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PREPUBLICATION COPY â UNCORRECTED PROOFS Decarcerating Correctional Facilities during COVID-19: Advancing Health, Equity, and Safety Committee on the Best Practices for Implementing Decarceration as a Strategy to Mitigate the Spread of COVID-19 in Correctional Facilities Emily A. Wang, Bruce Western, Emily P. Backes, and Julie Schuck, editors Committee on Law and Justice Division of Behavioral and Social Sciences and Education A Consensus Study Report of
PREPUBLICATION COPY â UNCORRECTED PROOFS THE NATIONAL ACADEMIES PRESS 500 Fifth Street, NW Washington, DC 20001 This activity was supported by contracts between the National Academy of Sciences and Arnold Ventures (unnumbered) and the Robert Wood Johnson Foundation (unnumbered). Any opinions, findings, conclusions, or recommendations expressed in this publication do not necessarily reflect the views of any organization or agency that provided support for the project. International Standard Book Number-13: 978-0-309-XXXXX-X International Standard Book Number-10: 0-309-XXXXX-X Digital Object Identifier: https://doi.org/10.17226/25945 Additional copies of this publication are available from the National Academies Press, 500 Fifth Street, NW, Keck 360, Washington, DC 20001; (800) 624-6242 or (202) 334-3313; http://www.nap.edu. Copyright 2020 by the National Academy of Sciences. All rights reserved. Printed in the United States of America Suggested citation: National Academies of Sciences, Engineering, and Medicine. 2020. Decarcerating Correctional Facilities during COVID-19: Advancing Health, Equity, and Safety. Washington, DC: The National Academies Press. doi: https://doi.org/10.17226/25945.
PREPUBLICATION COPY â UNCORRECTED PROOFS The National Academy of Sciences was established in 1863 by an Act of Congress, signed by President Lincoln, as a private, nongovernmental institution to advise the nation on issues related to science and technology. Members are elected by their peers for outstanding contributions to research. Dr. Marcia McNutt is president. The National Academy of Engineering was established in 1964 under the charter of the National Academy of Sciences to bring the practices of engineering to advising the nation. Members are elected by their peers for extraordinary contributions to engineering. Dr. John L. Anderson is president. The National Academy of Medicine (formerly the Institute of Medicine) was established in 1970 under the charter of the National Academy of Sciences to advise the nation on medical and health issues. Members are elected by their peers for distinguished contributions to medicine and health. Dr. Victor J. Dzau is president. The three Academies work together as the National Academies of Sciences, Engineering, and Medicine to provide independent, objective analysis and advice to the nation and conduct other activities to solve complex problems and inform public policy decisions. The National Academies also encourage education and research, recognize outstanding contributions to knowledge, and increase public understanding in matters of science, engineering, and medicine. Learn more about the National Academies of Sciences, Engineering, and Medicine at www.nationalacademies.org.
PREPUBLICATION COPY â UNCORRECTED PROOFS Consensus Study Reports published by the National Academies of Sciences, Engineering, and Medicine document the evidence-based consensus on the studyâs statement of task by an authoring committee of experts. Reports typically include findings, conclusions, and recommendations based on information gathered by the committee and the committeeâs deliberations. Each report has been subjected to a rigorous and independent peer-review process and it represents the position of the National Academies on the statement of task. Proceedings published by the National Academies of Sciences, Engineering, and Medicine chronicle the presentations and discussions at a workshop, symposium, or other event convened by the National Academies. The statements and opinions contained in proceedings are those of the participants and are not endorsed by other participants, the planning committee, or the National Academies. For information about other products and activities of the National Academies, please visit www.nationalacademies.org/about/whatwedo.
