No. ____________ SUPREME COURT OF NORTH CAROLINA NORTH CAROLINA STATE CONFERENCE OF THE NAACP, DISABILITY RIGHTS NORTH CAROLINA, AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA LEGAL FOUNDATION, ALBERTA ELAINE WHITE, KIM T. CALDWELL, JOHN E. STURDIVANT, SANDARA KAY DOWELL, and CHRISTINA RHODES, Petitioners, v. ROY COOPER, in his official capacity as Governor of North Carolina; and ERIK A. HOOKS, in his official capacity as Secretary of the North Carolina Department of Public Safety, Respondents. ************************************ EMERGENCY ORIGINAL PETITION FOR WRIT OF MANDAMUS *********************************** Table of Contents Table of Contents ............................................................................................................ i Table of Authorities ....................................................................................................... ii STATEMENT OF FACTS ............................................................................................. 7 I. The COVID-19 pandemic is an extraordinary public health emergency. .......... 7 II. COVID-19 will be a death sentence for many people who are incarcerated. ...... 9 III. Governor Cooper and Secretary Hooks’s inaction stands in stark contrast to measures taken in other states.. ......................................................................... 16 REASONS WHY THE WRIT OF MANDAMUS SHOULD ISSUE ........................... 19 I. This Court has broad powers to provide relief in emergency situations. .......... 19 II. Petitioners have a clear right. ............................................................................. 21 A. People who are incarcerated have a right to be free of cruel and unusual punishment. ............................................................................. 21 B. People who are incarcerated pretrial have a right to safety. ............... 22 C. People who are incarcerated have a statutory right to humane treatment and safety. ............................................................................. 24 III. Respondents have a clear duty and authority to act, those duties are mandatory, and they have failed to perform their duty..................................... 25 A. Respondents have clear legal duties...................................................... 25 B. Respondents’ duties are mandatory. ..................................................... 26 C. Respondents have the authority to fulfill their duty, but have failed to do so. ....................................................................................................... 27 IV. In the alternative, this Court has inherent constitutional authority and habeas corpus powers to grant the relief requested. ...................................................... 31 PRAYER FOR RELIEF ............................................................................................... 33 CERTIFICATE OF SERVICE ..................................................................................... 37 Table of Authorities Cases Basank v. Decker, 20 CIV. 2518 (AT), 2020 WL 1481503, at *5 (S.D.N.Y. Mar. 26, 2020) .......................................................................................................................... 23 Basank v. Decker, No. 20-cv-2518, (S.D.N.Y. Mar. 26, 2020) ..................................... 33 Beard v. N. Carolina State Bar, 320 N.C. 126, 357 S.E.2d 694 (1987)...................... 20 Brown v. Plata, 563 U.S. 493 (2011) ........................................................................... 21 Castillo v. Barr, No. CV 20-00605 TJH (AFMx), 2020 WL 1502864, at *5 (C.D. Cal. Mar. 27, 2020) ........................................................................................................... 23 City of Revere v. Mass. Gen. Hospital, 463 U.S. 239, 244 (1983) ............................... 23 Corum v. Univ. of N. Carolina, 330 N.C. 761, 413 S.E.2d 276 (1992) ................. 20, 31 Edgerton v. Kirby, 156 N.C. 347, 72 S.E. 365 (1911).................................................. 27 Helling v. McKinney, 509 U.S. 25 (1993) .................................................................... 21 Hutto v. Finney, 437 U. S. 678 (1978) ......................................................................... 21 In re T.H.T., 362 N.C. 446, 665 S.E.2d 54 (2008) ................................................. 20, 27 In re: COVID-19 Pandemic, No. ADM2020-00428 (Tenn. Mar. 25, 2020)................. 33 Medley v. N.C. Dep’t of Correction, 330 N.C. 837, 412 S.E.2d 654 (1992) ................. 22 Office of the Public Defender v. Connors, SCPW-20-0000200, SCPW-20-0000213 (Haw. April 2, 2020) ................................................................................................. 32 State v. Guice, 141 N.C. App. 177, 541 S.E.2d 474 (2000) ......................................... 23 Sutton v. Figgatt, 280 N.C. 89; 185 S.E.2d 97, (1971) ................................................ 20 United States v. Garlock, No. 18-CR-00418-VC-1, 2020 WL 1439980, at *1 (N.D. Cal. Mar. 25, 2020) ........................................................................................................... 33 United States v. Grobman, No. 18-cr-20989-2, ECF No. 397 (S.D. Fla. Mar. 29, 2020) ................................................................................................................................... 33 United States v. Harris, No. 19-cr-356, ECF No. 35 (D.D.C. Mar. 26, 2020) ............ 33 United States v. Mclean, No. 19-cr-380, ECF No. 21 (D.D.C. Mar. 28, 2020) ........... 33 United States v. Stephens, 2020 WL 1295155, -- F. Supp. 3d -- (S.D.N.Y. Mar. 19, 2020) .......................................................................................................................... 33 Williams v. Bennett, 689 F.2d 1370, (11th Cir. 1982) ................................................ 22 Wilson Realty Co. v. City & Cty. Planning Bd., 243 N.C. 648, 92 S.E.2d 82 (1956). 20 Youngberg v. Romeo, 457 U.S. 307 (1982) .................................................................. 23 Statutes 42 C.F.R. § 51.6(f) .......................................................................................................... 3 45 C.F.R. § 1386.25 ........................................................................................................ 3 ii N.C. CONST. art. I, §19 ................................................................................................. 23 N.C. CONST. art. III., §5 ............................................................................................... 28 N.C.G.S. §7A-32(a) ....................................................................................................... 31 N.C.G.S. §7B-2514 ....................................................................................................... 35 N.C.G.S. §143B-266(a) ................................................................................................. 34 N.C.G.S. §143B-600 ..................................................................................................... 25 N.C.G.S. §143B-601(4) ............................................................................................. 6, 24 N.C.G.S. §143B-601 (8) ................................................................................................ 24 N.C.G.S. §143B-720(a) ................................................................................................. 28 N.C.G.S. §147-12 ............................................................................................................ 6 N.C.G.S. §147-12(a)(1)-(2) ........................................................................................... 25 N.C.G.S. §148-22(a) ..................................................................................................... 24 N.C.G.S. §148-4.1 ........................................................................................ 6, 24, 28, 30 N.C.G.S. §148-4.1(a) .................................................................................................... 25 N.C.G.S. §148-4(3), (6) ........................................................................................... 29, 34 N.C.G.S. §15A-1343(b); ................................................................................................ 29 N.C.G.S. §15A-1343(b) ................................................................................................. 29 N.C.G.S. §15A-1355(d) ................................................................................................. 34 N.C.G.S. §15A-1368.2(a) .............................................................................................. 28 N.C.G.S. §15A-1368.3(c)-(d)......................................................................................... 28 N.C.G.S. §15A-1368.4(e); ............................................................................................. 29 N.C.G.S. § 15A-1368.6(a) ............................................................................................. 28 N.C.G.S. §15A-1369 ..................................................................................................... 34 N.C.G.S. §15A-1369.1 .................................................................................................. 28 N.C.G.S. §15A-1369(5). ................................................................................................ 28 N.C.G.S. §15A-1371 ..................................................................................................... 34 N.C.G.S. §15A-1373(d)-(e) ........................................................................................... 28 N.C.G.S. §15A-1374(b) ................................................................................................. 28 Other Authorities Akiyah Johnson and Talia Buford, Early Data Shows African-Americans Have Contracted Coronavirus at an Alarming Rate (April 3, 2020), available at https://www.propublica.org/article/early-data-shows-african-americans-havecontracted-and-died-of-coronavirus-at-an-alarming-rate ....................................... 11 iii Anita Wilson, Challenges Within North Carolina Correctional Medicine, 8 N.C. MED. J. 6, available at https://www.ncmedicaljournal.com/content/ncm/80/6/344.full.pdf. ........................ 15 Associated Press, California to release 3,500 inmates early as coronavirus spreads inside prisons, KTLA5, Mar. 31, 2020, available at https://ktla.com/news/california/california-to-release-3500-inmates-early-ascoronavirus-spreads-inside-prisons/. ....................................................................... 16 Bill Gates, Responding to Covid-19 – A Once-in-a-Century Pandemic?, NEW ENG. J. OF MED. (Feb. 28, 2020) .............................................................................................. 8 Brendan J. Lyons, NY to release 1,100 parole violators as coronavirus spreads, TIMES UNION, Mar. 27, 2020, available at https://www.timesunion.com/news/article/Deaths-surge-again-in-New-York-fromcoronavirus-15160973.php. ...................................................................................... 17 CBS 17 Digital Desk, COVID-19 cases at federal prison in Butner jump from 9 to 59 in five days, CBS 17 (Apr. 6, 2020), available at https://www.cbs17.com/news/local-news/covid-19-cases-at-federal-prison-inbutner-jump-from-9-to-59-in-five-days/. .................................................................. 16 CDC, Coronavirus Disease 2019 (COVID-19), Older Adults, (Apr. 8, 2020, 11:04 AM), https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/olderadults.html. ................................................................................................................ 8 CDC, How Coronavirus Spreads (Apr. 1, 2020), https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/how-covidspreads.html ............................................................................................................... 9 Chinese Center for Disease Control and Prevention, The Epidemiological Characteristics of an Outbreak of 2019 Novel Coronavirus Diseases (COVID-19) – China 2020, 2 CCDC Weekly 8, at 115, Table 1, available at http://weekly.chinacdc.cn/en/article/id/e53946e2-c6c4-41e9-9a9b-fea8db1a8f51 ........................................................................................................................................ 8 Chuck Goudie, et al., Illinois prisoners sick with COVID-29 “overwhelm” Joliet hospital, ABC-7 CHICAGO (Mar. 30, 2020), available at https://abc7chicago.com/health/illinois-prisoners-sick-with-covid-19-overwhelmjoliet-hospital/6064085/ ............................................................................................ 16 City of Charlotte official page, Mecklenburg County Stay at Home Orders, https://charlottenc.gov/covid19/Pages/StayHomeOrder.aspx; City of Durham, City of Durham official page, Durham Issues COVID-1 Stay-At-Home Order Effective March 26 to April 30, https://durhamnc.gov/CivicAlerts.aspx?AID=2296; Wake County official page,Wake County Issues Stay-at-Home Order to Prevent the Spread of COVID-19 http://www.wakegov.com/news/Lists/Posts/Post.aspx?ID=1200 ............................ 10 iv Gov. Cooper Exec. Order No. 117 (Mar. 14, 2020), available at https://files.nc.gov/governor/documents/files/EO117-COVID-19-Prohibiting-MassGathering-and-K12-School-Closure.pdf. ................................................................. 10 Gov. Cooper Exec. Order No. 121 (Mar. 27, 2020), available at https://files.nc.gov/governor/documents/files/EO121-Stay-at-Home-Order-3.pdf. . 10 Gov. Polis Exec. Order No. D 2020 016 (March 25, 2020), at pg. 2, available at: https://drive.google.com/file/d/18o0yWHzZleHJ87hmgLuBmXwpM8R74Q5x/view ................................................................................................................................... 17 Gov.Cooper Coronavirus Transcript March 27: Stay-at-Home Order Issued, available at https://www.rev.com/blog/transcripts/north-carolina-governor-roycooper-coronavirus-transcript-march-27-stay-at-home-order-issued. .................... 14 Ibram X. Kendi, What the Racial Data Shows (Apr. 6, 2020), available at https://www.theatlantic.com/ideas/archive/ ............................................................ 11 Iowa Dep’t of Corrections, Quick Facts (Apr. 8, 2020, 12:50 AM), https://doc.iowa.gov/data/quick-facts. ...................................................................... 17 Jennifer Bronson Ph.D., Laura M. Maruschak, Disabilities Among Prison and Jail Inmates, 2011-12 (Dec. 14, 2015), available at https://www.bjs.gov/index.cfm?ty=pbdetail&iid=5500 ............................................ 12 Jin Wu et al., Coronavirus in North Carolina: Map and Case Count, N.Y. TIMES (Apr. 1, 2020)), available at https://www.nytimes.com/interactive/2020/us/northcarolina-coronaviruscases.html?action=click&module=COVID&pgtype=Interactive®ion=Homepage Link. ............................................................................................................................ 6 Kathryn M. Nowotny, MA, et al., Growing Old Behind Bars: Health Profiles of the Older Male Inmate Population in the United States, 1 J. AGING & HEALTH 22, 3 (Nov. 17, 2015). ........................................................................................................... 9 Letter from Daryl Atkinson, et al. to Governor Cooper, (Mar. 19, 2020), available at https://www.acluofnorthcarolina.org/sites/default/files/covid19_coalitionletter_ncgo vernor_3.19.20.pdf;.................................................................................................... 