The Bail Project – Phoenix Urges Jail Releases Amid Coronavirus Spread

March 20, 2020

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Sheriff Paul Penzone
550 West Jackson
Phoenix Arizona 85003

RE: COVID-19 in Maricopa County jails

Dear Sheriff Penzone:

As the coronavirus pandemic continues to spread across the country, we urge you to prevent the spread of infection within Maricopa County’s jails by taking all available measures to reduce the jail population. With thirty-four confirmed cases in Maricopa County (latest as of 3/20/2020), it has become increasingly clear that the region will face serious harm from this deadly threat.¹ An outbreak of COVID-19 in the jails would be swift and deadly, and now is the time for decisive preventative measures.

COVID-19 poses severe infection risks whenever people are in close physical proximity with others, regardless of whether an individual shows symptoms. People in jail are unable to distance themselves from others and take the preventative measures that are necessary to fight infection.

Not only do jails force people into close physical proximity, the underlying health conditions that can cause infection or exacerbate harm are prevalent among incarcerated people.² This will make the spread of COVID-19 inside jails fast and lethal, threatening everyone incarcerated in a jail, along with their loved ones, jail staff, and the state’s public health infrastructure at large.

Despite this threat, law enforcement officers continue to book about 75 people per day into Maricopa County jails. The only safe way to ensure that the jails do not become a vector for COVID-19’s spread is to reduce the number of people who are incarcerated. This is particularly imperative for anyone who a judge has already approved for release pending payment of money bail and anyone charged with low-level offenses; failure to appear; or parole/probation violations. Release is also crucial for those who are elderly or have medical conditions that make them particularly vulnerable.

In contrast to reducing jail populations, restrictive measures such as lockdowns and limiting visitors cannot be expected to contain infection. While people often think of jails as closed environments, they are not. In a county jail, people are incarcerated for relatively short periods of time before returning to the outside community, and every day new people are booked into the facility as law enforcement continue making arrests. Jail staff and medical staff necessarily come and go everyday. This constant population turnover will compromise any effort to contain COVID-19, especially since people may be infected and contagious but not show symptoms for up to 14 days.

Reducing the jail population is consistent with the Sheriff’s obligation to safely manage jail populations and the guidance of correctional experts. Dr. Marc Stern, who served as Health Services Director for Washington State’s Department of Corrections, recently urged: “With a smaller population, prisons, jails, and detention centers can help diseases spread less quickly by allowing people to better maintain social distance.”³ Dr. Stern also explained that reducing the jail population will ease staffing burdens: “If staff cannot come to work because they are infected, a smaller population poses less of a security risk for remaining staff.” Jurisdictions across the country are taking steps for the immediate, mass release of people from their county jails.⁴

The Bail Project has worked since late October 2019 to provide free bail assistance to people detained pretrial in the Maricopa County jails. We have posted bail for over 150 people who then returned to court without any need for detention, even though their bail amount would otherwise have kept them incarcerated. We know from this experience that reducing the jail population to protect public health will be safe, lawful, and just.

Every time the county introduces another person to the jail environment, it is increasing the risk of spreading COVID-19 among the incarcerated population, jail staff, and the broader community. We recommend you undertake the following actions to limit that peril:

Prioritize immediate release for people who are most vulnerable. The county should release people who are at the highest risk of harm and death if they contract COVID-19.⁵ This includes, but is not limited to, older adults, pregnant women, people with respiratory conditions, people who are immunocompromised (including people who are HIV+), people with severe mental health conditions, and people with other chronic health conditions that make them particularly vulnerable to infection. Releasing these vulnerable groups from the jail immediately will avoid the need to provide complex medical care within the jail or transfer people to hospitals where capacity may be stretched thin and bedspace will likely be insufficient.
Cite and release people charged with misdemeanors and petty offenses. Arizona Statutes § 13-3903 authorizes law enforcement officials to issue a citation in lieu of taking the person to custody whenever a person is charged with a misdemeanor or petty offense. To preserve resources and prevent infection, law enforcement should issue citations and a notice to appear instead of booking people on all eligible arrests.
Halt arrests and booking for technical parole and probation violations. Technical violations punish behaviors that would not warrant incarceration for a person unless they were on parole or probation. Reducing this unnecessary incarceration will reduce the risk of spreading infection between jails and the community.
Halt transfers to ICE custody. Though people are no longer held in Maricopa County jails due to ICE holds, the Sheriff’s Office continues to transfer people to ICE custody. This practice puts immigrants accused of crimes at greater risk because of the high potential for outbreaks in immigration detention centers. Moreover, transfers between different detention systems are likely to contribute to the spread of COVID-19 among detained populations.
Protect meaningful access to legal counsel, pretrial support, and community and family support. Incarcerated people already experience prolonged isolation from their families and communities. Jails must take steps to ensure they do not further isolate incarcerated people, and they must avoid any restrictive measures that interfere with a person’s ability to obtain legal and other support to advance their case. Maricopa County should provide safe and accessible no-contact visitation options to families and defense council, such as no-cost virtual visitation and visitation behind glass, access to mail, and free phone calls to provide reassurance to families worried about their loved ones inside and increase access to defense counsel. Incarcerated people must also continue to have meaningful access to their court proceedings.
Ensure care and hygiene for people who remain incarcerated. The jail should follow changing public health protocols and coordinate with public health experts to communicate with staff and people in custody about preventative measures; provide adequate access to hygiene; and provide immediate testing and treatment to those who exhibit signs of infection. Access to care and hygiene must be made free, without commissary spending, co-pays, fees, or any other costs, which could discourage prevention and treatment.

