April 01, 2020 RAPID RESPONSE

Expanding Pretrial Release in the Age of COVID-19

For years, criminal justice reform efforts have focused on reducing pretrial detention, particularly detention resulting from an inability to pay cash bail. While many jurisdictions have reduced or eliminated the use of cash bail, particularly for low-level offenses, more than 700,000 people across the country are still detained without having been found guilty of any crime. As COVID-19 has closed or limited courts and postponed jury trials, pretrial detention has become less definite in length. At the same time, concern about the potential spread of COVID-19 in jails has pushed justice system actors to search for ways to reduce jail populations. This webinar will explore several efforts to seek expanded release for those detained pretrial in response to COVID-19.

With heightened concerns nationwide about data confidentiality and diminished trust in the federal government, lawyers in all practice areas may find themselves being asked about the Census 2020, which begins nationwide in March, by their clients.
With heightened concerns nationwide about data confidentiality and diminished trust in the federal government, lawyers in all practice areas may find themselves being asked about the Census 2020, which begins nationwide in March, by their clients.

Welcome and Introduction

  • Judy Perry Martinez, President, American Bar Association; Of Counsel, Simon, Peragine, Smith & Redfearn

Panelists

  • Amelia Cramer, Chief Deputy Pima County Attorney in Tucson, Arizona
  • Lauren Gottesman, Staff Attorney, Criminal Defense Practice, Decarceration Unit, Legal Aid Society of New York
  • Corey Stoughton, Attorney-in-Charge, Criminal Defense Practice, Special Litigation Unit, Legal Aid Society of New York
  • Andrea Woods, Staff Attorney, ACLU Criminal Law Reform Project

Moderator

  • Malia Brink, Counsel for Indigent Defense, ABA Standing Committee Aid and Indigent Defendants

Joint Sponsors: Standing Committee on Legal Aid and Indigent DefendantsCriminal Justice Section

Co-Sponsors: ABA Center for Public Interest Law, ABA Coalition on Racial and Ethnic JusticeABA Commission on Hispanic Legal Rights & Responsibilities, ABA Commission on Racial and Ethnic Diversity in the ProfessionABA Commission on Sexual Orientation and Gender Identity, ABA Government and Public Sector Lawyers Division, ABA Section of LitigationABA Section of State and Local Government LawABA Senior Lawyers DivisionABA Standing Committee on Pro Bono and Public Service

Resources

Summary of Webinar - Expanding Pretrial Release in the Age of COVID-19

ABA Statement Re: Provisions for prisons and jails in COVID-19 economic stimulus package

NY COVID Mass Writ Manhattan

NY COVID Mass Writ Parole

NY Coronel v. Decker Petition Complaint

NY Memo of Law ISO Temporary Restraining Order

Harris County - Motion on Pretrial Release and COVID

Harris County - Model Order on Pretrial Release and COVID

Chart: Vulnerability of the Prison Population

CDC Interim Guidance on Management of COVID-19 in Correctional and Detention Facilities

Model Cover Letter - EO Governors and Policy Guidance

Model Executive Order - Controlling COVID-19 in Custodial Facilities

COVID-19 Bail Motion (TEMPLATE)

COVID Release Motion

MI Executive Order Local Jails and Halt MDOC Intake

35b COVID-9 Sentence Reduction

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