FINAL COMMISSION REPORT
Introduction
In the United States and across the globe, the coronavirus pandemic has damaged and destroyed millions of lives. It has devastated economies and disrupted daily patterns. At the time of this report’s release, more than 14 million Americans were infected with the COVID-19 virus, resulting in over 282,000 deaths. More than 22 million jobs had been lost, and only slightly more than half had been recovered. Even with the impending arrival of effective vaccines, infections and deaths across the country continued their ominous rise.
“The pandemic has been a magnifying glass. We always knew these issues were there, but now we can see them up close.”
Hon. Tina Nadeau
The nation’s criminal justice system has not been spared. Since the pandemic began, nearly 220,000 incarcerated individuals and more than 48,000 correctional employees have tested positive for the coronavirus, and more than 1,500 of those individuals and more than 90 staff have died. Hundreds of thousands of others who police the nation’s neighborhoods, operate its courthouses, and serve justice-involved people in the community have also contracted the virus, leading to hundreds of lives lost. Many difficult lessons can be drawn from the pandemic. The virus highlighted existing challenges in the criminal justice system while exposing new weaknesses. To build a stronger, fairer, more resilient system, public safety leaders must respond by examining, and addressing, each failure. They must prepare for the next public health crisis, even as they recover from the current one.
“Those who fail to learn from history are doomed to repeat it. If COVID-19 has taught us anything, it has taught us the importance of preparedness.”
Mayor Eric Johnson
The National Commission on COVID-19 and Criminal Justice was established by the Council on Criminal Justice to support policymakers and practitioners in this endeavor. Since July 2020, the Commissioners have undertaken their mission to:
- Evaluate the pandemic’s impact on the four major sectors of the justice system (law enforcement, courts, corrections, and community programs);
- Identify the most effective ways to minimize the spread of COVID-19 and the impact of future pandemics on the proper functioning of the justice system, and on the people who work in and are served by it; and
- Establish a priority agenda of policies and practices that should change, or remain changed, based on what the pandemic and response have revealed about the system’s fairness and effectiveness, particularly for communities of color.
The rapid spread of the coronavirus and the pace of evolving knowledge demanded that Commissioners work quickly. To provide ongoing guidance to criminal justice leaders, the Commission published a stream of reports and updates on the pandemic’s impacts on the system and on trends in crime rates. Those reports can be found here. On Oct. 1, the Commission released its interim report, Recommendations for Response and Future Readiness. This report, based on the best data, research, and expertise available at the time, offered concrete recommendations to immediately control the spread of the virus in the criminal justice system. The recommendations were cross-cutting as well as sector-specific, addressing the four key components of the system: policing, courts, corrections, and community-based organizations. These recommendations can be found here. This report fulfills the third and final charge of the Commission: to establish a priority agenda for a post-pandemic criminal justice system, based on lessons learned since the emergence of COVID-19.
“When we look at people in prison, we should ask ourselves, 'What if it was your son, your wife, your favorite uncle, who was incarcerated?' We have to treat individuals in the system with humanity and respect."
Desmond Meade
Guiding Principles
America’s criminal justice leaders spent 2020 confronting a formidable challenge: how does our nation balance health, safety, and justice in the midst of a global pandemic? This question foiled easy answers. The coronavirus pandemic is not the first public health crisis to impact the criminal justice system. Substance use and mental health disorders, along with communicable diseases like HIV, tuberculosis, and hepatitis, continue to challenge the system. That said, none of these can match the massive and immediate impact of COVID-19 on the criminal justice system and Americans more generally. While exposing and exacerbating longstanding challenges, the spread of COVID-19 also created new ones. As the Commission has documented, infection and mortality rates continue to rise among those held by and working in our prisons and jails, access to mental health and substance use treatment has been sharply curtailed, and racial and ethnic disparities persist. Thousands of police officers have been infected with the virus, leading to more than 150 deaths. The pandemic has also created opportunities for the nation to do better – to use the lessons learned from this unprecedented experience to improve outcomes in law enforcement, courts, prisons, and community-based organizations well after COVID-19 has subsided. With this in mind, the Commission urges criminal justice leaders to adhere to the following guiding principles as they continue to combat COVID-19 and plan for recovery and rebuilding:
1
Be bold, embracing new opportunities for significant and lasting reform.
The pandemic and protests against police violence have elevated the criminal justice system’s shortcomings to the top of the public’s consciousness. Policymakers have an obligation to respond to this widespread desire for change by driving innovation and reevaluating policies that, just a year ago, seemed set in stone. The health and safety of the nation’s communities, as well as the legitimacy of our justice system, depend upon it.
2
Recognize the humanity of individuals impacted by and working in the system.
People incarcerated in jails and prisons are particularly vulnerable to public health threats like the coronavirus pandemic, with little ability to make decisions about their healthcare, safety, and wellbeing. Leaders should renew their commitment to safeguarding the welfare and respecting the dignity of justice-impacted individuals and their families, protecting, informing, and caring for them similar to other high-risk populations. Likewise, the pandemic exacerbated the risks for police, correctional officers, and others working in the criminal justice system, many of whom occupy roles that place them in harm’s way to protect the public. Leaders should prioritize and protect the physical and mental health of the justice system workforce, treating them like other essential frontline professionals.
“Regardless of where we are in life, we all need to be treated with dignity. That includes police officers, court personnel, corrections officials, and healthcare workers. Everyone should be seen as human beings with value.”
Charlie Beck
3
Embrace innovation as a means of overcoming challenges.
New technologies such as videoconferencing have played an important role in reducing the spread of COVID-19 by allowing the continuation of critical criminal justice operations and at least partial access to much-needed services and support. Adoption of such technologies and their associated practices has occurred at an unprecedented rate, creating opportunities to maintain health, increase access, and improve efficiency throughout the system. Criminal justice leaders should continue to maximize the benefits of such innovations while being mindful of their potential risks. More research is needed to fully understand the impact of these rapid changes, and leaders should ensure that new technologies expand access to justice and services, protect individual rights, and reduce racial and ethnic disparities.
4
Build equity, trust, and confidence.
There is an ongoing crisis of confidence in the nation’s criminal justice institutions that has been exacerbated by the coronavirus pandemic. While racial, ethnic, and economic disparities in the justice system are well documented, the pandemic revealed additional layers of stress and inequality. Many states have made progress in reducing prison populations and developing alternatives to incarceration, but the overall level of imprisonment remains high and troubling disparities in arrests, sentencing, and imprisonment endure. To rebuild trust and restore confidence, policymakers should proactively seek equity and place the voices of impacted communities front and center.
“It has become increasingly clear that we are all in this together, that what impacts others, incarcerated or not, impacts us all.”
Jo-Ann Wallace
Finally, leaders should be mindful of a key lesson taught by the pandemic: that we are all connected, and that the health of others affects our own. In a time of division and mistrust, a shared sense of humanity and empathy across all those impacted by and working in the criminal justice system can help us bridge our differences and draw closer together.