19 Letter from Leonard G. Dunston, MSW, et al. to Governor Cooper, (Apr. 3, 2020), available at https://www.scribd.com/document/454859721/Roy-Cooper-LetterApril-3. ...................................................................................................................... 19 Letter from NC NAACP to Governor Cooper, (Mar. 24, 2020), available at https://forwardjustice.org/resources/covid-19-naacp-crisis-strategy. ..................... 19 Memorandum from Attorney General Barr to Director of Bureau of Prisons (Apr. 3, 2020), available at https://www.justice.gov/file/1266661/download. ...................... 18 Memorandum from Attorney General Barr to Director of Bureau of Prisons (Mar. 26, 2020), available at https://www.justice.gov/file/1262731/download ................. 18 v Michael Balsamo & Michael Sisak, First inmate coronavirus case reported in NC prison, WRAL (Apr. 1, 2020), available at https://www.wral.com/coronavirus/firstinmate-coronavirus-case-reported-in-nc-prison/19038486/#.XoVFLYidSpY.email. 7 Miranda Bryant, Coronavirus spread at Rikers is a ‘public health disaster,’ says jail’s top doctor, THE GUARDIAN (Apr. 1, 2020), available at https://www.theguardian.com/us-news/2020/apr/01/rikers-island-jail-coronaviruspublic-health-disaster. ............................................................................................. 15 NC DPS, DPS Research and Planning Automated System Query, https://webapps.doc.state.nc.us/apps/asqExt/ASQ .................................................. 11 2020/04/coronavirus-exposing-our-racial-divides/609526/. ........................................ 13 NEWTON DAILY NEWS, Mar. 24, 2020, available at https://www.newtondailynews.com/2020/03/23/officials-cut-prison-jail-numbersiowa-virus-cases-hit105/acs5xbk/............................................................................. 17 North Carolina DHHS COVID-19 North Carolina Dashboard, https://www.ncdhhs.gov/divisions/public-health/covid19/covid-19-nc-casecount#by-race/ethnicity ............................................................................................ 11 North Carolina Department of Health and Human Safety (DHHS), Coronavirus Disease 2019 (COVID-19) response in North Carolina, available at https://www.ncdhhs.gov/divisions/public-health/coronavirus-disease-2019-covid19-response-north-carolina ...................................................................................... 10 North Carolina Department of Public Safety (“DPS”) Research and Planning, available at https://webapps.doc.state.nc.us/apps/asqExt/ASQ ............................. 12 North Carolina Department of Public Safety, DPS Actions on COVID-19 (Apr. 8, 2020 12:58 AM), https://www.ncdps.gov/our-organization/emergencymanagement/past-disasters/dps-actions-covid-19#prisons ..................................... 19 North Carolina Department of Public Safety, Juvenile Facility Operations Apr. 8, 2020 3:26AM), https://www.ncdps.gov/Juvenile-Justice/Juvenile-FacilityOperations .................................................................................................................. 7 North Carolina Department of Public Safety, Transition Services (Apr. 8, 2020 2:10 AM), https://www.ncdps.gov/adult-corrections/prisons/transition-services ........... 30 North Carolina DHHS COVID-19 North Carolina Dashboard, https://www.ncdhhs.gov/divisions/public-health/covid19/covid-19-nc-casecount#by-race/ethnicity (African-Americans are 37% of NC COVID-19 cases, whereas they comprise 22% of the state’s population) ........................................... 11 Opinion, NC’s prison crisis needs drastic change, News & Observer (Oct. 28, 2019), available at https://www.newsobserver.com/opinion/article236582913.html ........ 17 Report of the WHO-China Joint Mission on Coronavirus Disease 2019 (COVID-19) at 12 (Feb. 28, 2020), available at https://www.who.int/docs/defaultsource/coronaviruse/who-china-joint-mission-on-covid-19- final-report.pdf .......... 19 vi Sheri Fink, The Hardest Questions Doctors May Face: Who Will Be Saved? Who Won’t?, N.Y. TIMES (Mar. 21, 2020), available at https://www.nytimes.com/2020/03/21/us/coronavirus-medical-rationing.html ...... 13 Taylor Knopf, NC governor to sheriffs: No extra state COVID-19 resources available for jail inmates, NORTH CAROLINA HEALTH NEWS (Mar. 28, 2020), available at https://www.northcarolinahealthnews.org/2020/03/28/covid-19-county-jails/. ...... 14 The American College of Obstetricians and Gynecologists, Novel Coronavirus 2019 (COVID-19) Practice Advisory (March 2020), available at https://www.acog.org/clinical/clinical-guidance/practiceadvisory/articles/2020/03/novel-coronavirus-2019; see also CDC, COVID-19 Pregnancy and Breastfeeding FAQs (Apr. 3, 2020), https://bit.ly/3bTR8VR. ........... 9 Thomasi McDonald, The Coronavirus Poses a Significant Threat to NC Jail and Prisons. What Are Officials Doing About That?, INDYWEEK, Mar. 24, 2020, available at https://indyweek.com/news/northcarolina/coronavirus-north-carolinaprisons/ ...................................................................................................................... 18 Tim Olson, Over 50 inmates granted early release to prepare state penitentiary for COVID-19, KXNET, Mar. 20, 2020, available at https://www.kxnet.com/news/health/coronavirus/over-50-inmates-granted-earlyrelease-to-prepare-state-penitentiary-for-covid-19/ ................................................ 17 U.S. Census: North Carolina Quick Facts, available at https://www.census.gov/quickfacts/fact/table/NC/PST045219. ............................... 17 U.S. Centers for Disease Control and Protection (“CDC”), Coronavirus Disease 2019 (COVID-19) Cases in U.S. (April 3, 2020), available at https://www.cdc.gov/coronavirus /2019-ncov/cases-updates/cases-in-us.html. .............................................................. 6 WBTV Web Staff, Four employees, four offenders in NC prison system test positive for COVID-19, WBTV (Apr. 2, 2020), available at https://www.wbtv.com/2020/04/02/four-employees-found-offenders-nc-prisonsystem-test-positive-covid-/ ........................................................................................ 7 WCNC Staff, Model used by the White House projects the peak of COVID-19 in the Carolinas, WCNC (April 1, 2020), available at https://www.wcnc.com/article/news/health/ coronavirus/heres-when-covid-19-could-peak-in-the-carolinas/275-62ed6956-892e4585-9434-73936bf728ac. ........................................................................................... 7 World Health Organization (“WHO”) Director General Tedros Adhanom Ghebreyesus, Remarks at media briefing on COVID-19 (Mar. 11, 2020), available at https://www.who.int/dg/speeches/detail/who-director-general-s-openingremarks-at-the-media-briefing-on-covid-19---11-march-2020 .................................. 6 vii World Health Organization, Report of the WHO-China Joint Mission on Coronavirus Disease 2019 (COVID-19) at 12 (Feb. 28, 2020), available at https://www.who.int/docs/default-source/coronaviruse/who-china-joint-mission-oncovid-19- final-report.pdf ............................................................................................ 9 viii TO THE HONORABLE SUPREME COURT OF NORTH CAROLINA: Petitioners come to this Court in a time of unprecedented emergency. In a matter of weeks, the COVID-19 pandemic has spread at an alarming rate across the country, leaving thousands of deaths in its wake. Experts tell us the crisis has yet to hit its peak and emphasize that people who are incarcerated are in grave danger. Already, there are confirmed COVID-19 cases in at least six North Carolina prisons, endangering the lives of people incarcerated and staff who work there. Many incarcerated people are elderly or have serious underlying health conditions, making them particularly vulnerable to COVID-19. The approximately 35,000 adults and 418 youth incarcerated in this state live in close proximity and often unsanitary facilities. They cannot engage in the social distancing that experts and the Governor have ordered the rest of us to undertake in order to prevent the spread of COVID-19. When there is an outbreak, these individuals will be at the mercy of a prison system that is ill-equipped to handle a novel, deadly virus that has overwhelmed healthcare systems across the country. Given these dire circumstances, North Carolina public health experts have urged that “reducing the prison population is a critical measure that must be acted on immediately.”1 Governor Roy Cooper and Secretary of Public Safety Erik A. Hooks are aware of the gravity of the situation and each have a legal duty to act to protect the people Letter from Gavin Yamey, MD, MPH, MA, et al. to Gov. Cooper (Mar. 26, 2020), EXHIBIT A. 1 incarcerated in North Carolina’s adult and juvenile facilities. Secretary Hooks is under a specific statutory mandate to reduce the prison population “to meet the State’s obligations under law.” N.C.G.S. §148-4.1(a). Both have the authority to release people from state custody through reprieves, commutations, pardons, and expedited release, and can suspend enforcement of technical probation and parole violations that pull released people back into the state’s overcrowded jails and prisons. Yet, Respondents have failed to meaningfully decrease the number of people in Department of Public Safety (“DPS”) facilities. In the face of widespread and avoidable loss of life, Petitioners ask this Court for a writ of mandamus, or in the alternative, an order issued pursuant to its habeas powers or inherent authority, requiring Respondents to exercise their statutory authority to: (1) release statutorily eligible people from prison, particularly the elderly and medically vulnerable; (2) halt efforts to revoke parole, post-supervision release, and probation for all but the most serious violations; and (3) take concrete action to comply with Centers for Disease Control (“CDC”) guidelines to protect those who remain behind bars. PARTIES 1. Petitioner North Carolina State Conference of the NAACP (“NC NAACP”) is a nonpartisan, nonprofit organization composed of over 100 branches and 20,000 individual members throughout the state. The fundamental mission of the NC NAACP is the advancement and improvement of the political, civil, educational, social and economic status of minority groups; the elimination of -2- racial prejudice; the publicizing of adverse effects of racial discrimination; and the initiation of lawful action to secure the elimination of racial bias. The NC NAACP has members who are currently incarcerated, members who have been released from incarceration, and members who are currently on probation or under post-release supervision. The NC NAACP advocates for people who are currently and formerly incarcerated as well as their families and communities, as a disproportionate number of incarcerated individuals in this state are people of color.2 2. Petitioner Disability Rights North Carolina (“DRNC”) is a North Carolina nonprofit corporation that maintains its principal place of business in Raleigh. DRNC serves as the federally-mandated protection and advocacy (P&A) system for people with disabilities in North Carolina, and is a “person” authorized to seek legal and equitable relief. The federal statutes creating the P&A systems provide that each is authorized to bring “lawsuits in its own right to redress incidents of abuse or neglect, discrimination and other rights violations impacting on individuals” with disabilities. 45 C.F.R. § 1386.25; 42 C.F.R. § 51.6(f). Many people who are incarcerated are people with disabilities, and have been or will be affected by COVID-19 as a result of their continued incarceration 2 Spearman Aff., EXHIBIT L. -3- 3. Petitioner American Civil Liberties Union of North Carolina Legal Foundation (“ACLU-NCLF”) is a private, nonprofit legal organization with its principal office in Raleigh, North Carolina. The mission of ACLU-NCLF is to defend and advance the individual freedoms embodied in the United States Constitution, including the rights of people who are incarcerated. ACLUNCLF frequently represents incarcerated people in challenges to unconstitutional conditions and inadequate medical treatment. 4. Petitioner Alberta Elaine White is a 66-year-old African-American woman with Type II diabetes living in DPS custody at the Center for Community Transitions in Charlotte. Because of her age and underlying health condition, she is at high risk from COVID-19 infection. Until the pandemic hit, DPS regularly permitted Ms. White to spend time in the community, including at a work-release job in a grocery store. Ms. White’s projected release date is November 29, 2020.3 5. Petitioner Kim T. Caldwell is a 64-year-old white man who was recently treated for Hepatitis C and tuberculosis and who lives in DPS custody at Dan River Prison Work Farm. Because of his age and underlying health conditions, Mr. Caldwell is at high risk from COVID-19 infection. Mr. Caldwell’s projected release date is April 2020.4 3 White Aff., EXHIBIT B. 4 Caldwell Aff., EXHIBIT C. -4- 6. Petitioner John E. Sturdivant is a 73-year-old African-American man in DPS custody at Pasquotank Correctional Institution in Elizabeth City. He suffers from high blood pressure, has had prostate cancer, and recently had a stroke. Mr. Sturdivant’s age and underlying health conditions put him at high risk from COVID-19 infection.5 7. Petitioner Sandara Kay Dowell is a 51-year-old white woman in DPS custody at Swannanoa Correctional Center for Women in Black Mountain. She has many health problems, including high blood pressure, asthma, and Chronic Obstructive Pulmonary Disease (COPD). Because of underlying health conditions, Ms. Dowell is at high risk from COVID-19 infection.6 8. Petitioner Christina Rhodes is the spouse of Andrew Rhodes, a 38-year-old white man with Hepatitis C who lives in DPS custody at Wilkes Correctional Center. Because of his disease, Mr. Rhodes is at high risk from COVID-19 infection. Ms. Rhodes is scared that her husband may die from the coronavirus.7 9. Respondent Roy Cooper is the Governor of the State of North Carolina and pursuant to Art. III, Sec. 5 of the North Carolina Constitution and N.C.G.S. 5 Sturdivant Aff., EXHIBIT D. 6 Dowell Aff., EXHIBIT E. 7 Christina Rhodes Aff., EXHIBIT F. -5- §147-12 has a duty to “supervise the official conduct of all executive and ministerial officers.” 10. Respondent Erik Hooks is the Secretary of the North Carolina Department of Public Safety and as such has a duty to “ensure the safety of the public,” N.C.G.S. §143B-601(4), and is statutorily obligated to “reduce the prison population to a more manageable level . . . to meet the State’s obligations under law.” N.C.G.S. §148-4.1. STATEMENT OF FACTS I. The COVID-19 pandemic is an extraordinary public health emergency. On March 11, 2020, the World Health Organization classified the highly- contagious COVID-19, a respiratory illness caused by the novel coronavirus, as a global pandemic.8 As of the morning of April 8, 2020, the United States leads the world in COVID-19 cases, with 374,329 confirmed cases of infection,9 and has a death toll of 12,064 that continues to rise exponentially. In North Carolina, there have been 3,220 total confirmed cases and 50 confirmed deaths from COVID-19.10 World Health Organization (“WHO”) Director General Tedros Adhanom Ghebreyesus, Remarks at media briefing on COVID-19 (Mar. 11, 2020), available at https://www.who.int/dg/speeches/detail/who-director-general-s-opening-remarks-atthe-media-briefing-on-covid-19---11-march-2020. 