Covid-19 has redefined every aspect of life, including life in jails and prisons.

The CDC has noted that jails and prisons are ideal environments for the spread of the Covid-19 virus. Furthermore, many of those that are incarcerated have CDC-identified risk factors that make contracting Covid-19 more likely and/or increasing the seriousness of such infections. These conditions include:

• Obesity

• Respiratory conditions

• Individuals over the age of 65

• Cancer

• Chronic kidney disease

• Sickle cell disease

• Serious heart conditions

• Some forms of Type II diabetes

Additionally, there are other conditions that the CDC suspects of being risk factors (those listed as “might be at an increased risk”).

These circumstances make being an inmate even riskier than it usually is . Because of this, there is a growing body of law governing the release of inmates either through reducing their sentence or placing them on home confinement for the remainder of their sentence. While the process is more standardized and common in federal court, state courts are also aware of and in some instances sensitive to the risk Covid represents to incarcerated individuals.

While the standard and the process vary between the two court systems, there are some common features of successful pleadings advocating for release. Here are a few:

• Medically-documented history of a known risk factor

• Completion of a substantial portion of the sentence

• Non-violent offense

• Documented Covid outbreak at place of incarceration

While every case is different and there can be no guarantee of success, we have successfully advocated for clients to be released, report dates to be continued, and bail to be changed all because of the risk Covid poses to those incarcerated. If you or a loved one needs help in these uncertain times, contact us.

Other resources:

The Marshall Project’s Incarcerated state-by-state Covid tracker

ALCU’s Covid response

Bureau of Prison’s (federal incarceration) Covid response

NH State Prison Covid response