P.O. Box 32159
Newark, NJ 07102

AMOL SINHA
Executive Director

Tel: 973-642-2086
Fax: 973-642-6523

973-854-1716
asinha@aclu-nj.org

info@aclu-nj.org
www.aclu-nj.org

VIA EMAIL
March 31, 2020
Hon. Philip D. Murphy
Governor
225 W. State Street
Trenton, NJ 08625
Dear Governor Murphy,
I hope this letter finds you recovering from your recent surgery despite the demands on
you, and that your family is also in good health. We deeply appreciate the leadership you and
your administration have demonstrated during this time of crisis. As you are well aware, the
novel coronavirus is endangering the lives of everyone in our state. We are grateful that you have
reiterated your concern for all New Jerseyans, including those who are often ignored by
mainstream society, such as people in prison. Those who are incarcerated in New Jersey’s jails
and prisons, corrections officers, and civilian staff working in these facilities—where social
distancing is virtually impossible—are particularly at risk to the spread of coronavirus.
We have received dozens of calls from family members of incarcerated people expressing
their uncertainty and fear. Their concerns are well-founded: at least 132 inmates and 104 staff in
jails across New York City tested positive for COVID-19 on March 28, 2020; the virus appears
to be spreading quickly through that jail system. 1 The first reported coronavirus-related death of
a federal prisoner occurred in Louisiana, after the prison experienced a disastrous spread of the
virus among incarcerated people and corrections staff. 2 In New Jersey, at least four correctional
police officers have already tested positive for the virus. 3 New Jersey currently has the
opportunity to reduce the likelihood of the tragic outcomes elsewhere, but not without
meaningful and prompt executive action.
Many incarcerated people will fall sick or die during this pandemic. This outcome is
equally true for prison and jail staff, those they may come in contact with, and those they may
bring the virus home to. Put simply: as go our prisons and jails, so goes our state. Failing to
contain the pandemic there allows for community spread outside the walls of these institutions.
1

See https://www.reuters.com/article/us-health-coronavirus-usa-inmates-insigh/spread-ofcoronavirus-accelerates-in-u-s-jails-and-prisons-idUSKBN21F0TM
2

See https://www.washingtonpost.com/national/an-explosion-of-coronavirus-cases-cripples-afederal-prison-in-louisiana/2020/03/29/75a465c0-71d5-11ea-85cb-8670579b863d_story.html
3

See https://www.nj.com/coronavirus/2020/03/as-prison-coronavirus-cases-rise-nj-officerswant-hazard-pay-and-their-own-testing-center.html
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 The burden this potential failure could place on our already taxed hospitals could affect
thousands of people with no connection to the carceral system at all. There are, however, tools
we can use to curb the spread.
The enclosed memorandum presents several options for your administration to consider
that could provide life-saving relief to two large groups of people: those people incarcerated in
New Jersey and the staff who are adjacent to those incarcerated persons every day. Some options
include unilateral actions, while others consist of agency responses through the Department of
Corrections or Parole Board. As this moment demands moving past the use of subtleties, let us
be plain: a failure to significantly reduce the prison population in this moment means that people
will die. Every day that we do not move with urgency concerning those living or working in
prisons is another day that lives are put at risk.
We understand the legitimate concerns about access to stable housing and social services
for those who might be released at this time. There are reentry-specific organizations willing to
provide crucial supports during the pandemic. Additionally, networks of advocates working in
the fields of housing, economic justice, health, criminal justice, and workers’ rights have been
activated and have begun to coordinate their efforts in response to COVID-19. These groups,
with far-reaching community ties and on the ground networks (some that reach inside the State
prisons and jails due to the incarceration of loved ones), stand ready to assist in coordinating
support access across the state. As one example of response, New Jersey Re-entry Corporation
has launched a 24/7 hotline for people who are released and need crucial services in this crisis.
With state support, fiscal and otherwise, to bolster their capacity, these groups would likely be
able to cushion the housing demand. Even if the need for social services feels overwhelming,
however, the alternative – having people remain incarcerated and risking the lives of even more
incarcerated people and corrections staff – presents the possibility of a far more dire outcome.
As Governor, you have repeatedly noted the effects of the virus on the most marginalized
among us, particularly those in jails and prisons. You have also noted in the past that New Jersey
is dead last with regard to the racial disparities clearly on display in those jails and prisons. This
issue, then, is also an issue of racial equity. In addition to the incarceration disparities, historic
barriers to health care and higher rates of serious chronic health conditions make New Jerseyans
of color uniquely vulnerable to the ravages of COVID-19. Activating paths to release is a direct
way to address the structural racism that exacerbates all these issues while simultaneously saving
lives.
The ACLU-NJ is deeply aware of the demands and novel challenges that face New Jersey
in this time; we are fully cognizant that every day brings forth a new set of horrors and an open
fire hydrant of seemingly Sisyphean tasks. Our hope is that the suggestions contained in this
document may help lighten the load and clarify potential paths that might assist in stemming the
flow. We have significant expertise regarding the state’s criminal justice system and are
available to provide more details on these suggestions. As an affiliate of a national organization,
we are also happy to provide you with information from Governors and Departments of
Correction in other states who are successfully implementing similar guidelines to the ones
presented here to insulate their staffs and incarcerated people from the virus.
It is our sincerest hope that that you will, using the fullest extent of your power as
Governor, implement some of the options laid out on the following pages or, alternatively, direct
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 the relevant agencies to take the necessary steps to do so.
Please consider the ACLU-NJ as a partner and resource to and for you during this time.
We remain, as always, ready to assist you and your administration in any way that could be of
use. Thank you again for your leadership.
Sincerely,

Amol Sinha
Executive Director

3

 MEMORANDUM
To: Governor Philip D. Murphy
Fr: ACLU of New Jersey
Date: March 31, 2020

PROVIDING RELIEF FOR THOSE INCARCERATED OR WORKING IN NEW
JERSEY PRISONS DURING THE CORONAVIRUS PANDEMIC
This outline presents a series of options for Governor Murphy to consider to help curb the spread
of coronavirus in New Jersey’s prisons. Reducing the prison population will help save lives of
people who are incarcerated and those who are connected with prisons, including corrections
staff and their families. These options include unilateral executive actions and actions through
specific agencies.
I.