8 U.S. Centers for Disease Control and Protection (“CDC”), Coronavirus Disease 2019 (COVID-19) Cases in U.S. (April 3, 2020), available at https://www.cdc.gov/coronavirus /2019-ncov/cases-updates/cases-in-us.html. 9 Jin Wu et al., Coronavirus in North Carolina: Map and Case Count, N.Y. TIMES (Apr. 1, 2020)), available at https://www.nytimes.com/interactive/2020/us/northcarolina-coronavirus10 -6- Infections are not expected to peak in North Carolina until the end of April.11 The state prison system confirmed its first case of COVID-19 of an incarcerated person on April 1, 2020, at the Caledonia minimum-custody facility.12 This was followed by reports of confirmed COVID-19 cases at Neuse Correctional Institution, Johnston Correctional Institution, Central Prison, Maury Correctional Institution, and Eastern Correctional Institution.13 Due to the severe shortage in testing, the true scope of COVID-19 infections inside the DPS 55 adult prisons and 11 juvenile detention centers and Youth Development Centers (“YDCs”)14 across the state remains unknown. COVID-19 can severely damage the lungs and other vital organs, including cases.html?action=click&module=COVID&pgtype=Interactive®ion= HomepageLink. WCNC Staff, Model used by the White House projects the peak of COVID-19 in the Carolinas, WCNC (April 1, 2020), available at https://www.wcnc.com/article/news/health/ coronavirus/heres-when-covid-19-could-peak-in-the-carolinas/275-62ed6956-892e4585-9434-73936bf728ac. 11 12 Michael Balsamo & Michael Sisak, First inmate coronavirus case reported in NC prison, WRAL (Apr. 1, 2020), available at https://www.wral.com/coronavirus/firstinmate-coronavirus-case-reported-in-nc-prison/19038486/#.XoVFLYidSpY.email. WBTV Web Staff, Four employees, four offenders in NC prison system test positive for COVID-19, WBTV (Apr. 2, 2020), available at https://www.wbtv.com/2020/04/02/four-employees-found-offenders-nc-prison-systemtest-positive-covid-/ 13 Juvenile detention centers are generally pretrial, while YDCs are used to confine youth post-disposition. See North Carolina Department of Public Safety, Juvenile Facility Operations Apr. 8, 2020 3:26AM), https://www.ncdps.gov/JuvenileJustice/Juvenile-Facility-Operations. 14 -7- the heart and liver, and ultimately cause death. Patients who do not die from serious cases require hospitalization, and may face prolonged recovery periods, including extensive rehabilitation from neurological damage and permanent loss of respiratory capacity. This disease “can kill healthy adults in addition to elderly people with existing health problems.”15 But the fatality rate of this disease increases with age and puts at particular risk those who have underlying health conditions or other disabilities that make them susceptible to COVID-19. Specifically, people age 65 and over face heightened risks of serious complications or death resulting from COVID-19,16 as do people of any age who suffer from certain disabilities and underlying medical conditions, including lung disease, heart disease, chronic liver or kidney disease (including hepatitis and dialysis patients), diabetes, epilepsy, hypertension, compromised immune systems (such as from cancer, HIV, or autoimmune disease), blood disorders (including sickle cell disease), inherited metabolic disorders, stroke, developmental delay, and Bill Gates, Responding to Covid-19 – A Once-in-a-Century Pandemic?, NEW ENG. J. OF MED. (Feb. 28, 2020). 15 CDC, Coronavirus Disease 2019 (COVID-19), Older Adults, (Apr. 8, 2020, 11:04 AM), https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/olderadults.html. The preliminary mortality rate analyses based on data from the coronavirus outbreak in China showed overall mortality rates by age to be at 1.3 percent for 50-59 year-olds, 3.6 percent for 60-69 year-olds, and 8 percent for 70-79 year-olds. By comparison, the mortality rate for people younger than 50 years old was 0.4% or lower. Chinese Center for Disease Control and Prevention, The Epidemiological Characteristics of an Outbreak of 2019 Novel Coronavirus Diseases (COVID-19) – China 2020, 2 CCDC Weekly 8, at 115, Table 1, available at http://weekly.chinacdc.cn/en/article/id/e53946e2-c6c4-41e9-9a9b-fea8db1a8f51. 16 -8- asthma.17 People who are pregnant may also be at higher risk of developing severe illness from COVID-19.18 All of these risk factors are compounded for people in prisons, who are often in poorer health and physiologically 10 to 15 years older than their non-incarcerated counterparts.19 II. COVID-19 will be a death sentence for many people who are incarcerated. The novel coronavirus spreads from person to person through respiratory droplets produced when an infected person coughs, sneezes, or speaks, close personal contact, and contact with contaminated surfaces and objects. Spread of the virus can occur even before an infected person exhibits any symptoms, and some people may spread the disease without showing symptoms.20 There is no vaccine The WHO-China Joint Mission Report indicates that the mortality rate was 13.2% for those with cardiovascular disease, 9.2 percent for diabetes, 8.4 percent for hypertension, 8.0 percent for chronic respiratory disease, and 7.6 percent for cancer. World Health Organization, Report of the WHO-China Joint Mission on Coronavirus Disease 2019 (COVID-19) at 12 (Feb. 28, 2020), available at https://www.who.int/docs/default-source/coronaviruse/who-china-joint-mission-oncovid-19- final-report.pdf 17 See The American College of Obstetricians and Gynecologists, Novel Coronavirus 2019 (COVID-19) Practice Advisory (March 2020), available at https://www.acog.org/clinical/clinical-guidance/practiceadvisory/articles/2020/03/novel-coronavirus-2019; CDC, COVID-19 Pregnancy and Breastfeeding FAQs (Apr. 3, 2020), https://bit.ly/3bTR8VR. 18 See Kathryn M. Nowotny, MA, et al., Growing Old Behind Bars: Health Profiles of the Older Male Inmate Population in the United States, 1 J. AGING & HEALTH 22, 3 (Nov. 17, 2015). 19 CDC, How Coronavirus Spreads (Apr. 1, 2020), https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/how-covidspreads.html. 20 -9- against COVID-19 and no known medication to treat it. Social distancing (maintaining physical separation of at least six feet from others) and vigilant hygiene, including handwashing and use of alcohol-based hand sanitizers are the only known measures for protection against COVID-19. To ensure public compliance with these essential prevention practices, Governor Cooper issued a March 14 Executive Order closing all K-12 public schools,21 and a statewide Stay at Home Order on March 30, instructing North Carolinians to remain at home with limited exceptions.22 The March 30 Order also banned gatherings of more than ten people and directed everyone to stay at least six feet apart from others.23 This Order followed orders by several city officials imposing these and additional restrictions to protect the health of people living in densely-populated urban areas.24 Gov. Cooper Exec. Order No. 117 (Mar. 14, 2020), available at https://files.nc.gov/governor/documents/files/EO117-COVID-19-Prohibiting-MassGathering-and-K12-School-Closure.pdf. 21 Gov. Cooper Exec. Order No. 121 (Mar. 27, 2020), available at https://files.nc.gov/governor/documents/files/EO121-Stay-at-Home-Order-3.pdf. 22 23 North Carolina Department of Health and Human Safety (DHHS), Coronavirus Disease 2019 (COVID-19) response in North Carolina, available at https://www.ncdhhs.gov/divisions/public-health/coronavirus-disease-2019-covid-19response-north-carolina City of Charlotte official page, Mecklenburg County Stay at Home Orders, https://charlottenc.gov/covid19/Pages/StayHomeOrder.aspx; City of Durham, City of Durham official page, Durham Issues COVID-1 Stay-At-Home Order Effective March 26 to April 30, https://durhamnc.gov/CivicAlerts.aspx?AID=2296; Wake County official page,Wake County Issues Stay-at-Home Order to Prevent the Spread of COVID-19 http://www.wakegov.com/news/Lists/Posts/Post.aspx?ID=1200 24 -10- The practices that can slow the spread of COVID-19 are inherently impossible in prisons, putting everyone who is currently incarcerated – as well as prison staff and the surrounding communities to which they return daily – at increased risk. Due to the congregate nature of DPS detention facilities, people who are in DPS custody and the staff who work in these facilities cannot comply with the statewide mandate to remain six feet apart from others at all times. Even isolation in single cells for those who have been confirmed to have COVID-19 does not eliminate the risk of contagion due to shared ventilation systems and the necessity of personal contact in preparing and serving meals. African Americans, who comprise 22 percent of North Carolina’s population, but account for 51 percent of the prison population,25 will disproportionately bear the devastation caused by a COVID-19 outbreak in DPS facilities. The data collected thus far shows that African Americans in the general population have been disproportionately impacted by this pandemic.26 That risk is compounded for North Carolina Department of Public Safety (“DPS”) Research and Planning, available at https://webapps.doc.state.nc.us/apps/asqExt/ASQ; U.S. Census: North Carolina Quick Facts, available at https://www.census.gov/quickfacts/fact/table/NC/PST045219. 25 See North Carolina DHHS COVID-19 North Carolina Dashboard, https://www.ncdhhs.gov/divisions/public-health/covid19/covid-19-nc-case-count#byrace/ethnicity (African-Americans are 37% of NC COVID-19 cases, whereas they comprise 22% of the state’s population); Akiyah Johnson and Talia Buford, Early Data Shows African-Americans Have Contracted Coronavirus at an Alarming Rate (April 3, 2020), available at https://www.propublica.org/article/early-data-showsafrican-americans-have-contracted-and-died-of-coronavirus-at-an-alarming-rate; Ibram X. Kendi, What the Racial Data Shows (Apr. 6, 2020), available at https://www.theatlantic.com/ideas/archive/2020/04/coronavirus-exposing-our-racialdivides/609526/. 26 -11- African Americans who are confined to an environment where it is impossible to practice social distancing. It is estimated that close to a third of people in DPS custody have at least one disability,27 and over 8,000 of incarcerated adults are over the age of 50.28 The physical limitations of prisons are especially life-threatening for people over the age of 65 and those who have underlying health conditions that put them at high risk for serious COVID-19 infection. Likewise, people who have a mental health or cognitive impairment that limits their ability to abide by heightened hygiene guidelines have a higher risk of infection. For those with disabilities that affect their lungs and hearts, the symptoms of COVID-19, particularly shortness of breath, can be severe, and complications can manifest quickly. Most people in these higher-risk categories who develop serious illness will need advanced support. People with disabilities in DPS facilities are therefore at extreme risk for infection, and once infected are likely to suffer more severe symptoms, including death, due to their disability. This level of supportive care requires highly expensive and specialized equipment, including ventilators, which are in limited supply. According to the Bureau of Justice Statistics, an estimated 32 percent of people in prisons report having at least one disability. Jennifer Bronson Ph.D., Laura M. Maruschak, Disabilities Among Prison and Jail Inmates, 2011-12 (Dec. 14, 2015), available at https://www.bjs.gov/index.cfm?ty=pbdetail&iid=5500 (noting also that approximately 2 in 10 people incarcerated in prison have a cognitive disability). 27 NC DPS, DPS Research and Planning Automated System Query, https://webapps. doc.state.nc.us/apps/asqExt/ASQ. 28 -12- As the number of COVID-19 cases in DPS facilities increases, it is also likely that care rationing programs that disproportionately harm older people and people with disabilities will be implemented—a measure that some hospitals in other states are already having to take.29 Upon information and belief, DPS has already limited medical services to essential appointments. As the number of COVID-19 infections grow, they will overwhelm DPS’s medical services, leaving people with disabilities and underlying medical conditions without access to the routine care that they require to manage their health conditions. For the 418 youth incarcerated in DPS facilities, many of whom also have disabilities and underlying medical conditions, there are additional, grave concerns about maintaining quality of care and supervision. The statewide ban on visitation at DPS facilities means that youth are unable to visit their parents and families. Youth in confinement are therefore likely to experience isolation and trauma. Moreover, because young people are more frequently asymptomatic carriers of COVID-19, an outbreak in the juvenile detention centers and YDCs across the state would be particularly difficult to contain, even while facility staff would continue to come and go, spreading the disease among the youth and in their communities. DPS, which has already been operating under considerable strain, lacks the For example, the Washington State Health Department issued guidance last week recommending that triage teams consider transferring patients out of the hospital to palliative care if their baseline function was marked by “loss of reserves in energy, physical ability, cognition and general health.” Sheri Fink, The Hardest Questions Doctors May Face: Who Will Be Saved? Who Won’t?, N.Y. TIMES (Mar. 21, 2020), available at https://www.nytimes.com/2020/03/21/us/coronavirus-medicalrationing.html. 29 -13- trained staff, infrastructure, and supplies to manage the inevitable COVID-19 outbreak. Respondents have openly acknowledged this. On March 28, 2020, Governor Cooper informed local sheriffs that DPS could not accept any people from the jails in the event of an outbreak: “Like many of you, the Division of Prisons is extremely short staffed and therefore does not have the capability to take on all high medical need offenders at this time.”30 He acknowledged that the state’s only two medical prison facilities had no ventilators.31 At a March 27 press conference with Governor Cooper, Secretary Hooks also stated that no prisons are equipped with ventilators or the ability to provide intensive care.32 People in prisons who need more intensive care for COVID-19 will therefore have to be treated in already overwhelmed community-area hospitals. As many DPS facilities are located in rural parts of the state with limited or healthcare infrastructure, the strain on rural hospitals and the communities they serve will be unbearable. Even before the pandemic, DPS Commissioner of Prisons Todd Ishee briefed state lawmakers that the effective correctional officer vacancy rate was near 30%. Commissioner Ishee explained that “we’re at the point where we need to take Taylor Knopf, NC governor to sheriffs: No extra state COVID-19 resources available for jail inmates, NORTH CAROLINA HEALTH NEWS (Mar. 28, 2020), available at https://www.northcarolinahealthnews.org/2020/03/28/covid-19-county-jails/. 30 31 Id. Gov.Cooper Coronavirus Transcript March 27: Stay-at-Home Order Issued, available at https://www.rev.com/blog/transcripts/north-carolina-governor-roycooper-coronavirus-transcript-march-27-stay-at-home-order-issued. 