Prioritize those incarcerated by and working within the criminal justice system for pandemic response, including providing early access to vaccines and personal protective equipment.

The Advisory Committee on Immunization Practices (ACIP) for the Centers for Disease Control (CDC) has identified four goals to guide the prioritized allocation of vaccines: decreasing death and serious disease as much as possible; preserving the functioning of society; reducing the burden the disease places on individuals already facing disparities; and increasing overall health and well-being. The ACIP identified four ethical principles to guide their decision-making: maximizing benefits and minimizing harms; mitigating health inequities; promoting justice; and promoting transparency. The ACIP has already recommended health care providers and residents and employees of long-term-care facilities for inclusion in “Phase 1a” of vaccine distribution. Police and corrections officers, among others, will be included in “Phase 1b” distribution. The Commission joins other organizations, such as the American Medical Association, in recommending that people incarcerated in the nation’s prisons and jails receive priority consideration for vaccines and other essential resources for stopping the spread of the virus. Specifically, the Commission recommends including such individuals in “Phase 1b,” along with other essential workers in the criminal justice system, including but not limited to court and community corrections officials in frequent contact with the public. As detailed in the Commission’s interim report and elsewhere, COVID-19 and other infectious diseases pose outsized risks to those confined by the criminal justice system. Many of the largest reported clusters of COVID-19 infections are in correctional facilities, and the disparities between correctional and community COVID-19 rates are increasing. To maintain public health as well as public safety, frontline staff and incarcerated individuals should be among those who are given priority access to vaccines, personal protective equipment, and other public health resources as they become available.

At all levels of government, establish standing coordinating panels for public health emergency preparedness.

At each level, these panels should coordinate their planning across policing, courts, corrections, community-based organizations, and the public health system. To increase public health preparedness, it is critical to coordinate the activities of the public safety and health fields, meaning that principals from key agencies in both professions, as well as their staffs, should be fully engaged. Channels for both routine and emergency communication must be established. Special outreach efforts should be made to identify, engage, and empower community-based organizations and their leaders to participate meaningfully in these processes, identifying concrete roles and resources accordingly. Emergency management leaders and their organizations should also participate in these preparedness activities. These activities should include active simulations, drills, and exercises to develop plans, practice responses, and identify gaps in realistic public health emergency scenarios. Processes should be integrated across sectors and levels of government to reflect the interconnected nature of public health emergencies (e.g., that infectious individuals often pass through multiple sectors and systems, necessitating an integrated response). In addition, criminal justice systems, given their size and complexity, should be connected more directly to broader public health preparedness efforts at the national, state, and local levels.

Support state and local emergency planning through federal training, technical assistance, and funding.

Clear and consistent federal leadership is essential both in response to and in preparation for a public health emergency. Such leadership should originate in the White House, potentially with the reestablishment of the Directorate of Global Health Security and Biodefense inside the National Security Council. At minimum, the Departments of Justice, Health and Human Services (including the CDC), and Homeland Security must participate in these planning processes.

“We need to acknowledge those working in black and brown communities across the country, those who are providing powerful supports to maintain public safety. We cannot let them be erased.”

Pastor Michael McBride

Build community-based capacity to provide services to justice-involved populations during public health emergencies.

In its interim report, the Commission recognized community-based organizations as co-equals alongside the traditional criminal justice sectors of policing, courts, and corrections. Nongovernmental organizations are a vital component of the criminal justice system and should be treated accordingly. In the context of the coronavirus pandemic and other public health emergencies, organizations that provide reentry, rehabilitation, victim services, and other support can provide much needed flexible capacity. Fully engaging such organizations will allow the traditional system of correctional control and supervision to more quickly and efficiently limit contact, maximize distance, and reduce population density inside facilities, while also ensuring continued services for and supervision of those serving sentences. For instance, READI Chicago, which provides cognitive behavioral therapy and subsidized employment to individuals at the highest risk for gun violence, has deployed staff and participants to provide culturally competent community education about COVID-19 and how to stay safe. This is only one example of the myriad ways that nongovernmental organizations filled gaps in vital services to their communities during the pandemic. As was documented in a recent report to the Commission, poor people of color are disproportionately victimized by crime, burdened by the criminal justice system, and impacted by the coronavirus pandemic. Community-based organizations can add critical capacity for addressing all three challenges. To maximize the effectiveness of community-based organizations in a crisis, criminal justice leaders should proactively engage them in planning and capacity building. Emergency plans should provide contract flexibility to allow for new activities and support in the case of a public health emergency, as well as providing those organizations with ongoing sources of funding. A stable, robust ecosystem of community-based organizations will be well-positioned to contribute during a public health crisis. Using set-asides and other budget tools, funds should be dedicated not just to program activities, but also to general operating support. Whenever possible, those working at community-based organizations should be provided more favorable wages, benefits, and pathways for advancement than what exists today.