COVID-19 Decarceration Efforts

Update as of 12/11/2020: According to the DPS website, there are 6,493 positive tests (17.6%) in North Carolina prisons, which is far above the 11% positive test rate amongst the state's overall population. To date, 26 people incarcerated in our state's prisons have died from COVID-19. (data as of 12/11 3:00pm EST)

Despite these rising numbers, we continued to receive reports of noncompliance with Judge Rozier's court order as it relates to the use of solitary confinement as a form of medical isolation, lack of access to appropriate sanitation materials and PPE, as well as retaliation against individuals who discuss the conditions inside the prison with outside parties.

After a hearing on December 4th, 2020, Judge Rozier appointed Thomas Maher, Executive Director of Center for Science and Justice at Duke University, as a Special Master in the case to oversee Protections for People Incarcerated During the Pandemic. We look forward to working with the Special Master to implement steps that can save the lives of North Carolinians. Read the press release here

Here's What We're Doing:

Since early March, we have been urging Sheriffs, Judges, District Attorneys, Law Enforcement Personnel, Secretary Hooks, and Governor Cooper to take immediate, bold action to prevent the spread of COVID-19 in North Carolina jails and prisons, and save lives. 

We joined a coalition of organizations across the state urging officials to take the appropriate actions to protect the health and human rights of those who are incarcerated. We've supported our movement partners, started petitions, hand delivered letters, held a Twitter storm that reached millions, called offices, and participated in car rallies advocating for the release and safety of our incarcerated loved ones. Yet, for weeks, we received NO response from Secretary of the North Carolina Department of Public Safety, Erik Hooks; Deputy Secretary of Juvenile Justice, William Lassiter; or Governor Roy Cooper. 

With lives at stake, this was simply unconscionable. So on April 8, 2020, we took historic action, and filed a mandamus petition in the North Carolina Supreme Court on behalf of the NC NAACP and people who are currently incarcerated against the Governor and Department of Public Safety. We took this unprecedented step in partnership with ACLU-North Carolina, Disability Rights NC, Emancipate NC, and the National Juvenile Justice Network, and attorney Irv Joyner in an effort to save countless lives. 

We specifically requested that Governor Cooper and Secretary Hooks prioritize release for people who: 

• Are 65 and older and therefore have a higher risk of contracting COVID-19
• Have an underlying disability or medical conditions  that put them at increased risk for serious harm or death from COVID-19 according to the CDC
• Have a projected release date within the next 12 months, or who are currently approved for work release
• People who are pregnant

On April 21, after the North Carolina Supreme Court denied a petition to take up the case, we filed a complaint for declaratory and injunctive relief and a petition for writ of mandamus in Wake County Superior Court to ensure that Governor Cooper and other public officials take action to stop the spread of COVID-19 in North Carolina prisons. On April 28th we presented our arguments, and on May 13th our motion was denied. On May 15, 2020 we filed a motion for clarification and request for a hearing.

On June 16th, Judge Rozier ruled in our favor, granting a preliminary injunction in the lawsuit and ordered that immediate action to be taken to stop the spread of COVID-19 in North Carolina Prisons.

The judge found that the State displayed three forms of deliberate indifference in the way they have handled the outbreak so far. As a result, the State has been ordered to take several corrective actions including:

• Develop a plan for testing ALL people who are currently incarcerated inside state prison.
• Stop all transfers between facilities unless they are urgent and or medically necessary
• Provide weekly reports on the number of positive cases and tests completed.
• Document steps taken to comply with recommended CDC guidelines to mitigate the spread of the virus
• The court has also appointed a special liaison to the case to assist with communication, advisement and compliance.

*Source