32 -14- drastic measures.”33 Similarly, in the context of testing and treatment for the highly infectious but curable hepatitis C, former-DPS medical director Anita Wilson acknowledged in 2019 that DPS faces “staffing shortages that make it nearly impossible for medical providers to cover the basics.”34 And “[s]etting aside the lack of trained providers and moving to the actual medical treatment, we encounter cost issues.”35 Given these realities, significantly reducing the number of people incarcerated in North Carolina is the only way to prevent devastating loss of life resulting from COVID-19 outbreaks in the prison system. Examples here and in other states show how quickly this deadly infection grows in the prison environment. At the Rikers Island jail in New York City, it took only 12 days for one COVID-19 case to explode into nearly 200 cases.36 The jail’s chief physician has warned that it is “unlikely” that they will be able to stop the spread, and predicted that 20 percent of those infected will need hospital treatment.37 When COVID-19 Opinion, NC’s prison crisis needs drastic change, News & Observer (Oct. 28, 2019), available at https://www.newsobserver.com/opinion/article236582913.html. 33 Anita Wilson, Challenges Within North Carolina Correctional Medicine, 8 N.C. MED. J. 6, available at https://www.ncmedicaljournal.com/content/ncm/80/6/344.full.pdf. 34 35 Id. Miranda Bryant, Coronavirus spread at Rikers is a ‘public health disaster,’ says jail’s top doctor, THE GUARDIAN (Apr. 1, 2020), available at https://www.theguardian.com/us-news/2020/apr/01/rikers-island-jail-coronaviruspublic-health-disaster. 36 37 Id. -15- infections broke out in Illinois’s Stateville Correctional Center and dozens of incarcerated people began showing symptoms, those that had to be taken to the closest hospital for emergency treatment “overwhelmed” the hospital’s resources and “maxed out” the hospital staff.38 And at the Butner federal prison here in North Carolina, it took only five days for the number of confirmed COVID-19 cases to surge from single digits to nearly 60.39 An outbreak in state prisons, where people are unable to practice social distancing and vigilant hygiene, will be similarly devastating and uncontrollable. III. Governor Cooper and Secretary Hooks’s inaction stands in stark contrast to measures taken in other states. Understanding COVID-19’s threat to the lives of incarcerated persons and prison staff, state officials have taken decisive action to substantially lower their prison populations. In California, Governor Newsom announced plans to release 3,500 people who are within 60 days of release and not serving a sentence for a violent or sex crime in an effort to reduce the prison population.40 In New York, Chuck Goudie, et al., Illinois prisoners sick with COVID-29 “overwhelm” Joliet hospital, ABC-7 CHICAGO (Mar. 30, 2020), available at https://abc7chicago.com/health/illinois-prisoners-sick-with-covid-19-overwhelmjoliet-hospital/6064085/. 38 CBS 17 Digital Desk, COVID-19 cases at federal prison in Butner jump from 9 to 59 in five days, CBS 17 (Apr. 6, 2020), available at https://www.cbs17.com/news/local-news/covid-19-cases-at-federal-prison-in-butnerjump-from-9-to-59-in-five-days/. 39 Associated Press, California to release 3,500 inmates early as coronavirus spreads inside prisons, KTLA5, Mar. 31, 2020, available at https://ktla.com/news/california/california-to-release-3500-inmates-early-ascoronavirus-spreads-inside-prisons/. 40 -16- Governor Cuomo ordered the release of more than 1,000 people incarcerated on the basis of a parole violation.41 In Colorado, Governor Polis issued an executive order suspending restrictions on good time credits in order to allow the department of corrections to award earned time credits to “facilitate the reduction of the population of incarcerated persons and parolees to prevent an outbreak in prisons,” and also suspended restrictions on release under the state’s “Special Needs Parole” program.42 Likewise, in Iowa, the department of corrections announced that it would expedite the release of about 700 people, or 7% of its prison population, who are approved for parole or work release.43 In North Dakota, the state parole board decided to release over fifty people on early parole.44 At the federal level, the U.S. Attorney General directed the Bureau of Prisons (“BOP”) on March 26, 2020, to prioritize the use of home confinement for those who Brendan J. Lyons, NY to release 1,100 parole violators as coronavirus spreads, TIMES UNION, Mar. 27, 2020, available at https://www.timesunion.com/news/article/Deaths-surge-again-in-New-York-fromcoronavirus-15160973.php. 41 Gov. Polis Exec. Order No. D 2020 016 (March 25, 2020), at pg. 2, available at: https://drive.google.com/file/d/18o0yWHzZleHJ87hmgLuBmXwpM8R74Q5x/view 42 Officials cut prison, jail numbers; Iowa virus cases hit 105, NEWTON DAILY NEWS, Mar. 24, 2020, available at https://www.newtondailynews.com/2020/03/23/officialscut-prison-jail-numbers-iowa-virus-cases-hit105/acs5xbk/; see also Iowa Dep’t of Corrections, Quick Facts (Apr. 8, 2020, 12:50 AM), https://doc.iowa.gov/data/quickfacts. 43 Tim Olson, Over 50 inmates granted early release to prepare state penitentiary for COVID-19, KXNET, Mar. 20, 2020, available at https://www.kxnet.com/news/health/coronavirus/over-50-inmates-granted-earlyrelease-to-prepare-state-penitentiary-for-covid-19/. 44 -17- are eligible in order to decrease the prison population,45 and on April 3, expanded that directive for three federal facilities at which there have been COVID-19 outbreaks, ordering BOP to consider home confinement for “all at-risk inmates—not only those who were previously eligible for transfer.”46 By contrast, Respondents have yet to use the authority that they indisputably have to substantially decrease the prison population, putting incarcerated people and prison staff and their families at high risk of infection.47 This inaction fails to heed a March 27 letter sent to Governor Cooper by a group of North Carolina’s medical and public health experts explaining that DPS facilities are “breeding grounds for the uncontrolled transmission of SARS-CoV-2, the virus that causes COVID-19,” and urging Governor Cooper to “immediately release people from jails and prisons.”48 Respondents also disregard the appeals of dozens of concerned North Carolina community groups, civic organizations, faith leaders, legal scholars, and advocates who have called on Respondents to decrease the prison Memorandum from Attorney General Barr to Director of Bureau of Prisons (Mar. 26, 2020), available at https://www.justice.gov/file/1262731/download. 45 Memorandum from Attorney General Barr to Director of Bureau of Prisons (Apr. 3, 2020), available at https://www.justice.gov/file/1266661/download. 46 See Thomasi McDonald, The Coronavirus Poses a Significant Threat to NC Jail and Prisons. What Are Officials Doing About That?, INDYWEEK, Mar. 24, 2020, available at https://indyweek.com/news/northcarolina/coronavirus-north-carolinaprisons/; Virginia Bridges, Should NC prisoners be released? The state is now considering options, NEWS & OBSERVER, April 1, 2020, available at https://www.newsobserver.com/news/coronavirus/article241653996.html. 47 48 Yamey at 1, supra note 1. -18- population in light of the life-threatening dangers posed to incarcerated people and prison staff by the COVID-19 pandemic.49 Over three weeks have passed since Governor Cooper closed down schools, and over a week has passed since he closed down almost everything else. But he has failed to act to protect the lives of incarcerated people in DPS custody, or prison staff and their families. As public health experts have made clear, the other measures that DPS says it is taking, such as increased cleaning, limiting visitation, and cancelling group activities inside the prison,50 will not stave off an inevitable large-scale COVID-19 outbreak. Prison staff and people incarcerated in at least six DPS prisons have already tested positive for COVID-19. Without immediate action from Respondents, this trickle will undoubtedly become a torrent. REASONS WHY THE WRIT SHOULD ISSUE I. This Court has broad mandamus powers to provide relief. When lives are at stake and time is of the essence, this Court has substantial authority to grant relief. Letter from Leonard G. Dunston, MSW, et al. to Governor Cooper, (Apr. 3, 2020), available at https://www.scribd.com/document/454859721/Roy-Cooper-Letter-April3; Letter from Daryl Atkinson, et al. to Governor Cooper, (Mar. 19, 2020), available at https://www.acluofnorthcarolina.org/sites/default/files/covid19_coalitionletter_ncgov ernor_3.19.20.pdf; Letter from NC NAACP to Governor Cooper, (Mar. 24, 2020), available at https://forwardjustice.org/resources/covid-19-naacp-crisis-strategy. 49 North Carolina Department of Public Safety, DPS Actions on COVID-19 (Apr. 8, 2020 12:58 AM), https://www.ncdps.gov/our-organization/emergencymanagement/past-disasters/dps-actions-covid-19#prisons. 50 -19- This Court has original jurisdiction to issue writs of mandamus. Wilson Realty Co. v. City & Cty. Planning Bd., 243 N.C. 648, 655; 92 S.E.2d 82, 87 (1956). Writs of mandamus are “employed to compel inferior tribunals, officers, or administrative boards to perform duties imposed upon them by law.” Id. Mandamus provides “swift enforcement of a party’s already established legal rights” and is especially appropriate when circumstances are urgent. In re T.H.T., 362 N.C. 446, 456, 665 S.E.2d 54, 60 (2008). Mandamus will issue where a party has a clear right to the act requested; the defendant has a legal duty to perform the act; the act is ministerial in nature; and the defendant has neglected or refused to perform the act. Id. at 453-54, 665 S.E.2d at 59. While a writ of mandamus is “an extraordinary remedy which the court will grant only in case of necessity,” “[t]he courts of this State have no discretion to refuse the writ when it is sought to enforce a clear legal right to which it is appropriate[.]” Sutton v. Figgatt, 280 N.C. 89, 93; 185 S.E.2d 97, 99-100 (1971). Moreover, where the law does not otherwise afford an effective remedy, this Court also has inherent power under the state Constitution “to do all things that are reasonably necessary for the proper administration of justice.” Beard v. N. Carolina State Bar, 320 N.C. 126, 129, 357 S.E.2d 694, 696 (1987); see also Corum v. Univ. of N. Carolina, 330 N.C. 761, 783, 413 S.E.2d 276, 290 (1992) (drawing upon the Court’s inherent authority to recognize a direct cause of action under the state Constitution where no other remedy exists). The present exigent circumstances, -20- which implicate the lives of tens of thousands of people, call for the exercise of the Court’s full powers to grant the requested relief. As discussed below, the elements of mandamus are present here: (1) Petitioners have constitutional and statutory rights to relief; (2) Respondents have a legal duty to take action; (3) Respondents are duty-bound to these actions, which are mandatory and non-discretionary in nature; and (4) Respondents have neglected to perform their legal duties. II. Petitioners have a clear right. A. People who are incarcerated have a right to be free of cruel and unusual punishment. For the adults and youth who are in DPS custody pursuant to a conviction, the Eighth Amendment to the federal Constitution prohibits dangerous prison conditions that amount to cruel and unusual punishment. Hutto v. Finney, 437 U. S. 678, 685 (1978). Officials may not “ignore a condition of confinement that is sure or very likely to cause serious illness and needless suffering in the next week or month or year.” Helling v. McKinney, 509 U.S. 25, 33 (1993). Such conditions may include “exposure of inmates to a serious, communicable disease,” which can violate the Eighth Amendment, even though “the likely harm would [not] occur immediately” or “the possible infection might not affect all of those exposed.” Id. In other words, an incarcerated person may “successfully complain about demonstrably unsafe drinking water without waiting for an attack of dysentery.” Id. When state officials fail to remedy unsafe conditions, courts may compel the release of prisoners when less drastic measures fall short. See Brown v. Plata, 563 -21- U.S. 493, 531-32 (2011) (affirming prison population cap when California could not ensure “the timely diagnosis and care necessary to provide effective treatment and to prevent further spread of disease” through prison system); Williams v. Bennett, 689 F.2d 1370, 1388 (11th Cir. 1982) (“[A] state is not required to operate a penitentiary system . . . . The state may undertake to operate its prison system in countenance with the constitution or it may choose to close it down.”). The North Carolina Constitution provides at least the same protections—if not greater protections—for incarcerated people. Article 1, Section 27 of the state Constitution prohibits “cruel or unusual punishments,” and imposes a duty to provide adequate medical care to people in prisons. Medley v. N.C. Dep’t of Correction, 330 N.C. 837, 844, 412 S.E.2d 654, 659 (1992) (“the duty to provide adequate medical care to inmates, imposed by the state and federal Constitutions, and recognized in state statute and caselaw” is a “fundamental and paramount obligation of the state”). Here, the very fact of confinement in close quarters with other incarcerated people is the condition that will expose thousands of people to a novel, highly communicable, and deadly disease. People who are over the age of 65 or who have underlying health conditions or disabilities and who remain incarcerated during this pandemic face serious harm. B. Pretrial detainees have a right to safety. Youth held in DPS’s juvenile detention centers pretrial are presumptively innocent and may not be punished. The due process clause of the Fourteenth -22- Amendment to the federal Constitution prohibits unreasonably dangerous conditions of confinement for pretrial detainees. “[T]he due process rights of a person [prior to conviction] are at least as great as the Eighth Amendment protections available to a convicted prisoner.” City of Revere v. Mass. Gen. Hospital, 463 U.S. 239, 244 (1983); see also Youngberg v. Romeo, 457 U.S. 307, 324 (1982) (the state has an “unquestioned duty” to provide “adequate food, shelter, clothing, and medical care” for detainees). Additionally, Article I, Section 19 of the state Constitution provides that “[n]o person shall be . . . imprisoned . . . or in any manner deprived of his . . . liberty . . . but by the law of the land.” N.C. CONST. art. I, §19. North Carolina courts have “long held that [t]he law of the land clause has the same meaning as due process of law under the Federal Constitution,” State v. Guice, 141 N.C. App. 177, 186, 541 S.E.2d 474, 480 (2000) (quotation marks & citation omitted), and that “our state due process requirements . . . must equal or surpass those imposed under [the federal Constitution],” Id. at 187, 541 S.E. 2d at 481. Multiple courts have already recognized that the risk of exposure to COVID19 likely violates the due process rights of people held in pretrial detention. See, e.g., Basank v. Decker, 20 CIV. 2518 (AT), 2020 WL 1481503, at *5 (S.D.N.Y. Mar. 26, 2020) (granting release of detainees because “[t]he risk of contracting COVID-19 in tightly-confined spaces, especially jails, is now exceedingly obvious” and the petitioners were “caught in the midst of a rapidly-unfolding public health crisis”); Castillo v. Barr, No. CV 20-00605 TJH (AFMx), 2020 WL 1502864, at *5 (C.D. Cal. -23- U.S.C.Mar. 27, 2020) (ordering release of detainees and explaining that jail officials cannot ignore “the potential exposure of civil detainees to a serious, communicable disease on the ground that the complaining detainee shows no serious current symptoms, or ignore a condition of confinement that is more than very likely to cause a serious illness”). Here, imprisoning pretrial youth in detention centers where they are extremely likely to be exposed to a deadly infectious disease violates their due process rights. C. People who are incarcerated have a statutory right to humane treatment and safety. Furthermore, state statutes dictate that “[t]he general policies, rules, and regulations of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall provide for humane treatment” of people who are in confinement, N.C.G.S. §148-22(a), and impose a duty on DPS “to ensure