These sensible steps will protect the public from outbreaks, while continued mass detention will not. We know this pandemic presents a range of challenges, and we share your commitment to ensuring the community’s safety and health. We urge you to take necessary action to save lives.

Sincerely,

THE BAIL PROJECT

KEALOHI AGUILAR
Site Staff Trainer, The Bail Project

ORLANDO ARENAS
Bail Disruptor, The Bail Project

JULIO ZUNIGA
Bail Disruptor, The Bail Project

KATHERINE ROBINSON
Staff Attorney, The Bail Project
katheriner@bailproject.org

Meg O’Connor, “Every Arizona Coronavirus case confirmed so far” (March 20, 2020).
Prison Policy Initiative, “No need to wait for pandemics: The public health case for criminal justice reform” (March 6, 2020).
Human Rights Watch, COVID-19 Threatens People Behind Bars (March 12, 2020).
Jurisdictions include New York City, Los Angeles, Oakland, and Cleveland. Prosecutors from across the country issued a joint statement urging reduction of detention and incarcerated populations.
U.S. Centers for Disease Control and Prevention, “People at Risk for Serious Illness from COVID-19” (March 10, 2020).

Thank you for reaching out. The Bail Project is in the process of expanding. At this time we can only serve individuals in cities where we have a site. If you or a loved one needs help paying bail in one of the following cities please select your location and complete the form below.

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The Bail Project - Phoenix serves people incarcerated at the Maricopa County Jail in the Maricopa County Superior Court system.

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The Bail Project - Jacksonville serves people who are incarcerated at the Jack E. Goode Pretrial Detention Facility, Montgomery Correctional Center, and Community Transition Center in Duval County, who have pending cases out of the Fourth Judicial Circuit Courts of Florida.

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The Bail Project - Orlando serves people who are incarcerated in Orange County and detained at the Orange County Corrections Department.

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The Bail Project - Pensacola serves people who are incarcerated in Escambia County and detained at the Escambia County Jail.

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The Bail Project - Atlanta serves people incarcerated in Fulton and Dekalb Counties.

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In 2021, Illinois became the first state to eliminate the use of cash bail entirely. In response, The Bail Project - Chicago is no longer providing bail assistance but has partnered with the Lawndale Christian Legal Center to support people coming out of pretrial detention on personal recognizance.

On July 1, 2022, a new law went into effect in Indiana restricting our ability to help low-income Hoosiers in need of bail. The Bail Project is currently challenging this law in court. At the current time, we have ceased providing free bail assistance in Indiana. Though our local branches are unable to accept referrals at this time, our teams in Gary and Indianapolis will continue supporting current clients of The Bail Project with court notifications, transportation assistance, and voluntary referrals to social services and community resources as needed.

The Bail Project - Louisville serves people incarcerated at the Metro Department of Corrections in the District and Circuit Court systems of Jefferson County.

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In New Orleans, The Bail Project has partnered with The Safety and Freedom Fund at Operation Restoration. Our partnership site serves people incarcerated at the Orleans Parish Prison in the Orleans Parish Criminal District Court system.

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The Bail Project - St. Louis serves people incarcerated at the St. Louis County Jail with cases in the St. Louis County Circuit Court.

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The Bail Project - Jackson serves people incarcerated across the state of Mississippi.

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The Bail Project - Flathead Reservation serves people incarcerated in the Confederated Salish and Kootenai Tribes Judicial court system and the Lake County jail.

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In New Bern, The Bail Project has partnered with the Craven County Community Bail Fund. Our partnership site serves people incarcerated at the Craven County Detention Facility in the Craven County Courthouse District 3B.

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The Bail Project - Cleveland serves people incarcerated at the Cuyahoga County Jail in the Cuyahoga County Common Pleas Court and the Cleveland Municipal Court systems.

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The Bail Project - Oklahoma City serves people incarcerated at the Oklahoma County Jail in the District Court of Oklahoma County court system.

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The Bail Project - Tulsa serves people incarcerated at the David L. Moss Criminal Justice Center in the District Court of Tulsa court system.

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The Bail Project – Greenville serves people who are incarcerated in the Greenville County Detention Center in the Greenville County 13th Judicial Circuit Court system.

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The Bail Project - Houston serves people incarcerated at the Harris County Jail in the District Court and County Courts-at-Law court systems.

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The Bail Project - San Antonio serves people incarcerated at the Bexar County Adult Detention Center in the District Court and County Courts-at-Law court systems. Additionally, our site in San Antonio serves people incarcerated at the Central Texas Detention Facility in the District and County Courts-at-Law court systems.

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The Bail Project - San Marcos serves people incarcerated at the Hays County Jail in the District Court and County Courts-at-Law court systems. Additionally, our site in San Marcos serves people incarcerated at the Travis County Jail in the District and County Courts-at-Law court systems.

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The Bail Project, Inc. is a nonprofit organization. We pay bail for people in need at no cost to them or their loved ones. We are an independent organization not affiliated with or a part of any law enforcement agency.

Our services are free of charge. If you receive an inquiry from someone claiming to be from The Bail Project and asking for money to pay bail for you or your loved one, please do not send any money. Instead reach out to us directly using this form or by giving us a call at (323) 366-0799.

You should not send us any confidential information in response to this webform. Whatever you disclose to us will not be privileged or confidential and The Bail Project, Inc. cannot protect this information if requested through a court.

The Bail Project – Phoenix Urges Jail Releases Amid Coronavirus Spread

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