PREPUBLICATION COPY â UNCORRECTED PROOFS COMMITTEE ON BEST PRACTICES FOR IMPLEMENTING DECARCERATION AS A STRATEGY TO MITIGATE THE SPREAD OF COVID-19 IN CORRECTIONAL FACILITIES EMILY A. WANG (Co-chair), Yale School of Medicine BRUCE WESTERN, (Co-chair), Columbia University DONALD M. BERWICK, Institute for Healthcare Improvement SHARON DOLOVICH, University of California, Los Angeles, School of Law DEANNA R. HOSKINS, JustLeadershipUSA MARGOT KUSHEL, University of California, San Francisco HEDWIG LEE, Washington University, St. Louis STEVEN RAPHAEL, University of California, Berkeley JOSIAH RICH, Brown University JOHN WETZEL, Pennsylvania Department of Corrections EMILY P. BACKES, Study Director JULIE SCHUCK, Program Officer DARA SHEFSKA, Associate Program Officer STACEY SMIT, Senior Program Assistant v
PREPUBLICATION COPY â UNCORRECTED PROOFS COMMITTEE ON LAW AND JUSTICE ROBERT D. CRUTCHFIELD, (Chair), University of Washington (retired) SALLY S. SIMPSON, (Vice Chair), University of Maryland SHAWN. D. BUSHWAY, University at Albany PREETI CHAUHAN, John Jay College of Criminal Justice KIMBERLE W. CRENSHAW, University of California, Los Angeles MARK S. JOHNSON, Howard University CYNTHIA LUM, George Mason University JAMES P. LYNCH, University of Maryland JOHN MACDONALD, University of Pennsylvania KAREN J. MATHIS, American Bar Association (retired), University of Denver THEODORE A. MCKEE, United States Court of Appeals for the Third Circuit Philadelphia, PA STEVEN RAPHAEL, University of California, Berkeley LAURIE O. ROBINSON, George Mason University CYNTHIA RUDIN, Duke University SUSAN B. SORENSON, University of Pennsylvania LINDA A. TEPLIN, Northwestern University Medical School HEATHER ANN THOMSON, The University of Michigan BRUCE WESTERN, Columbia University Staff: NATACHA BLAIN, Director EMILY P. BACKES, Senior Program Officer STACEY SMIT, Senior Program Assistant vi
PREPUBLICATION COPY â UNCORRECTED PROOFS SOCIETAL EXPERTS ACTION NETWORK (SEAN) EXECUTIVE COMMITTEE MARY T. BASSETT, (Co-chair), Harvard University ROBERT M. GROVES, (Co-chair), Georgetown University DOMINIQUE BROSSARD, University of Wisconsin, Madison JANET CURRIE, Princeton, University MICHAEL HOUT, New York University ARATI PRABHAKAR, Actuate ADRIAN E. RAFTERY, University of Washington JENNIFER RICHESON, Yale University Staff: MONICA N. FEIT, Deputy Executive Director DBASSE ADRIENNE STITH BUTLER, Associate Board Director EMILY P. BACKES, Senior Program Officer NATALIE NIELSEN, Senior Program Officer DARA SHEFSKA, Associate Program Officer PAMELLA ATAYI, Program Coordinator vii
PREPUBLICATION COPY â UNCORRECTED PROOFS ACKNOWLEDGMENTS This report would not have been possible without the contributions of many people. First, we thank the sponsors of this study: Arnold Ventures and the Robert Wood Johnson Foundation. Special thanks go to the members of the study committee, who dedicated extensive time, thought, and energy to the project on such a compressed timeline. In addition to its own research and deliberations, the committee received input from several outside sources, whose willingness to share their perspectives and experience was essential to the committeeâs work. We thank Annette Chambers-Smith (Ohio Department of Corrections), Jennifer Clarke (Rhode Island Department of Corrections), Sara Smith Kariko (Washington State Department of Corrections), Lisa Puglisi (Yale School of Medicine), Homer Venters (former Chief Medical Officer of the NYC Correctional Health Services), Vikki Wachino (Community Oriented Correctional Health Services), Brie Williams (University of California, San Francisco), Tyler Winkelman (University of Minnesota). The committee also gathered information through a commissioned paper. We thank Lauren Brinkley-Rubenstein (University of North Carolina) and Kathryn Nowotny (University of Miami) and the COVID Prison Project for their contributions to the report. The committee was also able to elicit input from correctional officials and formerly- incarcerated individuals and their families. We extend our gratitude to: Ingrid Archie (A New Way of Life), David Ayala (Formerly Incarcerated, Convicted People & Families Movement), Susan Burton (A New Way of Life), Jerry Fitz (Virginia Department of Corrections), Steven Fogg (Correctional