the safety of the public,” and “ensure the . . . effective conduct of emergency operations by all participating agencies to sustain life and prevent, minimize, or remedy injury to persons . . . resulting from . . . disasters due to natural or man-made causes.” N.C.G.S. §143B-601(4), (8). Thus, under the federal and state Constitutions and state statutes, people incarcerated in DPS facilities have a long-established right to be free of conditions that will likely cause serious illness, needless suffering, and death. People who are currently in DPS custody are facing near certain exposure to a highly contagious and frequently fatal disease. The dangers faced by people who are older than 65 or -24- who have pre-existing health conditions of disabilities are particularly stark, as their risk of death from COVID-19 is far greater than for others. The only way to mitigate the spread of COVID-19 in DPS facilities is to create more physical space by substantially reducing the prison population. III. Respondents have a clear duty and authority to act, those duties are mandatory, and they have failed to perform their duty. A. Respondents have clear legal duties. As outlined above, Governor Cooper and Secretary Hooks have affirmative constitutional and statutory duties to provide safe prison conditions for those that the state punishes by incarceration, as well as the constitutional and statutory authority to release people from incarceration. In fact, statute explicitly directs Secretary Hooks to “reduce the prison population to a more manageable level . . . to meet the State’s obligations under law.” N.C.G.S. §148-4.1(a). Yet, Respondents have failed to use their authority to decrease the population in DPS adult and youth prisons and detention centers. Secretary Hooks is the head of DPS and directs and controls all “deputy secretaries, commissioners, directors, and the divisions of the Department.” Id. §143B-600. Governor Cooper has the ultimate duty to “supervise the official conduct of all executive and ministerial officers,” including the office of Secretary of Public Safety, and to ensure that all “duties thereof [are] performed.” Id. §147-12(a)(1)-(2). Respondents are duty-bound to take action to keep the people in their custody safe during this pandemic. Public health experts have been clear that the only effective tool for doing this is to release as many people currently incarcerated -25- in North Carolina prisons as quickly as possible, and to slow the tide of new people coming into the jails and prisons and into DPS custody. According to Dr. David Rosen, an epidemiologist and correctional health expert, and several of his medical and public health expert colleagues, “[p]risons are unable to adequately provide social distancing or meet mitigation recommendations,” such as intensive hand washing practices, decontamination of surfaces, and isolating those who are ill, making it “likely that the prison system will remain a reservoir of infection for the entire state.”51 They have thus concluded that “reducing the level of risk both for those within those facilities and for the community at large” is “crucially important.”52 “These steps are both necessary and urgent” because “[a]s the number of cases in the prison system increase, efforts at infection control and mitigation will become increasingly more difficult.”53 Release of a significant number of incarcerated people is necessary to protect their lives, the lives of staff who work in prisons (and by extension their families and communities), and to create the conditions under which social distancing is possible for those who remain incarcerated. B. Respondents’ duties are mandatory. Respondents’ failure to act in this case is therefore a failure to perform a mandatory, non-discretionary duty. Their constitutional and statutory duties to 51 Rosen, et.al., Aff. ¶ 38, EXHIBIT H. 52 Id. at ¶¶ 67-68. 53 Id. at ¶ 71. -26- save lives and prevent serious medical harm by reducing the prison population are “clear and not reasonably debatable.” In re T.H.T., 362 N.C. at 453-54. Under the current emergency circumstances, the law does not leave Respondents to simply “decide according to their best judgment and discretion” that they will not take action. Edgerton v. Kirby, 156 N.C. 347, 367, 72 S.E. 365, 366 (1911). Respondents are duty-bound to keep people in DPS custody safe during this pandemic, and there is no other way to do that but to release incarcerated people and to prevent re-incarceration of those released on post-release supervision, parole, or probation. The social distancing needed to prevent COVID-19’s spread is otherwise impossible and, without it, a prison pandemic is unavoidable. The stark decision to be made here—whether to save lives and avoid certain, needless suffering—is not a discretionary one. As the Governor’s own public statements and emergency orders that are aimed at protecting the rest of the general public show, under these extraordinary and unprecedented circumstances, ordering greater distances between all human beings in the state is mandatory. C. Respondents have the authority to fulfill their duty, but have failed to do so. Respondents have the authority to fulfill this mandatory duty to save the lives of people incarcerated in North Carolina by releasing adults and youth imprisoned in North Carolina’s prisons and suspending enforcement of technical probation and parole violations in order to avoid re-incarcerating more people who have already been freed. -27- Governor Cooper is authorized by the Constitution to “grant reprieves, commutations, and pardons, after conviction, for all offenses . . . upon such conditions as he may think proper, subject to regulations prescribed by law relative to the manner of applying for pardons.” N.C. CONST. art. III., §5. He also oversees the Post-Release Supervision and Parole Commission (the “Commission”), which is authorized to “prescribe when and under what conditions an inmate may be released for medical release,” N.C.G.S. §15A-1369.1, which specifically contemplates the release of people who are permanently and totally disabled, terminally ill, or geriatric, id. §15A-1369(5). Likewise, North Carolina statutes mandate that when Secretary Hooks “determines from data compiled by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety that it is necessary to reduce the prison population to a more manageable level or to meet the State’s obligations under law,” he “shall direct [the Commission] to release on parole over a reasonable period of time a number of prisoners sufficient to that purpose.” Id. §148-4.1 (emphasis added). The Commission, subject to Respondents’ oversight and direction, can act to reduce and prevent further growth of the prison population during this pandemic by reinstating parole and Post-Release Supervision (“PRS”) for people who have had it revoked and limiting additional revocations until the pandemic subsides. Id. §143B720(a); Id. §15A-1368.3(c)-(d); Id. § 15A-1368.6(a); Id. §15A-1373(d)-(e).54 According Notably, individuals released on PRS generally only have nine to twelve months left in their maximum sentences. N.C.G.S. §15A-1368.2(a). It is cruel and 54 -28- to data maintained by North Carolina Prisoner Legal Services, approximately 26% of those entering the prison system in 2019 did so as a result of PRS or parole revocation.55 PRS, parole, or probation can be revoked for a panoply of reasons, including technical violations such as traveling outside the county, failure to report, or missing a curfew. See Id. §15A-1343(b); Id. §15A-1368.4(e); Id. §15A-1374(b). Without temporary reprieve, many North Carolinians will find themselves pulled back into an extremely dangerous prison environment for the most minor of reasons. Where, as here, the imprisonment of people who are on PRS, parole, and probation or eligible for reinstatement subjects them to an intolerable risk of premature death, Respondents must exercise their statutory powers to refrain from revocation and reinstate community-based supervision wherever possible. In addition, Secretary Hooks has expansive authority to permit incarcerated people to leave facilities unaccompanied for prescribed periods of time, under prescribed conditions, including to “[o]btain medical services not otherwise available,” or to participate in pre-release and after-care programs. Id. §148-4(3), (6). DPS has already identified and approved many incarcerated people to leave disproportionate punishment to force their return to prison for a few months in the midst of a pandemic. 55 Pollard Aff. at ¶ 8, EXHIBIT G. -29- DPS facilities unsupervised through their Home Leave Program, Mutual Agreement Parole Program, Work Release Program, and others.56 Respondents thus have both a clear duty to reduce the prison population and expansive legal authority to fulfill that duty. In Secretary Hooks’s case, he is under statutory obligation to “reduce the prison population to a more manageable level . . . to meet the State’s obligations under law.” Id. §148-4.1. Respondents understand the magnitude of the COVID-19 crisis: Governor Cooper has gone so far as to close all schools and order every single non-incarcerated person in North Carolina to stay home. The DPS website has dedicated a page on its website to “DPS Actions on COVID-19” that links to guidance from the CDC and the North Carolina Department of Health and Human Services, laying out the importance of social distancing and explains the particularly serious and deadly impact COVID-19 can have on people who are 65 years old and older and people who have health conditions and other disabilities.57 They are also aware of experts’ recommendations that decreasing the number of people incarcerated is critical, and that it is the only measure that can mitigate the devastating effects of a large-scale COVID-19 outbreak in our prisons. Respondents have thus far made scant efforts to release the elderly or medically vulnerable from DPS custody in response to the COVID-19 threat. See North Carolina Department of Public Safety, Transition Services (Apr. 8, 2020 2:10 AM), https://www.ncdps.gov/adult-corrections/prisons/transition-services. 56 57 Supra note 52. -30- Likewise, on information and belief, steps have not been taken to prevent people from being re-incarcerated on technical parole violations. By failing to exercise their expansive authority to keep people out of prison, Respondents have refused to fulfill their duty to keep the people in their custody safe. This status quo will lead inexorably to avoidable deaths of incarcerated people, prison staff, and the communities surrounding DPS prisons. The Court should use its mandamus authority to order the requested relief. IV. In the alternative, this Court has inherent constitutional authority and habeas corpus powers to grant the relief requested. In addition to its authority to issue writs of mandamus, this Court has broad authority to address urgent matters affecting the public interest. In the context of this unprecedented public health disaster, Petitioners respectfully request that the Court exercise this authority to remedy constitutional violations either in addition to, or as an alternative to, its authority to grant writs of mandamus to order the requested remedy. The Court has inherent authority to establish an effective remedy for the protection of constitutional rights where the law does not otherwise provide one. See Corum, 330 N.C. at 782, 413 S.E.2d at 289 (recognizing a direct claim for violation of constitutional rights where there was no other legal remedy). In addition, this Court has authority to order release through writs of habeas corpus, N.C.G.S. §7A32(a), which are available when someone has been lawfully imprisoned, “yet by some act, omission or event, which has taken place afterwards, the party has become entitled to be discharged,” id. §17-33. Courts have an affirmative duty to -31- issue writs of habeas corpus even when no application has been made, and the Court’s habeas power is so essential that it may be exercised by a single appellate judge and even where no application has been made for such a writ. Id. §17-8 The COVID-19 pandemic is already in DPS prisons, rendering traditional civil litigation incapable of providing the swift relief needed in these exigent circumstances. The current conditions of confinement in DPS facilities are unconstitutional and will remain so unless the population of incarcerated people can be significantly decreased, such that social distancing can realistically occur. Whether by issuing a writ of mandamus or habeas corpus, or by exercise of its inherent powers, this Court should act to prevent large-scale death and suffering. Courts across the country have already recognized that reduction of prison populations are necessary in this moment of crisis, and have used their authority to order such remedies. For example, the Supreme Court of Hawai’i, citing both its original jurisdiction over writs of mandamus and its authority to “make and award such judgments, decrees, orders and mandates . . . and do such other acts and take such other steps as may be necessary to carry into full effect the powers,” ordered all intermittent custodial sentences suspended and appointed a special master to release people from jails and prisons in the state. Office of the Public Defender v. Connors, SCPW-20-0000200, SCPW-20-0000213 (Haw. April 2, 2020). EXHIBIT I. The New Jersey Supreme Court on its own motion “relaxed the Rules of Court to permit the filing of the request for relief directly with the Supreme Court, based on the dangers posed by Coronavirus disease 19,” and issued an Order to Show Cause -32- why certain incarcerated people should not be released. In the Matter of the Request to Commute or Suspend County Jail Sentences, Dkt No. 084230 (N.J. Mar. 22, 2020) EXHIBIT J. And the Tennessee Supreme Court drew upon its “constitutional, statutory, and inherent authority” to issue an administrative order directing judicial districts to “develop a written plan to affirmatively address issues regarding the incarceration of nonviolent offenders in furtherance of efforts to reduce the jail population. In re: COVID-19 Pandemic, No. ADM2020-00428 (Tenn. Mar. 25, 2020), EXHIBIT K.58 In the face of Respondents’ inaction, action from this Court is urgently needed. PRAYER FOR RELIEF WHEREFORE, Petitioners respectfully pray that this Court issue a Writ of Mandamus or other appropriate Order that: 1. Directs Respondents to develop and effectuate a plan that prioritizes the immediate release of incarcerated people who: a. Are 65 years of age and older; b. Have underlying medical conditions that, according to the CDC guidelines, put them at particular risk of serious harm or death from COVID-19; or c. Have a projected release date within the next 12 months, or who are currently approved for work release; corum federal courts have ordered the release of incarcerated people due to the dangers of the pandemic in prisons. See, e.g., United States v. Grobman, No. 18-cr20989-2, ECF No. 397 (S.D. Fla. Mar. 29, 2020);United States v. Mclean, No. 19-cr380, ECF No. 21 (D.D.C. Mar. 28, 2020); United States v. Harris, No. 19-cr-356, ECF No. 35 (D.D.C. Mar. 26, 2020); United States v. Garlock, No. 18-CR-00418-VC1, 2020 WL 1439980, at *1 (N.D. Cal. Mar. 25, 2020) ;United States v. Stephens, 2020 WL 1295155, -- F. Supp. 3d -- (S.D.N.Y. Mar. 19, 2020); Basank v. Decker, No. 20-cv-2518, (S.D.N.Y. Mar. 26, 2020). 