reduce the mandatory minimum sentence for two crimes – second degree robbery and second-degree burglary – that previously have been subject to penalties associated with far more serious offenses.

d. Apply Recommendations #1, #2 and #3 retroactively so that current inmates may seek early release.

e. Create a new mitigating sentencing factor for youth.

f. Create an opportunity for resentencing or release for offenders who were juveniles at the time of their offense and were sentenced as adults to long prison terms.

g. Create a program, called “Compassionate Release,” that replaces the existing medical parole statute for end-of-life inmates.

h. Reinvest cost-savings from reductions in the prison population arising from these reforms into recidivism reduction and, to the extent available, other crime prevention programs.

i. Provide funding to upgrade the Department of Corrections’ existing data infrastructure to better track inmate trends and to develop partnerships with academic institutions to analyze this data.

5. Notes on the NJ Supreme Court Consent Order of March 22, 2020: In total, 697 people were released pursuant to the Order. But, between 3/9 and 3/30, the county jail population was reduced by 2,058 people The OPD represented all the people where prosecutors lodged objections (including on appeal).

6. Notes on Executive Order 124; Public Defender toll-free hotline: So, for now, the lists will come exclusively from the DOC and SPB, based on information contained in prison records. The OPD has created a toll-free hotline, so if you are serving a state prison sentence and are over the age of 60 or have an underlying medical condition that makes you particularly susceptible to COVID-19, contact the Office of the Public Defender toll free at: 833-947-2127 or (someone can) email thedefenders@opd.. Medical conditions include: chronic lung disease, moderate to severe asthma, serious heart conditions, severe obesity, diabetes, chronic kidney disease, undergoing dialysis, liver disease, conditions that could cause a person to be immunocompromised, including: cancer treatment, smoking, bone marrow or organ transplantation, immune deficiencies, poorly controlled HIV or AIDS and prolonged use of corticosteroids and other immune weakening medications. Be prepared to provide the following information: your name, SBI#, your contact information, the county in which you were sentenced.

7. DOC Guidelines for COVID-19 can be found at Rules:

8. See CDC Guidelines for Correctional Facilities at: ;

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[1] Many of you have already received the prisoner testimonies we included in our previous letters to Governor Murphy, Commissioner of Corrections Marcus Hicks and legislative leaders.

[2] The Consent Order can be found at

[3] The Executive Order can be found at

[4] All direct quotes.

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