Norton Calls on U.S. Parole Commission to Release Individuals Incarcerated for Technical Supervision Violations

WASHINGTON, D.C.—Congresswoman Eleanor Holmes Norton (D-DC) today sent a letter to the United States Parole Commission (USPC) urging USPC to release individuals incarcerated for technical supervision violations, as well as to review the cases of all vulnerable incarcerated individuals and consider them for immediate release. Citing coronavirus outbreaks at Federal Bureau of Prisons and District of Columbia correctional facilities, Norton wrote, "Continued incarceration creates the grave risk and indeed the probability of contracting COVID-19." This follows a letter Norton sent last month urging USPC to protect and in many cases release individuals under USPC's jurisdiction. UPSC, in addition to federal offenders, has jurisdiction over D.C. Code felons.

Norton's letter follows:

April 21, 2020

The Honorable Patricia Cushwa

Chair

United States Parole Commission

90 K Street NE

Third Floor

Washington, D.C. 20530

Dear Chair Cushwa:

I am writing to express my deep concern about individuals who remain detained, as a result of decisions made by the United States Parole Commission (USPC), in Federal Bureau of Prisons (BOP) and District of Columbia correctional facilities. In light of the coronavirus, USPC should immediately release all individuals who are incarcerated for technical violations of release conditions and should review the cases of all vulnerable incarcerated individuals and consider them for immediate release.

As you know, BOP and D.C. correctional facilities are experiencing severe outbreaks of COVID-19. As of April 19, 2020, 90 people in D.C. Department of Corrections (DOC) custody have tested positive for Covid-19, and one resident and one corrections officer have died from the disease. The conditions in correctional facilities make social distancing and good hygiene impossible. As of April 19, 2020, 495 individuals in BOP custody have tested positive for Covid-19 and 22 have died, including a D.C. resident. Continued incarceration creates the grave risk and indeed the probability of contracting COVID-19.

I understand that on March 13, 2020, USPC began reviewing and changing its policies and practices to respond to COVID-19. For instance, USPC began a review of its practices with respect to individuals who were pending parole or supervised release revocation for technical violations. USPC started releasing many individuals held for technical violations at the time of their probable cause hearings, five days after arrest. While many individuals with technical violations were released, USPC should release all individuals with technical violations. I also understand that USPC closed the Residential Substance Abuse Treatment (RSAT) program. These decisions made good sense because the incarceration of individuals for technical violations, such as failure to adhere to drug testing, risked their lives. Similarly, since meaningful programming could not occur within the RSAT program during the pandemic and lives were endangered by incarceration, USPC's decision to close the program and to allow individuals to return home made sense.

USPC should immediately make a similar decision with respect to the approximately 85 individuals who were revoked for technical violations in the weeks and months just before the spread of COVID-19 within D.C. and BOP correctional facilities became known. I have been informed that these 85 individuals were given revocation sentences of six to 12 months for such violations as failing to drug test, testing positive for drugs, failing to meet with a supervision officer, becoming a loss of contact or for minor misdemeanor offenses. Many of them have already served months of incarceration. There are no public safety considerations that warrant disparate treatment of the individuals who were revoked from supervision for technical violations just before USPC changed its policy regarding technical violations. These individuals are no more a danger to the community than the individuals with technical violations that USPC chose to release to the community after March 13, 2020. Furthermore, the continued incarceration of these individuals could prove deadly.

In addition to releasing the individuals who were previously sentenced to incarceration for technical violations, I urge you to continue to refrain from issuing new warrants and continue to withdraw pending warrants for technical violations to prevent individuals from being arrested, processed and subject to five days of detention prior to release from D.C. correctional facilities. Additionally, for the remaining individuals with pending technical violations that USPC has not released, USPC should begin crafting a series of conditions that would allow for their release as well, such as GPS monitoring and home confinement. Given the spread of COVID-19 within correctional facilities, the safest course for inmates and staff is to severely limit any new admissions to custody and to release as many individuals as possible.

Jails and prisons are not conducive to limiting transmission, and it is imperative that USPC take a more active role in reducing the incarcerated population. Many individuals who are detained on technical violations are over age 50 and many have underlying medical conditions that make them particularly vulnerable to death from COVID-19. The only responsible and life preserving course is for USPC to release these individuals from custody immediately.

I appreciate your attention to these matters and ask that you respond in writing within one week of the date of this letter.

Sincerely,

Eleanor Holmes Norton