58 -33- 2. Directs Governor Cooper to exercise his reprieve, commutation, and pardon powers to meet the present COVID-19 emergency pursuant to N.C.G.S. §143B-266(a) and under Art. III, Sec. 5 of the North Carolina Constitution by prioritizing commuting the sentences of people who fall into the three categories listed above; 3. Directs Secretary Hooks to: a. Ensure the immediate release of people specified above; b. Release immediately: i. Pursuant to N.C.G.S. §148-4(3), all individuals who have serious underlying medical conditions that, according to CDC guidelines, put them at particular risk from COVID-19; and ii. Pursuant to N.C.G.S. §15A-1369, all individuals who are eligible for medical release; c. Immediately use all available DPS programs for release, such as Home Leave, and: i. Extend Home Leave to last for the duration of the sentence of the released person, or at minimum until the CDC recommends an end to social distancing practices; ii. Extend the limit on the “place of confinement” pursuant to N.C.G.S. §148-4(6) so that individuals can participate in additional community-based programs; iii. Refer for immediate release any person who is eligible for the Mutual Agreement Parole Program (“MAPP”) to the Parole and Post-Release Supervision Commission, and waive the requirement that a person must be within 3 years of parole; iv. Reduce the maximum term of imprisonment for all persons who are medically or physically unfit for work release or other rehabilitative activities, such that they are immediately eligible for release; pursuant to N.C.G.S. §15A-1355(d). v. Submit for parole eligibility any person eligible as of right pursuant to N.C.G.S. §15A-1371. d. Instruct Community Corrections to halt actions to revoke probation. e. Instruct the Post-Release Supervision (“PRS”) and Paroles Commission to: i. Halt arrests and other actions to revoke PRS and parole; -34- f. g. h. i. j. ii. Grant all PRS and parole requests within their statutory authority; and iii. Reinstate any previously revoked PRS and parole. Place all eligible youth who have less than 6 months remaining in their term of confinement pursuant to N.C.G.S. §7B-2514 who are able to live with family or other guardian in PRS. Place all youth currently held pretrial in a juvenile detention center who are able to live with family or other guardian in the care of that family or guardian. Ensure that ongoing transparent assessment of racial disparities occur; Develop plans, in partnership with organizations and agencies that already support newly released people, to provide support and assistance to additionally released people; Implement immediately a plan for adopting the CDC recommendations for correctional facilities that, at minimum, addresses staffing shortages and ensures that all people in custody: i. Are able to follow CDC guidelines for preventing the spread of COVID-19; ii. Can receive appropriate medical care, including COVID19 screening, testing, and treatment; iii. Receive in written and verbal education in English (and any other language commonly spoken) on the hazards of COVID-19 and how to protect themselves; iv. Are able to access telephone and video visitation free of cost; and v. Will not be placed in 22-hour lockdown or be retaliated against for requesting treatment or testing related to possible COVID-19 symptoms, or for requesting hygienic supplies. 4. Directs Governor Cooper to take any other actions available under his emergency powers to ensure appropriate relief; 5. Awards Petitioners all costs and attorney fees under any applicable authority; and 6. Awards all other relief this Court deems just and proper. -35- Dated: April 8. 2020 Dawn N. Blagrove (NC Bar #36630) Elizabeth G. Simpson (NC Bar #41596) Emancipate NC PO. Box 309 Durham, NC 27702 (919) 682-1149 Dawn@emancipatenc.org Elizabeth@emancipatenc.org Lisa Grafstein (N.C. Bar #22076) Luke Woollard (NC Bar #48179) Susan H. Pollitt (NC Bar #12648) Disability Rights North Carolina 3724 National Drive Suite 100 Raleigh, NC 27612 (919) 856-2195 K. Ricky Watson, Jr. (NC Bar #43889) National Juvenile Justice Network 1734 Connecticut Avenue, NW #1 Washington, DC 20009 (202) 878-6655 watson@njjn.org Respectfully submitted, (M1 I certify that all of the attorneys listed below have authorized me to list their names on this document as if they had personally signed it. Kristi L. Graunke (NC Bar #51216) Leah J. Kang (NC Bar #51735) Daniel K. Siegel (NC Bar #46397) Irena Como (NC Bar #51812) ACLU of North Carolina Legal Foundation, Inc. PO. Box 28004 Raleigh, NC 27611 (919) 354?5066 kgraunke@acluofnc.org 1kang@acluofnc.org dsiegel@acluofnc.org icomo@acluofnc.org Daryl Atkinson (N.C. Bar #39030) Whitley Carpenter (N.C. Bar #49657) Forward Justice 400 W. Main St., Suite 203 Durham, NC 27701 (919) 323?3889 daryl@forwardjustice.org wearpenter@f0rwardjustice.org Irving Joyner (N.C. Bar #7830) PO. Box 374 Cary, NC 27512 (919) 319-8353 ijoyner@nccu.edu Attorneys for Petitioners -36- CERTIFICATE OF COMPLIANCE Pursuant to Rule 280') of the Rules of Appellate Procedure, counsel for Petitioners certifies that the foregoing brief, which is prepared using a 12-point prOportionally spaced font with serifs, is less than 8,750 words (excluding covers, tables of authorities, table of contents, indices, counsel?s signature block, and certificates of service and compliance) as reported by the word-processing software. This is the 8th day of April 2020. ls/ @729 4/ 1r Kristi L/Graunke (NC Bar #51216) Attorney for Petitioners VERIFICATION I af?rm, under penalty of perjury, that I have prepared the foregoing, and it is accurate to the best of my knowledge, information, and belief. Kristi L. Graunke (NC Bar #51216) Attorney for Petitioners This is the 8th day of April 2020. CERTIFICATE OF SERVICE I hereby certify that the original of the foregoing was this day filed electronically with the North Carolina Supreme Court, and a copy of the foregoing has this day been served by e-mail upon: WILLIAM C. MCKINNEY General Counsel Office of the North Carolina Governor 116 W. Jones Street Raleigh, NC 27603-8001 william.mckinney@nc.gov JANE GILCHRIST General Counsel JODI HARRISON Deputy General Counsel North Carolina Department of Public Safety 4201 Mail Service Center Raleigh, NC 27699 This is the 8th day of April 2020. _i Kristi L. Graunke (NC Bar #51216) Attorney for Petitioners Exhibit A                                                                                                                                       The  Honorable  Roy  Cooper   Governor  of  North  Carolina   20301  Mail  Service  Center   Raleigh,  NC  27699-­‐0301   March  27,  2020   Dear  Governor  Cooper   Thank  you  for  your  leadership  during  this  state  of  emergency.       The  scale  of  the  COVID-­‐19  crisis  becomes  clearer  each  day.  I  recognize  that,  as  governor,  you  must   make  important  decisions  in  the  crucible  of  this  global  health  crisis  that  will  have  life  and  death   consequences.  That  is  a  heavy  burden  to  bear.     As  detailed  in  the  accompanying  letter,  I  and  other  public  health  experts  in  the  state  are  urging  you  to   address  a  particularly  vulnerable  population  in  this  moment:  people  incarcerated  in  North  Carolina   prisons.    Based  on  our  professional  training  and  experience,  we  firmly  believe  that  reducing  the  prison   population  is  a  critical  measure  that  must  be  acted  on  immediately.    This  will  not  only  protect  the  lives   of  those  living  in  prisons,  but  also  the  lives  of  those  who  work  inside  these  facilities,  as  well  as  their   families  and  the  larger  community.   Thank  you  for  your  attention  to  this  urgent  public  health  issue.     Sincerely,     Gavin  Yamey  MD  MPH  MA  MRCP   Director,  Center  for  Policy  Impact  in  Global  Health   Professor  of  the  Practice  of  Global  Health  &  Public  Policy   Associate  Director  for  Policy   Duke  Global  Health  Institute   310  Trent  Drive,  Rm  113  Trent  Hall   Duke  Box  90519,  Durham,  NC  27708       3/27/2020   1    P a g e   gavin.yamey@duke.edu   March 27, 2020 The Honorable Governor Roy Cooper North Carolina Office of the Governor 20301 Mail Service Center Raleigh, NC 27699-0301 Dear Governor Cooper: We, as public health experts and concerned citizens, write to urge you to take immediate action to safeguard the lives of those involved in our statewide court system and the North Carolina Department of Corrections, including those who work or are detained in these facilities, their families, and their communities. These facilities contain high concentrations of people in close proximity and are breeding grounds for the uncontrolled transmission of SARS-CoV-2, the virus that causes COVID-19. The COVID-19 pandemic requires a strategic response based on the conditions we know to exist and the interventions we know to effectively limit transmission. You are well aware that the COVID-19 virus ​transmits rapidly in densely populated spaces​, as evidenced by your recent Executive Orders closing down schools, restaurants, and bars and bans mass gatherings over 50 people. The CDC ​recommends that people keep at least six feet away from each other and avoid gatherings of more than ten people. Responding to the virus also requires an ability to keep sick people from well people and to treat those who have been exposed without endangering others. This “social distancing” has been difficult to accomplish in our society generally, but is impossible to achieve in our state correctional facilities, jails and youth detention centers as things currently stand. Almost ​55,000 people are incarcerated in these facilities. Prisons and jails contain high concentrations of people in close proximity, with people ​housed in tightly-packed and poorly-ventilated dormitories; they share toilets, showers, and sinks; they wash their bedsheets and clothes infrequently; and often lack access to basic personal hygiene items. ​These facilities lack the ability to ​separate sick people from well people and to quarantine those who have been exposed. Concern over the people detained in our jails and prisons should be sufficient to spur you to action, but they are not nearly the only people who stand to suffer if conditions are not changed: it is inconceivable that an outbreak in a prison stays confined to that facility. Through “jail churn” staff, correctional officers, judges, doctors, and visitors will all be exposed to COVID-19 in these facilities and will carry and spread it in the community at large. Facilities combine the worst aspects of cruise ships and nursing homes when dealing with COVID-19, as they contain high concentrations of people in close proximity and are breeding grounds for the uncontrolled transmission of SARS-CoV-2, the virus that causes COVID-19. Unless you immediately address this threat, you are leaving North Carolinians vulnerable to a massive outbreak of COVID-19. But it is within your power to immediately release people from jails and prisons and thus work to mitigate the spread of this disease. To that end, we ask that you take the following urgent steps: First, we ask that you commute sentences for ​all elderly people. ​While the SARS-CoV-2 virus infects people of all ages, the World Health Organization (WHO) is clear that ​older people are at a higher risk of getting severe COVID-19 disease and dying. In fact, the risk of severe disease gradually increases with age starting from around 40 years. Also, ​older people who are released from prison​ ​pose little risk to public safety​. Second, we are also asking that you commute sentences for the ​medically vulnerable population including persons suffering from ​cardiovascular disease, diabetes, chronic respiratory disease, or cancer. In addition to older people, WHO has identified persons with these underlying medical conditions to be at greater risk for contracting severe COVID-19. While there is little known yet about the effects of COVID-19 on pregnant women, the CDC ​explains that with viruses from the same family as COVID-19, and other viral respiratory infections such as influenza, pregnant women have had a higher risk of developing severe illness. Third, we are asking that you commute sentences for ​all persons who have one year or less remaining on their sentence​. This measure will limit overcrowding that can lead to ​further spread of COVID-19 and free up beds that will be needed to care for the sick who should be housed separate from others. Fourth, we call on you to urge local officials to ​drastically reduce jail populations​. Many who are admitted to jail only stay for a short period of time, and more people churn through jails in a day than are admitted or released from state and federal prisons in 2 weeks. To prevent a severe outbreak, local officials should take the following steps immediately: 1. Release of anyone who is held pretrial and who does not pose an unreasonable safety risk to a specific person or persons; 2. Release of all people serving a misdemeanor sentence who are within six months of their release date; 3. Release of all people held locally on probation and parole technical violation detainers or sentences; 4. Increased use of citations in place of arrests and limit custodial arrest only to those few accused of crimes that pose a serious safety risk to a specific person or persons; and 5. Reclassification of misdemeanor offenses that do not threaten public safety into non-jailable offenses. Only if such steps are taken will North Carolina have a chance to flatten the curve of COVID-19 in our communities. Respectfully, Gavin Yamey MD, MPH, MA Professor of the Practice of Global Health and Public Policy Director, Center for Policy Impact in Global Health Associate Director for Policy, Duke Global Health Institute Director, Duke Geneva Global Health Fellowship Duke Global Health Institute Lauren Brinkley-Rubinstein, PhD Assistant Professor of Social Medicine at UNC—Chapel Hill Core faculty member in the UNC Center for Health Equity Research University of North Carolina, School of Medicine Elizabeth B. Dreesen, MD Associate Chief Medical Officer Professor of Surgery University of North Carolina, School of Medicine Shabbar Ranapurwala, PhD Assistant Professor, Department of Epidemiology University of North Carolina, Gillings School of Global Public Health David L. Rosen, MD, PhD, MSPH Associate Professor of Medicine, Division of Infectious Diseases University of North Carolina, School of Medicine Adaora Adimora, MD Professor of Medicine and Epidemiology University of North Carolina, Gillings School of Global Public Health James Thomas, PhD Associate Professor, Department of Epidemiology Director, Measure Evaluation Project, Carolina Population Center University of North Carolina, Gillings School of Global Public Health Michael Herce, MD, MPH, MSc Assistant Professor of Medicine, Division of Infectious Diseases Senior Technical Advisor, UNICEF Project OHTA, Lilongwe, Malawi" University of North Carolina, School of Medicine David Boyd, Phd Hymowitz Family Professor of the Practice of Global Health Duke Global Health Institute Tonia Poteat, MMSc, MPH, PhD Assistant Professor of Social Medicine University of North Carolina, School of Medicine Mike D Fliss, PhD, MPS, MSW Epidemiologist University of North Carolina Kathryn Wouk, PhD, MS, IBCLC Postdoctoral Research Fellow Department of Maternal and Child Health University of North Carolina, Gillings School of Global Public Health Exhibit Exhibit C AFFIDAVIT OF KIM T. CALDWELL 1. My name is Kim T. Caldwell. I am a 64-year-old white man. I have been incarcerated by the North Carolina Department of Public Safety since 2015. I currently live in minimum custody at Dan River Prison Work Farm. 2. I am serving a sentence for drug trafficking and possession. I have a projected release date of April 2021. Over the last five years I’ve only had two disciplinary infractions: “no threat contraband” and “illegal cloth/linen/sheets.” 