EXPEDITING RELEASE THROUGH DIRECT GUBERNATORIAL ACTION
OR DIRECTION TO DEPARTMENT OF CORRECTIONS
A.

Commutation
1.

The Governor has broad plenary power to commute sentences and the
ACLU-NJ recommends that the Governor consider categorical
commutations of particularly vulnerable groups. This includes:
a)

Pregnant people;

b)

Those over the age of 60 (796 people) or 65 (413 people) who not
only face a higher risk of death if infected but are much less likely
to re-offend;

c)

The medically vulnerable – the CDC’s criteria serves as a useful
guide; 4

d)

People particularly vulnerable to the harms of isolation, as defined
by the Isolated Confinement Restriction Act (N.J.S.A. 30:4-82.7);

e)

Those who have the maximum date of their sentences approaching
within the next year.
People originally sentenced to probation who have been
resentenced to state prison as a result of a violation of probation.

f)

2.

Currently, people can request commutations through the Clemency Unit of
the State Parole Board, but the process is insufficiently accessible to those
who need it the most in this time. The Governor could address this by

See https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-at-higherrisk.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019ncov%2Fspecific-groups%2Fpeople-at-higher-risk.html
4

4

 creating a portal where people can request commutations, and elevating
and amplifying that process so that more people can access it.
B.

C.

Reprieves
1.

Under the NJ Const. Art. 5, Sect. 2, Para 1, the Governor also has broad
power to grant reprieves, or temporary suspensions of sentences for those
who do not fall into the commutation categories mentioned above. As with
commutations, this power is plenary and unreviewable.

2.

The ACLU-NJ recommends that the Governor grant reprieves for people
described above to whom he may not feel comfortable granting clemency,
until the end of the state of emergency or some other date certain, and then
permit people to seek commutation, depending on behavior while outside
and how much time is remaining on their sentences.

Medical Furlough
1.

D.

Credits
1.

II.

The state could release significant numbers of people through accelerated
time credit calculations and other tools. The DOC should consider
restoring “good time credits” for incarcerated people who have lost them
as a result of institutional disciplinary hearings.

EXPEDITING RELEASE THROUGH THE STATE PAROLE BOARD
A.

Parole Eligibility
1.

III.

The DOC can grant medical furlough to individuals who are incarcerated,
subject to certain limitations. (N.J.S.A. 30:4-91.3). The limitations include
excluding those who are convicted of murder, manslaughter, sexual
assault, robbery, kidnapping, or aggravated assault.

We recommend that the Governor direct the Parole Board to (re)consider
those who were denied parole, those whose timelines were extended in the
last year, and those eligible for consideration over the next 12 months.

COLLECTING DATA AND IMPROVING CONDITIONS IN FACILITIES
THROUGH DEPARTMENT OF CORRECTIONS ACTION
A.

Ombudsman – DOC should designate a “virus ombudsman” to report out relevant
data to the public, disseminate DOC specific information about the virus, and
make course corrections quickly and where necessary.
1.

Publicly report out data on COVID-19 cases daily
a)

For each category (officers, civilians, people in custody), are there
any confirmed cases of COVID-19 in any jails/DOC facilities? If
so, how many? Which facilities?

b)

For each category, are there any suspected cases of COVID-19 in
any jails/DOC facilities? If so, how many? Which facilities?

c)

Is anyone in custody being quarantined? If so, how many? Which
facilities? How/under what conditions?
5

 2.

Education
a)

B.

Health, Hygiene, and Sanitation
1.

2.

Supplies
a)

Ensure adequate hygiene supplies necessary to comply with
sanitation protocols for workers and people in custody are
available at no cost; ensure people in custody have access to
supplies at all times.

b)

Suspend policies classifying hygiene products as contraband,
including those banning hand sanitizer.

Incarcerated people
a)

b)

3.

C.

Disseminate accurate, up-to-date information for people in DOC
custody, corrections officers, and civilian staff, including
information to provide transmission prevention education and
combat stigma. These should be translated into multiple languages,
but at the very least, they must be translated into Spanish and
people in custody who speak other languages should be offered
language line assistance.

Social distancing
(1)

End performance of tasks and jobs by inmates that could
contribute to spread.

(2)

Quarantine elderly and medically vulnerable populations
who remain in custody in scientifically sound ways that do
not result in prolonged, widespread lockdowns.

(3)

Find alternatives to extended isolation.

Mitigate harm from restrictions
(1)

Increase mental health services and advise people in
custody about those services.

(2)

Increase PREA enforcement directly proportional to any
decreasing supervision due to officer illness.

Corrections Officers and Civilian Staff
a)

Access to PPE (N95 Masks, Gloves, suiting).

b)

Clear guidance upon exposure or if becoming symptomatic.

c)

Knowing that virus creates stressful dynamics, re-emphasize deescalation tactics.

Health care / Bolstering medical systems
1.

Ensure that jails and prisons are staffed with sufficient medical personnel
as infection rates climb.

2.

Monitor administrators and health care providers to ensure they are
6

 following protocols for testing and treatment and are sending patients to
hospitals as appropriate.
3.

Provide and monitor stock levels of PPE and appropriate equipment and
medicines for treating infections.

7