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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.

By Stephen Post 19 Apr, 2024
Congressional Leaders, Grassroots Organizations & Cannabis Industry Activists Call for Decriminalization during 420 Unity Day of Action Multi-Day Activism Concludes with Moving White House Candlelight Vigil Honoring those Still Incarcerated and their Families PRESS HERE to Download Photos + Videos from the Week’s Events Washington D.C., April 19 – Over the past several days, Last Prisoner Project (LPP) has been mobilizing the largest coalition of bipartisan cannabis advocacy, industry, and grassroots organizations, as well as individual activists to convene in Washington D.C. for a 420 Unity Day of Action . A number of lobbying events applied public pressure on Congress and President Biden, encouraging them to take action to fully legalize cannabis, free those still in prison and clear cannabis-related convictions. Although 24 states and D.C. have legalized adult-use cannabis sales and the vast majority of the U.S. population now lives in states with some form of legal cannabis, tens of thousands of people remain in state and federal prison and millions still suffer the collateral consequences of a criminal record for the same activity others now profit from. Advocates were joined by several elected officials who have been leading the fight for cannabis reform including Sen. Ron Wyden (D-Oregon), Rep. Earl Blumenauer (D-Oregon), Rep. Ayanna Pressley (D-Massachusetts) who spoke during Wednesday’s press conference in front of the U.S. Capitol, and the next day Rep. Ilhan Omar (D-Minnesota) spoke to advocates at the Capitol Visitor Center before Lobby Day meetings with elected officials from both parties including Sen. Cory Booker (D-New Jersey), Sen. Chuck Schumer (D-New York), Sen. Kirsten Sinema (D-Arizona), Sen. John Fetterman (D-Pennsylvania), Sen. Bill Cassiday (R-Louisiana), Sen. Mark Warner (D-Virginia), and others to call for the full legalization of cannabis, the removal of criminal penalties and retroactive relief. Specifically, advocates called on lawmakers to co-sponsor one of the three pieces of legislation which would federally legalize cannabis, the MORE Act , States Rights Act , and the soon to be re-introduced CAOA , as well as the HOPE Act , which was introduced in the Senate on Thursday and would provide funding for state-level expungement programs. Capping off 48 hours of lobbying and activism, formerly incarcerated LPP constituents Bryan Reid , Kyle Page , Donte West and Andy Cox , and families of those still incarcerated including Mitzi Wall and Alicia Deals , were joined by hundreds of advocates for a candlelight vigil in front of the White House to honor all those harmed by cannabis criminalization. Throughout the week, directly-impacted advocates were joined by celebrity voices including Rosario Dawson, M-1 of Dead Prez, and JoJo Simmons who used their platforms to spread the calls to decriminalize far beyond the capital. This advocacy work to broaden the movement and get people engaged on these issues will continue throughout the weekend as the 4/20 Unity events culminate with the National Cannabis Festival taking place today and tomorrow (April 19-20) at RFK Campus Festival Grounds which includes educational panels and a fireside chat with Last Prisoner Project Board Member M-1 . The weekend will conclude with a concert headlined by Thundercat and Wu-Tang Clan with Last Prisoner Project Ambassador Redman . To join the fight for cannabis justice, contact your elected officials by sending them a letter and calling their offices urging them to decriminalize cannabis now. Photo Credit: Ben Droz The bipartisan advocacy groups that joined LPP this week included: Drug Policy Alliance (DPA) ( @drugpolicyalliance )⁣⁣ Students for Sensible Drug Policy (SSDP) ( @ssdpofficial )⁣⁣ NORML ( @natlnorml )⁣⁣ Veterans Cannabis Coalition ( @veteranscannacoalition )⁣⁣ Parabola Center ( @parabolacenter )⁣⁣ Reason Foundation⁣⁣ Law Enforcement Action Partnership⁣⁣ (LEAP) ( @leactionpartnership ) National Cannabis Festival ( @natlcannabisfest )⁣⁣ National Craft Cannabis Coalition⁣⁣ ( @nationalcraftcannabiscoalition ) National Cannabis Industry Association (NCIA)⁣⁣ ( @nationalcannabisindustry ) Minority Cannabis Business Association (MCBA)⁣⁣ ( @mincannbusassoc ) Indigenous Cannabis Industry Association (ICIA) ( @indigenouscannabisindustry )⁣⁣ Asian Cannabis Roundtable⁣⁣ ( @asiancannabisroundtable ) National Association of Black Cannabis Lawyers (NABCL) ( @nabcl_llc ) FreedomGrow ( @FreedomGrowForever ) Marijuana Justice ( @thcjusticenow ) Doctors for Drug Policy Reform ( @d4dprorg ) United Food and Commercial Workers (UFCW) ( @ufcwunion ) Bay Area Latino Cannabis Alliance (BALCA) ( @balca_bayarea ) Supernova Women ( @supernovawomen ) Minorities for Medical Marijuana ( @m4mmunited ) Better Organizing for Winning Legalization ( @thebowlpac ) Midwest Cannawomen ( @midwestcannawomen ) DCMJ ( @DCMJ2014 ) Just Leadership USA (JLUSA) ( @justleadershipusa ) National Association of Criminal Defense Lawyers ( @nacdl ) United For Decrim Marijuana Policy Project (MPP) ( @marijuanapolicyproject ) ABOUT LAST PRISONER PROJECT Last Prisoner Project is dedicated to freeing those incarcerated due to the War on Drugs, reuniting their families, and helping them rebuild their lives. As laws change, there remains a fundamental injustice for individuals whose conviction is no longer a crime. We work to repair these harms through legal intervention, constituent support, direct advocacy, and policy change. Visit www.lastprisonerproject.org or text FREEDOM to 24365 to learn more. Follow Last Prisoner Project: Instagram | LinkedIn | X/Twitter | Facebook For Media Inquiries: Linda Carbone & Katie Leggett PRESS HERE linda@presshereproductions.com | katie@pressherepublicity.com Stephen Post Last Prisoner Project’s Strategic Communications Manager stephen@lastprsionerproject.org | press@lastprisonerproject.org
By Frank Stiefel 18 Apr, 2024
Statement from Frank Stiefel Senior Policy Associate Last Prisoner Project Hawai’i Legislature Sends Bill to Governor Green that will Provide Retroactive Relief for Those Criminalized for Cannabis Possession April 18, 2024 House Bill 1595 (HB 1595), which would create a pilot for the creation of a state-initiated expungement process for individuals with non-conviction records for cannabis possession, has been passed by the Hawai’i Legislature and now awaits Governor Green’s signature. Over the past year, Last Prisoner Project (LPP) has been working with Representative David Tarnas, Chair of the Hawai'i State House Committee on Judiciary and Hawaiian Affairs, to figure out relief pathways for those criminalized during cannabis prohibition. Our work with Representative Tarnas led to him introducing HB 1595 at the start of this year, which would begin to address the injustices perpetrated during the War on Drugs through the creation of a state-initiated expungement process for individuals with a criminal record for cannabis possession. On March 1st, Representative Tarnas invited LPP to participate in an informational briefing on the importance of cannabis record clearance . During the briefing, we gave a presentation on the landscape of cannabis record clearance and how HB 1595 could begin to dismantle the racial injustices that the criminal legal system has perpetuated during prohibition in Hawai’i. The Hawai'i Criminal Justice Data Center (HCJDC) also participated in the briefing and presented data showing that approximately 40,000 of the 50,000 criminal records that are eligible under HB 1595 are for non-convictions. This means that 40,000 individuals have been found not guilty of any criminal wrongdoing, yet they still carry a criminal record for cannabis possession. Since the briefing on March 1st, HB 1595 has been amended to reflect the preferred approach of the Department of the Attorney General. The bill now outlines the creation of a pilot for the implementation of a state-initiated expungement process for non-conviction records of cannabis possession. Our hope is that HB 1595 will be a blueprint for how Hawai’i can begin to provide retroactive relief to the thousands of individuals who continue to suffer the consequences of having a criminal record for cannabis possession, an offense that has been decriminalized since 2019. “I believe our state has an obligation to ensure that individuals who continue to suffer the consequences of an outdated law have an opportunity to finally move on with their lives. HB 1595 represents the first step for Hawai'i to expand the relief offered by record clearance to a greater number of individuals who have a criminal record for cannabis possession. My hope is that this pilot project will demonstrate that Hawai'i can grow this state-initiated expungement process to ensure that every individual that has been affected by a criminal record for cannabis possession is provided retroactive relief,” said Representative David Tarnas. There are now 24 states that have passed laws to create cannabis-specific expungement processes. Similarly, the inclusion of criminal justice policies has become commonplace for states that have sought to legalize adult-use cannabis. Since 2018, 13 of the 14 states that have legalized cannabis have included record clearance policies, and since 2021, they have all been state-initiated. We look forward to continuing to work with legislators in Hawai’i to create systems that can provide retroactive relief for the thousands of individuals who have been criminalized during prohibition. About Last Prisoner Project The Last Prisoner Project, 501(c)(3), is a national nonpartisan, nonprofit organization focused on the intersection of cannabis and criminal justice reform. Through policy campaigns, direct intervention, and advocacy, LPP’s team of policy experts works to redress the past and continuing harms of unjust cannabis laws. We are committed to offering our technical expertise to ensure a successful and justice-informed pathway to cannabis legalization in Hawai'i.