3. I was diagnosed with hepatitis C in 2015 and recently received antiviral treatment for it. Medical staff told me that I’ve been cured of the virus, but I understand that because the disease progressed to cirrhosis of the liver, I may have permanent liver damage and ongoing risks of developing liver cancer. 4. I also recently received treatment for tuberculosis. I was quarantined for about two months and twenty days. Medical staff say the infection is gone, but I still have more trouble breathing than I used to and I am coughing more. 5. Because of my age and health problems, I’m extremely worried about what will happen to me with the COVID-19 pandemic. At Dan River, I live in a dorm where about 70 people sleep in bunk beds. We’re piled up on top of each other and all have to use the same shower. We only get to go outside for twenty minutes a day. No one has masks except for medical staff. Whenever someone gets a cold or flu, it usually spreads quickly and many people get sick. 6. Within the last couple weeks, two guys with high fevers got shipped out late at night. I don’t understand how they’re doing this to us. 7. I only have twelve months left on my sentence, and I’m really looking forward to spending time with my sister, who lives in Rockingham County, and my brother, who lives in Guilford County. I’m also hoping to start up my old painting business. 8. If I’m released, I would stay with my sister in Rockingham County. I’d be able to shelter in place and do proper social distancing. 2 VERIFICATION I affirm, under the penalties for perjury, that the foregoing representations are true. ____________________________ Kim T. Caldwell April ___, 2020 3 Exhibit D AFFIDAVIT OF JOHN E. STURDIVANT 1. My name is John E. Sturdivant. I am a 73-year-old African American man. 2. I am currently living in the custody of the North Carolina Department of Public Safety, incarcerated at Pasquotank Correctional Institution in Elizabeth City, North Carolina (Minimum 1). 3. I am serving time for trafficking in a schedule II substance and possession of a schedule II substance. My projected release date is April 10, 2024. 4. I suffer from many health problems, including high blood pressure. I have experienced a stroke and I have had prostate cancer. These medical conditions are documented in my prison medical file. 5. Right now, at Pasquotank, we are housed with up to 65 people sleeping in one room. Proper social distancing is not possible. 6. Because of my age and health problems, I am afraid that if I catch COVID-19, I will die. 7. We do have access to soap at this prison, but we do not have access to hand sanitizer. 8. If I am released, I have a safe home to go to in Guilford County, North Carolina with my son, where I will be able to follow CDC guidelines regarding social distancing and hygiene. 1 VERIFICATION I affirm, under the penalties for perjury, that the foregoing representations are true. ____________________ John E. Sturdivant April ___, 2020 i. 2 Exhibit E AFFIDAVIT OF SANDARA KAY DOWELL 1. My name is Sandara Kay Dowell. I am a 51-year-old white woman. 2. I am currently living in the custody of the North Carolina Department of Public Safety, incarcerated at Swannanoa Correctional Center for Women in Black Mountain, North Carolina (Minimum 1). 3. In 1992, I was convicted of second-degree murder and second-degree kidnapping in Stokes County. I was sentenced to a parole-eligible term of life in prison. I have served over 29 years. I have been on minimum custody since 2011. I have over 1700 merit days. 4. I am currently eligible for release on parole. My next parole review is scheduled for December 2020. 5. During my time in prison, I have completed over 30 programs and certificates, including job readiness, workplace skills, character education, choir, computer skills, and the service club. 6. I suffer from many health problems, including high blood pressure, asthma, and Chronic Obstructive Pulmonary Disease (COPD). These conditions are documented in my prison medical file. 7. COPD is a chronic inflammatory lung disease that causes obstructed airflow from the lungs. I regularly experience breathing difficulty, cough, mucus production, and wheezing. I have lost capacity in my lower left lung lobe. Every time I get sick, the illness settles in my chest. I get respiratory infections often. 1 8. In 2019, I experienced severe bronchitis while incarcerated at Neuse Correctional Institution. I was quarantined in the segregation unit. I ended up having to be hospitalized at an outside facility, and I stayed sick for over six months. 9. Right now, at Swannanoa, prison officials have attempted to control COVID19 by separating each dorm from each of the other dorms. 10. However, in my dorm, up to 42 women crowd into one dayroom at a time. It is impossible to maintain social distancing in this space. We are crowded in the dayroom because regular programs have been canceled due to COVID-19. 11. There is not good cleanliness in this prison, including in the shared bathroom and the dayroom. They are not cleaned thoroughly. I have watched the women assigned as janitors do the cleaning job, and as they are paid 40 cents per day, they are often not motivated to clean very deeply, in my opinion. 12. The prison has provided some kind of hand sanitizer product for us, but it does not contain any alcohol. It is not the type of sanitizer that is approved by the Center for Disease Control (CDC), which recommends sanitizer with 60% ethanol or 70% isopropanol. 13. I am scared. I know that as soon as one person gets COVID-19 in my dorm, it will spread like wildfire in the pod. I know that I cannot control whether the other women regularly wash their hands and I know that staff are coming in and out of the facility and may be bringing the virus. 14. We do not have access to face masks. 2 15. Due to my COPD, I am afraid that I will die if I get infected with COVID-19. 16. If I am released, I have a safe home to go to in Durham, North Carolina with my legal spouse, where I will be able to follow CDC guidelines regarding social distancing and hygiene. 3 Exhibit F AFFIDAVIT OF CHRISTINA RHODES 1. My name is Christina Rhodes. I am a 39-year-old white woman. I live in Wilkes County. 2. I am married to Andrew Rhodes. He goes by “Andy.” He has been incarcerated by the North Carolina Department of Public Safety since 2016. He currently lives in minimum custody at Wilkes Correctional Center. He has a projected release date of August 2023. He’s currently serving time for selling drugs, and was sentenced as a “habitual felon.” 3. Andy is a 38-year-old white man. He was diagnosed with hepatitis C in 2008. He has repeatedly sought treatment while in state prison but he’s been turned down. 4. Andy and I were high school sweethearts. We parted ways for about fifteen years and then reconnected. We married last October. 5. We talk all the time about how when he gets out, we have plans to start a business, build a home, and be as productive members of society as possible. 6. I’m extremely stressed about what will happen to Andy in prison with the COVID-19 virus going around. I worry he might not make it home for reasons that could be avoided. 7. While housed at Alexander Correction, Andy completed the upholstery program there with high praise. The program supervisor offered Andy assistance with job placement once he is released. 8. At Wilkes, Andy lives in a big dorm with bunk beds that I think houses about 60 people. I believe there is one bathroom for the entire dorm. He’s told me it’s “physically impossible” to maintain six feet of distance from other people. Whenever someone gets the cold or flu, it spreads like wildfire. 9. Prison staff gave him hand sanitizer and an extra bar of soap, have put up posters about the coronavirus, and are segregating the dorms from each other. But there are still about 60 people in each dorm, and there are still people who go back and forth from the different dorms, like the people who hand out clothes. 10. Wilkes does not have a segregated area. When anyone is given a disciplinary infraction, they have to be shipped to another camp because they don’t have anywhere to segregate them. 11. A lot of the people at Wilkes are on work release at nearby chicken and pork processing plants. They were coming in and out of the prison almost every day until DPS suspended the program sometime at the end of March. 12. One of the work release sites is the Tyson plant where three out of the four confirmed coronavirus cases in Wilkes County came from. 13. Andy has told me that he’s terrified. He knows he’s not perfect and has made mistakes, but he didn’t get a life sentence. 14. Andy’s parents, who live within five minutes of me, are in poor health. Andy’s worried he’ll never see them again. 15. Andy has people that love him and a support system. He has a family that needs him home. 16. If Andy were released, he could come stay with me indefinitely. We would be able to comply with the stay-at-home order and social distancing guidelines. VERIFICATION I affirm, under the penalties for perjury, that the foregoing representations are true. ____________________________ Christina Rhodes April 7, 2020 Exhibit G Affidavit of Mary Pollard 1. My name is Mary Pollard. I am an attorney and I have been licensed to practice in North Carolina since 1993. I have been the Executive Director of North Carolina Prisoner Legal Services, Inc. (“NCPLS”) since 2009. 2. NCPLS is a 501(c)(3) nonprofit law firm that contracts with the North Carolina Office of Indigent Defense Services (“IDS”). IDS is statutorily charged with providing persons incarcerated in North Carolina state prisons with constitutionally required meaningful access to the courts. To that end, NCPLS attorneys represent individuals with claims for post-conviction relief or with claims relating to constitutionally inadequate conditions of confinement. 3. Over the past ten years, I have visited clients located at prisons throughout the state. As I have watched the COVID-19 pandemic unfold, I have been concerned about the safety and wellbeing of my incarcerated clients and of the staff at those institutions. Social distancing at all of the units I have visited is impractical or even impossible. For example, at dormitory style camps like Caswell Correctional, dozens of men sleep in long rows of bunk beds that are almost certainly not six feet apart. Meals are generally taken communally in crowded chow halls. 4. NCPLS gets letters and phone calls from clients all over the state and from their loved ones. In recent days, we have gotten a number of reports of inadequate cleaning supplies and hand sanitizer at the units, as well as concerns about a lack of masks or other personal protective equipment for the correctional officers. One particularly common concern expressed is about conditions in the dining hall and an inability to clean tables sufficiently before and after meals. I visited a client at NCCIW on April 7, 2020 and observed only a handful of staff wearing masks. 5. It is a matter of public record that the North Carolina Department of Public Safety (“DPS’) struggles to recruit and retain sufficient staff to work at prisons throughout the state. This is true both for correctional officers and for health care providers. According to an August 2019 DPS press statement, the statewide vacancy rate for correctional officers was estimated at 21%. A September 2019 report to legislators cited a 28.6% vacancy rate for physicians and a 27.7% vacancy rate for nurses. One reason that is often cited by DPS for staff shortages, particularly for medical staff, is that many of the units are located in remote rural locations. When prisons are shortstaffed, they are dangerous for those who work there and those who live there. It seems inevitable that COVID-19 will spread through our state prisons as it has spread through the federal prison at Butner and that staff illnesses will result in even more significant staff shortages. 6. NCPLS attorney Ben Finholt collects and analyzes publicly available data from DPS as part of his work for the Just Sentencing Project, a grant-funded project studying sentence lengths. Mr. Finholt is an NCPLS employee and I supervise his work, which includes data collection as part of the Project. The Project exists in part to collect and provide data to attorneys and advocates working for criminal justice reform. These advocates recognized long before the COVID-19 pandemic that the best way to ensure that our prisons are safe and effective with the limited resources that are allocated to them is to lower prison populations. There are many incarcerated persons serving unnecessarily long sentences who may safely be released into the community. 7. According to data collected by Mr. Finholt:  As of April 7, 2020, DPS is incarcerating 1,190 people over the age of 65  As of April 1, 2020, DPS was incarcerating 2,015 people eligible for parole.  As of March 30, 2020, there were 10,489 people in DPS prison facilities whose projected release date was on or before March 31, 2020.  An additional 565 people were housed in the State Misdemeanant Confinement program, at the Center for Community Transitions in Charlotte, or at the North Piedmont CRV Center. With the possible exception of a relatively small number of people convicted of aggravated level one DWI, these people are projected to be released within the next twelve months or earlier.  There are approximately 22,000 people in DPS custody whose convictions do not render them ineligible for early medical release.  There are 806 people whose custody level is Minimum 3 and who are within 1 year of release or parole eligibility and who have been infraction free for 90 days. As we understand the criteria for the home leave program, people in this group who have been in Minimum 3 for at least 90 days would be eligible for home leave. 8. NCPLS attorneys also represent people in post-release revocation hearings before the North Carolina Parole Commission. According to DPS website statistics, there were 24,021 prison entries during calendar year 2019, and 6,325 entries described as “returned from parole.” DPS characterizes our clients whose post-release revocation is revoked on the DPS offender profile website as “returned from parole.” Accordingly, it appears that approximately 26% of 2019 prison entries were as a result of parole or postrelease revocations. Further affiant sayeth not. This the 8th day of April, 2020. /s/ Mary Pollard _________________ Mary Pollard Affirmed by me under penalty of perjury. Original signature available as soon as practical. Exhibit H Declaration of Dr. David Rosen, Dr. Lauren Brinkley-Rubinstein, Dr. Gavin Yamey, Dr. Mike Dolan Fliss, and Dr. Shabbar I. Ranapurwala We, Drs. David Rosen, Lauren Brinkley-Rubinstein, Gavin Gamey, Mike Dolan Fliss, and Shabbar I. Ranapurwala, declare as follows: I. Background and Expertise Dr. David Rosen 1. I am Dr. David Rosen, an Associate Professor of Medicine in the Division of Infectious Diseases within the School of Medicine at the University of North Carolina—Chapel Hill (UNC) and Adjunct Assistant Professor in the Department of Epidemiology at the UNC Gillings School of Global Public Health. I received my doctorate in Epidemiology in 2008 and my doctorate in Medicine in 2010, both from UNC. I completed postdoctoral fellowships at the UNC Sheps Center for Health Services Research and the UNC Institute for Global Health and Infectious Diseases. I am a practicing epidemiologist and health services researcher specializing in the health of and healthcare for people in the criminal justice system. 