Webinar summary: Covid-19 and the Compassionate Release of the Elderly, Infirm or High Risk

Originally published by American Bar Association on 03/04/2020

Summary

This summary of the Covid-19 webinar identifies three main approaches to seeking the release of older, ill and at-risk prison populations during Covid-19, being: 1 – Existing Compassionate Release Mechanisms. While it appears that some judges are considering arguments that do not traditionally fit the requirements of compassionate release, barriers to obtaining such release include the rigidity of federal criteria; and procedural barriers. 2 – Political Pressure. Attempts must be made to convince political actors to reduce prison populations. 3 – Litigation. In Washington State, advocates filed a suit seeking the release of prison groups most vulnerable to serious illness and death due to Covid-19.In addition, they summary identified other approaches to securing release including: clemency and federal back-end releases.

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To Protect Our Children and Fight the Coronavirus, Release Youth from Juvenile Detention

Originally published by Juvenile Justic Clinic at Loyola Law School, Samanth Buckingham on 01/04/2020

Summary

Children are suffering from increased isolation, reduced educational opportunities and limited access to mental health treatment while they remain in detention during the Covid-19 pandemic. Advocates are pushing for the release of all youth who can safely return home to their family or caregiver and the halting of any new detentions.Results from a national poll revealed broad bipartisan support for the early release of some youth held in detention. The poll found that:– Sixty percent of likely voters support releasing juveniles whose sentences end within the next six months, including fifty-four percent of Republicans; and– Fifty-eight percent of voters prefer early release to solitary confinement conditions imposed on juveniles during a pandemic, including fifty percent of Republicans.

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A Heartfelt Appeal on Behalf of Incarcerated Youth During Pandemic

Originally published by David Domenici; published with permission on The Chronicle of Social Change on 26/03/2020

Summary

The Center for Educational Excellence in Alternative Settings is an organization that operates schools in the New Orleans detention center and adult jail, assists in the educational transition of youth coming home and partners with systems around the country to improve education in facilities. David Domenici, the founder, wrote in an email to colleagues that has since been re-published that: Children in detention are afraid and at a high risk of exposure. Each passing day increases trauma, risk and long term mental health scars. The institutions in which they are held are not designed to support individuals facing a Covid-19 infection.The organization is delivering curriculum to schools and facilities that will work for students even with staff shortages and limited technology access.At a policy level, suggests that nearly all juvenile held pretrial in an adult jail or juvenile detention center should be released.On a personal level, children and teens in confinement need to know they are not alone and that society cares for them. They have started a month long note card and letter writing campaign. Join here: https://form.jotform.com/200824983946062?mc_cid=f153fb7536&mc_eid=b10cd0ed54

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