By Stephen Post 17 Apr, 2024
Today Last Prisoner Project (LPP), alongside other partner organizations, hosted a 420 Unity Day of Action press conference at the House Triangle in front of the U.S. Capitol building where we were joined by elected officials who have been leading the fight for cannabis reform including Sen. Ron Wyden (D-Oregon), Rep. Earl Blumenauer (D-Oregon), and Rep. Ayanna Pressley (D-Massachusetts) to encourage their colleagues on both sides of the aisle to end the hypocrisy of cannabis criminalization. Rep. Pressley said that, “criminalizing marijuana is part of the failed war on drugs and sustained a mass incarceration crisis that has ravaged our communities, destabilized our amilies and inflicted generational trauma. When we’re talking about the war on drugs, cannabis justice and the shameful crisis of mass incarceration, there are no excuses for the problem. No excuses, but there is a solution—and clemency is a part of that solution.” She continued saying, “Cannabis justice is racial justice. Cannabis justice is economic justice. Cannabis justice is reparative. It is restorative justice. And the time to act is now. “The War on Drugs has failed, and it’s past time that cannabis be descheduled,” said Wyden. “That’s why I am proud to join forces for the 420 Unity Day of Action to bring America’s cannabis policies into the 21st century. But we can’t stop at descheduling. Congress must do more to repair the harm caused by a decades old-drug war—like passing the Cannabis Administration And Opportunity Act I introduced with Leader Schumer and Senator Booker. Meaningful cannabis reform will ensure communities of color receive equal justice and pave the way for small businesses to thrive in their local communities." Rep. Blumenauer said, “Forces are aligned to be able to end this failed war on drugs and mobilize unprecedented support across the country. And, frankly, the Biden administration has been doing a little realignment, which I welcome. But it’s time to not just realign but get it done. President Biden, if I was interested in mobilizing young people—if I was interested in energizing them—this is a no-brainer.” On April 18th, Rep. Ilhan Omar (D-Minnesota) joined advocates to convene at the U.S. Capitol Visitor Center Auditorium at 9 a.m. for Lobby Day programming and meetings with elected officials and their staff to apply public pressure on Congress and the President to take action to fully legalize cannabis, free those still in prison, and provide retroactive relief. Capping off the 420 Unity Day of Action, the public is invited to attend a candlelight vigil in front of the White House at Lafayette Square on April 18 from 7-10 p.m . For supporters who can’t make it to D.C. but would still like to join our fight for cannabis justice, we encourage you to contact your elected officials by sending them a letter and calling their offices urging them to decriminalize cannabis now. 420 Unity Day of Action is part of the National Cannabis Festival which takes place at RFK Campus Festival Grounds on April 19th and 20th where directly-impacted advocates will join celebrity voices like M-1 of Dead Prez and JoJo Simmons for multiple panel conversations with partners on how we can push the movement forward. This will culminate with headlined concerts by Thundercat and Wu-Tang Clan with Redman . Thanks to the broader array of advocate groups spanning across political boundaries that are supporting the 420 Unity Day of Action: Last Prisoner Project (LPP) ( @lastprisonerproject ) Drug Policy Alliance (DPA) ( @drugpolicyalliance )⁣⁣ Students for Sensible Drug Policy (SSDP) ( @ssdpofficial )⁣⁣ NORML ( @natlnorml )⁣⁣ Veterans Cannabis Coalition ( @veteranscannacoalition )⁣⁣ Parabola Center ( @parabolacenter )⁣⁣ Reason Foundation⁣⁣ Law Enforcement Action Partnership⁣⁣ (LEAP) ( @leactionpartnership ) National Cannabis Festival ( @natlcannabisfest )⁣⁣ National Craft Cannabis Coalition⁣⁣ ( @nationalcraftcannabiscoalition ) National Cannabis Industry Association (NCIA)⁣⁣ ( @nationalcannabisindustry ) Minority Cannabis Business Association (MCBA)⁣⁣ ( @mincannbusassoc ) Indigenous Cannabis Industry Association (ICIA) ( @indigenouscannabisindustry )⁣⁣ Asian Cannabis Roundtable⁣⁣ ( @asiancannabisroundtable ) National Association of Black Cannabis Lawyers (NABCL) ( @nabcl_llc ) FreedomGrow ( @FreedomGrowForever ) Marijuana Justice ( @thcjusticenow ) Doctors for Drug Policy Reform ( @d4dprorg ) United Food and Commercial Workers (UFCW) ( @ufcwunion ) Bay Area Latino Cannabis Alliance (BALCA) ( @balca_bayarea ) Supernova Women ( @supernovawomen ) Minorities for Medical Marijuana ( @m4mmunited ) Better Organizing for Winning Legalization ( @thebowlpac ) Midwest Cannawomen ( @midwestcannawomen ) DCMJ ( @DCMJ2014 ) Just Leadership USA (JLUSA) ( @justleadershipusa ) National Association of Criminal Defense Lawyers ( @nacdl ) United For Decrim Marijuana Policy Project (MPP) ( @marijuanapolicyproject )
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