Leaders Association), Mike Haddon (Utah Department of Corrections), Todd Ishee (North Carolina Department of Public Safety), Kevin Kempf (Correctional Leaders Association), Valerie Langley (North Carolina Department of Public Safety), Mike Leidholt (South Dakota Department of Corrections), Dave Luxton (Washington Department of Corrections), Brandon Marshall (Washington Department of Corrections), Reverend Vivian Nixon (College and Community Fellowship), Arminda Miller (Washington Department of Corrections), Bryan Stirling (South Carolina Department of Corrections), and Dean Williams (Colorado Department of Corrections). This Consensus Study Report was reviewed in draft form by individuals chosen for their diverse perspectives and technical expertise. The purpose of this independent review is to provide candid and critical comments that will assist the National Academies of Sciences, Engineering, and Medicine in making each published report as sound as possible and to ensure that it meets the institutional standards for quality, objectivity, evidence, and responsiveness to the study charge. The review comments and draft manuscript remain confidential to protect the integrity of the deliberative process. We thank the following individuals for their review of this report: Shawn D. Bushway, Behavioral and Policy Sciences Department, RAND Corporation; Charles D. Lee, President- elect, American College of Correctional Physicians; Ojmarrh Mitchell, School of Criminology and Criminal Justice, Arizona State University; Samuel L. Myers, Jr., Hubert H. Humphrey School of Public Affairs, University of Minnesota; Anne Spaulding, Department of Epidemiology and Preparedness in Jails Project, Emory University; Sonja B. Starr, Professor of Law, University of Chicago; and Brie Williams, School of Medicine and Criminal Justice and Health Program, University of California, San Francisco. Although the reviewers listed above provided many constructive comments and suggestions, they were not asked to endorse the conclusions or recommendations of this report viii
PREPUBLICATION COPY â UNCORRECTED PROOFS nor did they see the final draft before its release. The review of this report was overseen by John V. Pepper, Department of Economics, University of Virginia and Philip J. Cook, Sanford School of Public Policy, Duke University. They were responsible for making certain that an independent examination of this report was carried out in accordance with the standards of the National Academies and that all review comments were carefully considered. Responsibility for the final content rests entirely with the authoring committee and the National Academies. The committee also wishes to extend its gratitude to the staff of the National Academies of Sciences, Engineering, and Medicine, in particular to Emily Backes, for her expert direction of this study from beginning to end, and Julie Schuck, who made critical substantive contributions in the conception, writing, and editing of the report. Thanks are also due to Dara Shefska for her skilled writing assistance and contributions to the communications and dissemination of the report. Stacey Smit provided key administrative and logistical support and made sure the committee process ran efficiently and smoothly. Throughout the project, Natacha Blain, director of the Committee on Law and Justice, provided oversight. Thanks are also due to our Societal Experts Action Network colleagues, in particular Monica Feit, who provided helpful guidance and insight throughout the study process. From the Division of Behavioral and Social Sciences and Education, we thank Kirsten Sampson-Snyder and Douglas Sprunger, who shepherded the report through the review process and assisted with its communication and dissemination. We also thank Rona Briere, Genie Grohman, and Allie Boman for their skillful editing. ix
PREPUBLICATION COPY â UNCORRECTED PROOFS CONTENTS Summary S-1 1 Introduction 1-1 2 COVID-19 and Correctional Facilities: Context and Framing 2-1 3 Considerations for Decarceration 3-1 4 Community Systems for Decarceration 4-1 5 Guidance for Depopulating Correctional Facilities 5-1 References R-1 APPENDIXES A. Recidivism, Incarceration, and Crime A-1 B. Biosketches of Committee Members and Staff B-1 x