COVID-19 Response & Meeting the Needs of People in theCriminal Justice System
March 30, 2020

Andy Beshear, Governor of Kentucky
Justice Mary C. Noble, Secretary of Kentucky Justice and Public
Safety Cabinet
Renee McDaniel, Kentucky Jailers Association
J. Michael Brown, Secretary of Kentucky Executive Cabinet
LaTasha Buckner, Kentucky Chief of Staff and General Counsel
Dewayne Clark, Director of Louisville Metro Corrections
Thank you for the important steps many of you have already taken
to slow the spread of the deadly and highly transmissible novel
coronavirus (COVID-19). The number of confirmed COVID-19
cases in Kentucky is rising and will continue to affect every cornerof the Commonwealth. This pandemic will have particularly harshconsequences on the most vulnerable among us, including those
who are incarcerated. The state should enact serious precautions
to protect incarcerated people and those around them.
The Centers for Disease Control and Prevention, the Kentucky
Department of Public Advocacy, and the Bail Project havepublished various recommendations that would maintain public
safety while also protecting the health of incarcerated people. We
support these recommendations and ask that stakeholders
implement the following changes: decreased arrests, release ofpretrial detainees, expedited compassionate releases, waiving offines and fees for incarceration and supervision, waiving of fees forphone calls during suspended visitation, access to hygiene andsanitization products, and reduction of incarceration for technicalviolations for people on probation and parole. Consistent with
Governor Beshear’s efforts to keep the public fully informed as thispandemic continues to spread, we also ask the Commonwealth topublish data on COVID-19 testing and isolation in Kentucky’s
prisons and jails.
From policing, prosecution, and pretrial hearings, to sentencing,
confinement, and release, every aspect of the system must comeunder intense scrutiny for its response to this national publichealth crisis. We are calling on law enforcement agencies tobalance their enforcement priorities with the realities of thisPage 2 of 5

pandemic. State and local governments could reduce viral
exposure for members of the public and their employees if they
limit arrests to offenses that pose a risk to public safety and reduce
the population in already overcrowded detention facilities.
We have created recommendations for people who areincarcerated, people who continue to interact with the justicesystem, and the staff and other personnel who work within thejustice system. Those stakeholders responsible for operating
Kentucky’s prisons and jails should note that failure to takeadequate measures to protect incarcerated people from risk ofinfection may result in constitutional violations1. We urge you toadopt the following measures to minimize the spread of COVID-19and protect those who are extremely vulnerable in the face of thispandemic.
Decrease Arrests
Sheriffs and police departments across the Commonwealth—andparticularly in densely populated areas in Jefferson County,
Fayette County, and Northern Kentucky—should immediately
adjust their enforcement activities to minimize risks to bothcommunity members and officers. Considering a balance of public
safety and the overwhelming public health concerns of COVID-19,
we urge law enforcement agencies to expand criteria for citation
and release, expedite papering decisions, and only arrest
individuals in situations that present a continued and serious risk
to public safety.
Pretrial Release
People who are incarcerated only because they cannot afford to pay
bail should be released. This urgent, precautionary measure will
alleviate our already dangerously overpopulated jails and prisons,offering those who remain incarcerated a better chance to practice
health safety measures, like social-distancing. This would provide
some relief to the likely spread of COVID-19 within the criminal
justice system.

1 See Helling v. McKinney, 509 U.S. 25, 33 (1993); Jolly v.

Coughlin, 76 F.3d 468, 477 (2d Cir. 1996) (“correctional officials
have an affirmative obligation to protect inmates from infectiousdisease”).

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Waive Fines & Fees
During this pandemic, individuals should not be incarcerated due
to fines, fees, or other financial obligations. Furthermore, we ask
that individuals who are incarcerated only because of an inability
to pay fines and fees be released immediately. During these trying
times, individuals who do not pose a risk to public safety should
not be incarcerated due to inability to meet financial obligations.
Compassionate Release
Officials should release incarcerated people who are elderly,immunocompromised, or otherwise meet the requirements forcompassionate release. These populations are likely to face highrisk complications if infected with COVID-19. Releasing thispopulation will reduce the need for complex medical care andreduce the burden on healthcare providers. We urge you to
consider alternatives to confinement in jails and prisons.
Consideration of Release
Individuals who are serving short sentences for misdemeanor
offenses or low-level felony offenses should be considered forrelease. Additionally, individuals with a year or less of theirsentence remaining should also be considered for release when
they do not pose a risk to public safety.
Waive Phone Call Fees During Suspension of In-Person
Visitation
In-person visitation has been suspended in most facilities as asocial-distancing measure to reduce the spread of COVID-19. All
fees should be suspended for phone calls during this time so people
can stay connected with their communities. Lack of contact withsupport systems leads to increased psychological distress andcould lead to increased violence among those who are confined andto those who work in these systems.
Proper Hygiene & Sanitization Procedures
Proper hygiene and sanitization must be ensured for people whoare incarcerated and those who work within the system. Freehygiene and sanitization products should be provided to eachindividual. Additionally, the frequency of sanitization of facilities
and common spaces should be increased to prevent the spread of

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illness. Last, free testing and treatment should be provided
immediately to those who exhibit symptoms of COVID-19.
Reduction in Incarceration for Probation & ParoleSupervision
We urge stakeholders to reduce the number of individuals that areincarcerated due to crimeless technical violations while undercommunity supervision. Alternatives to incarceration should beput in place for simple technical violations. In addition, we suggestthat more individuals should be placed on administrative
supervision, or have their supervision terminated, as appropriate.
Moreover, all fees and fines for incarceration and supervision
should be waived during this time of widespread economic distress.
Publication of COVID-19 Testing and Isolation Data inPrisons and Jails
Governor Beshear has made providing the public with accurate
information a priority in this time of crisis. To ensure public accessto vital information regarding the potential spread of COVID-19 in
Kentucky’s criminal justice system, the Commonwealth should
publish daily:
1) The number of incarcerated people in Kentucky’s prisonsand jails tested for COVID-19;
2) The number of tests that returned positive, negative, orremain outstanding; and,
3) The number of people in each prison or jail placed in
medical isolation, segregation, or quarantine.
States such as Ohio have already taken such measures2. Ensuringtransparency in this manner will help families, advocates, andstate and local leaders quickly identify and respond to COVID-19
outbreaks in the justice system.
In times of uncertainty and distress, strength is derived fromcoming together as a community, as a state, and as a nation. We
ask that the Governor mandate that jailers and various
stakeholders that are processing these releases coordinate withlocal service providers and public health experts so thatpeople have a successful reentry during this time and have access
2 See

Ohio Department of Rehabilitation and Correction, COVID19 Information (2020), https://www.drc.ohio.gov/Organization/
Research/Reports/COVID-19-Information.

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to the appropriate support services. Many local jurisdictions havealready implemented some of these suggestions and guidelines. Weurge the entire Commonwealth of Kentucky to create policies andprocedures that protect those who are incarcerated and those whowork within the criminal justice system. This is a public healthissue and we hope to see swift action taken to protect all membersof our communities.
Thank you for your time and consideration. We hope you and yourstaff are safe and healthy.
Sincerely,Amanda Hall
Field Organizer, Smart Justice
American Civil Liberties Union of Kentucky