Disparate impact of COVID-19 highlights inequities in NYS correctional system

Mariah Daly • May 26, 2020

Incarcerated people and officers at Rikers Island in New York, Sept. 8, 2017. Photo: Michael Kirby Smith/The New York Times/Redux


Formerly incarcerated Chief Strategist Khalil Cumberbatch of New Yorkers United for Justice (NYUJ) — a coalition consisting of 15 leading criminal justice reform organizations — testified today before the New York State Legislature Hearing on Disparate Impact of COVID-19 on Minority Communities. Cumberbatch called for more robust coronavirus testing among inmate populations. New York has trailed behind other states with regard to inmate testing. Experts point to major disparities in the data released by New York Department of Corrections and Community Supervision (DOCCS).


During the hearing, Cumberbatch urged legislators to address some of the inequities within the criminal justice system by conducting more mass testing in prisons. Despite only accounting for 37% of the state population, black and Latinx New Yorkers make up 72% of the state prison population and over 87% of the NYC city jail population. Cumberbatch pointed to an article published last week by the Daily News, revealing that the recent spike of inmate deaths as a result of the coronavirus is disparately impacting people of color. Since the first known COVID-19 death in a DOCCS facility on March 30, 27 inmates have died; over 80% of them were black.

Today, Cumberland testified:


“Mass testing in our prison facilities is absolutely critical to ensuring the health and safety of not only our incarcerated population, but also communities where correctional staff reside. Outside of the prison context, COVID-19 has had a terrible toll, on our communities of color, as has been reported in numerous media outlets and acknowledged by the CDC. If we do not have a clear picture of the spread of COVID-19 in our prisons, where social distancing and proper hygiene are near impossibilities, this disparate impact on New Yorkers of color will only worse.”


The World Health Organization’s states that a population positive rate over 10% indicates a severe lack of testing. Although the latest figures from the DOCCS currently indicate that the positive rate of individuals incarcerated in New York state prisons is 66%, as of May 15th, only 1.6% of the population has been tested. Among the prisons and jails that are releasing data, Rikers Island published a 9.6% positive rate and Otisville Prison an 8% rate. Cumberbatch argued that while New York leads the country in testing per capita, it lags behind states such as Texas, Michigan, Tennessee, Florida, Ohio, and Arkansas in mass prison testing. According to NYUJ, New York State has failed to properly develop a plan of action to implement mass coronavirus testing of inmates and to mandate the collection and release of relevant data by jails and prisons.

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Featuring Carmelo Anthony, Omari Hardwick, Calvin “Megatron” Johnson, and other cultural icons, the NYC event united artists, advocates, and changemakers to advance cannabis justice.
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NEW YORK, NY – September 24, 2025 – The Last Prisoner Project (LPP) will host its sold-out second annual Journey to Justice Gala on Wednesday, October 15, at Sony Hall in New York City, bringing together artists, advocates, and supporters to celebrate progress toward ending the War on Cannabis. This year’s gala will spotlight the resilience of individuals directly impacted by cannabis incarceration, sharing their stories through powerful performances and heartfelt tributes. Special guests include NBA All-Star Carmelo Anthony , co-founder of Grand National with Jesce Horton, and Brandon “Beedy” Pierce—an agency supporting LPP. Also in attendance will be NFL Hall of Famer Calvin Johnson , Eddie, and Dr. Wendy Osefo of The Real Housewives of Potomac , and comedian and actor Guy Torry , who will serve as the evening’s MC. Additional guests include Jason Flom , Khaliah Ali , and Fab 5 Freddy . The night will also feature a live performance by Joy Oladokun and Bartees Strange and a DJ set by Keith Shocklee , founding member of Public Enemy. “I’m just thrilled to lend a voice to such a noble cause, so that everyone who supports Happy Eddie through purchasing my products will know that no one should be in prison for something that is now legal in many states,” said Eddie Osefo, owner of Happy Eddie . “As we come together as a community to celebrate and advocate for criminal justice reform and lessening social stigmas around cannabis, we must remember to support organizations like LPP that provide prisoner support initiatives aiming to improve the lives of incarcerated constituents by providing them with financial and emotional support during their time behind bars." The gala will honor LPP constituents who have returned home and are now advocating for others. Award recipients include Mario Ramos , who served 13 months for cannabis before opening his New York City dispensary, Conbud, and Deshaun Durham , granted clemency by Kansas Governor Laura Kelly last year, who now champions reform efforts. The evening will also recognize the work of LPP’s Cannabis Justice Initiative (CJI) , which has saved constituents more than 350 years of unjust sentences, including seven life sentences. Additional honorees include Leonel Villaseñor and Jose Sepulveda, two federal clemency recipients who returned home earlier this year. Stephanie Shepard, who served a 10-year federal sentence and is now Board Chairwoman and Director of Advocacy at Last Prisoner Project , said, “The Journey to Justice Gala is a powerful celebration of freedom and the lives forever changed through our work. This year, we’re honored to uplift several of our formerly incarcerated constituents—like DeShaun Durham, who is now thriving and leading in his community after years behind bars for cannabis. Your attendance helps us raise the critical funds needed to support more stories like his. Join us for a night of purpose, progress, and people power.” Proceeds from the sold-out event will directly support Last Prisoner Project’s legal, policy, and reentry programs, ensuring their longevity and impact. Last Prisoner Project thanks its sponsors — Goodwin, DeLisioso, Gotham, Grand National, General Hydroponics, Vladick, Raskin and Clark, Edie Parker, Free My Weedman, Happy Eddie, Primitiv, GTI, iAnthus, ConBud, Ethos Cannabis, BATCH, PuffCo, Sweed, and Ben and Jerry’s— for making this evening possible. Additional thanks go to newly added sponsors Dutchie, Ayrloom, Emerald Dispensary, Flower Mill, 3isFor, and Canopy USA. For more information or to view sponsorship packages, visit the Last Prisoner Project Gala website. For Media Inquiries: Will Mesinger, West End Strategy Team wmesinger@westendstrategy.com | LPP@westendstrategy.com
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