2. I have conducted research to understand and improve the health of incarcerated people for over 20 years. Much of my research has focused on the health of people incarcerated in the North Carolina Department of Public Safety Division of Prisons (i.e. the NC prison system). I have led several National Institutes of Health (NIH)-funded studies in or about the prison system that have conducted in-depth interviews with incarcerated persons, healthcare providers and social workers; surveyed hundreds of incarcerated persons about their health; and analyzed the incarceration and health information for more than 100,000 incarcerated persons. Additionally, I am a co-investigator of the NC Formerly Incarcerated Transitions (FIT) Program, a collaboration with the state prison system, which helps support continuity of care as incarcerated people transition from correctional settings back to the community. 3. I have published over 40 scientific articles about the relationship between justice-involvement and health and healthcare in some of the leading peerreview journals (including JAMA, American Journal of Public Health, and Journal of Acquired Immune Deficiency Syndrome). Among others, my research articles focused on the NC prison system have examined the prevalence of chronic health conditions; impact of DPS HIV testing policies on case ascertainment and patients’ attitudes towards testing; access to care during periods of incarceration and in the community; all-cause and causespecific mortality during incarceration and at release; the relationship between solitary confinement and post-release mortality; and the relationship between community hospitalization during incarceration and post-release mortality. In November 2019 I served as the guest co-editor for an issue of the North Carolina Medical Journal focused on the health of incarcerated persons in the state. 4. My C.V. includes a full list of my honors, experiences, and publications, and is attached as Exhibit A. Dr. Lauren Brinkley-Rubinstein 5. I am Dr. Lauren Brinkley-Rubinstein, an Assistant Professor in the Department of Social Medicine and the Center for Health Equity Research at the University of North Carolina at Chapel Hill. I am trained as a Community Psychologist. I completed a Master’s Degree in Criminal Justice at the City University of New York in 2006. I then went on to obtain a PhD in Community Research and Action in 2015 and a postdoctoral fellowship in HIV and Other Infectious Consequences of Substance Use at the Alpert Medical School at Brown University. 6. I have worked for nearly 15 years on research at the intersection of incarceration and public health. I have been the principal investigator of several National Institutes of Health-funded studies that investigate or address the health of people who have been or are currently incarcerated. These studies are primarily concerned with the prevention of poor health outcomes, overdose, and HIV transmission and acquisition. I am also on the steering committee of the recently launched Justice Substance Use and HIV Prevention working group of the Center for AIDS Research. 7. I have written and published extensively on the topics of incarceration and health (60+) including book chapters and articles in leading peer-reviewed journals (including Lancet HIV, JAMA Open Network, American Journal of Public Health, International Journal of Drug Policy). I co-edited a special issue of the American Journal of Public Health that frames incarceration as a socio-structural driver of health inequities. Relatedly, at this year’s annual meeting of the American Public Health Association, I will be an expert plenary speaker on a panel related to mass incarceration and public health. Most recently, I have been engaging in scholarship related to COVID-19. I am the senior author on a new article in Clinical Infectious Diseases that provides COVID-19 prevention guidelines for jails, was an expert panelist for the Foundation for Opioid Response webinar related to COVID-19 in correctional facilities, and have a forthcoming article in the American Journal of Public Health that discusses COVID-19 in the context of criminal justice reform. 8. My C.V. includes a full list of my honors, experience, and publications, and it is attached as Exhibit B. Dr. Gavin Yamey 9. I am Dr. Gavin Yamey, Director of the Center for Policy Impact in Global Health (CPIGH) in the Duke Global Health Institute (DGHI) at Duke University, Durham, North Carolina. I am a Professor of Global Health and the Associate Director for Policy at DGHI and I am a Professor of Public Policy in the Duke Sanford School of Policy. I am also a Core Faculty Member of Duke’s Margolis Center for Health Policy and am the Faculty Director for the Duke Global Policy Program in Geneva. I teach health policy and health systems to undergraduate and graduate students, including medical students. I am a physician who trained in Britain, and I am a Member of the Royal College of Physicians UK. I have a master degree in public health from the London School of Hygiene and Tropical Medicine. I trained in medical journalism through a fellowship at the British Medical Journal (BMJ). 10. At CPIGH I lead a team of researchers, working on health policy and health disparity worldwide. I focus on ways to improve national health systems and reach universal health coverage. In this work, I engage intensively with policymakers. I have chaired policy workshops at the National Academy of Medicine, on pandemic preparedness, and at the Duke in DC office, on topics such as funding research and development for neglected diseases. A major priority for my work is infectious disease control, including ways to curb HIV, TB, malaria, and outbreaks of emerging infectious diseases. During this current COVID-19 pandemic, I have been called upon by national and international bodies to provide expert inputs on topics such as developing COVID-19 vaccines and mobilizing emergency funding for the COVID-19 response. I have served on four international health commissions—on investing in health; global surgery; tuberculosis; and the links between health, gender, and peace. 11. I have published 191 papers or articles in peer-reviewed journals on a broad range of topics related to health disparities and inequities, social determinants of health, and neglected diseases. I have also been a frequent commentator on NPR and am a regular columnist for TIME magazine, which published my recent piece on COVID-19 outbreaks in US prisons and jails. 12. My C.V. includes a full list of my honors, experience, and publications, and it is attached as Exhibit C. Dr. Mike Dolan Fliss 13. I am Dr. Mike Dolan Fliss, a research scientist at the UNC Injury Prevention Research Center and part-time epidemiologist with the NC Injury & Violence Prevention Branch at the Division of Public Health. I completed a PhD in Epidemiology from UNC Chapel Hill, Masters in Social Work from UNC Chapel Hill, and Masters of Professional Science in Biomedical Informatics. I have worked in public health in North Carolina for the past 10 years, at the county, state, and university research levels. 14. I have served on the Orange County Bias-Free Policing Task Force since 2015. My dissertation was on racial disparities in and accurate measurement of North Carolina traffic stops. I have some experience working with DPS data on North Carolina prison populations, and Administrative Office of the Courts (AOC) data. My expertise and training include identifying racial injustices in policing and in the built and natural environment; tracking injury outcomes like opioid overdoses, child maltreatment, and car crashes; and building public health dashboards for situational awareness, policy change, and population health improvement. 15. I have been funded by the North Carolina Department of Public Health, Carolina Center for Health Informatics, and Council of State and Territorial Epidemiologists for bringing research to practice in North Carolina. I have published in peer-reviewed journals on measuring disparities and the link between criminal justice and public health. 16. My C.V. includes a full list of my honors, experience, and publications, and it is attached as Exhibit D. Dr. Shabbar I. Ranapurwala, PhD, MPH 17. I am Dr. Shabbar I. Ranapurwala, Assistant Professor of Epidemiology at the University of North Carolina at Chapel Hill, and a core faculty member at the UNC Injury Prevention Research Center. I have a PhD in Epidemiology from UNC, Chapel Hill, and was trained as a physician in India. 18. Over the past five years I have worked on opioid overdose and prevention, along with a focus on opioid overdose deaths, homicides, and suicides postrelease among justice involved individuals. I have received funding from the CDC and NIH to do work in these research areas. Over the past three years, I have continuously engaged with the North Carolina Department of Public Safety (NCDPS) on health issues affecting justice involved individuals. 19. I have written and published on the topics of post-release mortality among people involved in the criminal justice system including articles in leading peer-reviewed journals (including JAMA Open Network, American Journal of Public Health, and Drug Alcohol Dependence) on issues of post-release services for formerly incarcerated individuals including community mental health and substance use treatment services. 20. My C.V. includes a full list of my honors, experience, and publications, and it is attached as Exhibit E. II. Heightened Risk of Epidemics in Correctional Facilities 21. The risk posed by infectious diseases in prisons is significantly higher than in the community, both in terms of risk of transmission, exposure, and harm to individuals who become infected. There are several reasons this is the case, as described below. 22. Globally, outbreaks of contagious diseases are all too common in closed correctional settings and are more common than in the community at large. Prisons are not isolated from communities. Staff, visitors, contractors, and vendors pass between communities and prison facilities and can bring infectious diseases into prisons. People released from prison can bring infectious diseases into the community. People in prison often need to be transported between different prisons within the prison system, which can foster transmission. 23. Reduced prevention opportunities: Congregate settings such as prisons allow for rapid spread of infectious diseases that are transmitted person to person, especially those passed by droplets through coughing and sneezing. When people must share dining halls, bathrooms, showers, and other common areas, the opportunities for transmission are greater. When infectious diseases are transmitted from person to person by droplets or through the air, the best initial strategy is to practice social distancing. When imprisoned, people have much less of an opportunity to protect themselves by social distancing than they would in the community. Spaces within correctional facilities are often poorly ventilated, which promotes highly efficient spread of diseases through droplets. When people are shackled using wrist restraints, they are prevented from covering their mouth when they cough, thus promoting viral transmission. Placing someone in such a setting therefore dramatically reduces their ability to protect themselves from being exposed to and acquiring infectious diseases. 24. Disciplinary segregation or solitary confinement is not an effective disease containment strategy. Beyond the known detrimental mental health effects of solitary confinement, isolation of people who are ill in solitary confinement results in decreased medical attention and increased risk of death. Isolation of people who are ill using solitary confinement also is an ineffective way to prevent transmission of the virus through droplets to others because, except in specialized negative pressure rooms (rarely in medical units if available at all), air continues to flow outward from rooms to the rest of the facility. Risk of exposure is thus increased to other people in prison and staff. 25. Reduced prevention opportunities: During an infectious disease outbreak, people can protect themselves by washing hands. Prisons do not provide adequate opportunities to exercise necessary hygiene measures, such as frequent handwashing or use of alcohol-based sanitizers when handwashing is unavailable. Prisons are often under-resourced and ill-equipped with sufficient hand soap and alcohol-based sanitizers for people detained in and working in these settings. High-touch surfaces (doorknobs, light switches, etc.) should also be cleaned and disinfected regularly with bleach to prevent virus spread, but this is often not done in jails and prisons because of a lack of cleaning supplies and lack of people available to perform necessary cleaning procedures. Face masks can also be an important tool in reducing droplet disease transmission1 by reducing the dispersion of infectious particles among cases and by reducing opportunities for inoculation among susceptible persons. 26. Reduced prevention opportunities: During an infectious disease outbreak, a containment strategy requires people who are ill with symptoms to be isolated and that caregivers have access to personal protective equipment (PPE), including gloves, masks, gowns, and eye shields. Prisons are often Recommendation Regarding the Use of Cloth Face Coverings, Especially in Areas of Significant Community-Based Transmission. Available at https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/cloth-facecover.html. Accessed April 5, 2020. 1 under-resourced and ill-equipped to provide sufficient personal protective equipment for people who are incarcerated and caregiving staff, increasing the risk for everyone in the facility of a widespread outbreak. 27. Increased susceptibility: People incarcerated in jails and prisons are more susceptible to acquiring and experiencing complications from infectious diseases than the population in the community.2 This is because people in prison are more likely than people in the community to have chronic underlying health conditions, including diabetes, heart disease, chronic lung disease, chronic liver disease, and lower immune systems from HIV.3 28. Prisons are often poorly equipped to diagnose and manage infectious disease outbreaks. The medical facilities at prisons are almost never sufficiently equipped to handle large outbreaks of infectious diseases. To prevent transmission of droplet-borne infectious diseases, people who are infected and ill need to be isolated in specialized airborne negative pressure rooms. Most prisons have few negative pressure rooms if any, and these may be already in use by people with other conditions (including tuberculosis or influenza). Resources will become exhausted rapidly and any beds available will soon be at capacity. This makes both containing the illness and caring for those who have become infected much more difficult. 29. Compared to community settings, prisons do not have the same access to health resources that can be crucial in identifying and managing widespread outbreaks of infectious diseases. This includes access to testing equipment, laboratories, and medications. 30. Prisons often need to rely on outside facilities (hospitals, emergency departments) to provide intensive medical care given that the level of care they can provide in the facility itself is typically relatively limited. During an epidemic, use of outside healthcare facilities will likely be limited, as community needs may outpace the capacity of community healthcare facilities. Active case finding for communicable diseases in prisons, 391 The Lancet 2186 (2018), https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(18)312510/fulltext. 3 Maruschak LM, Berzofsky M, Unangst J. Medical Problems of State and Federal Prisoners and Jail Inmates, 2011–12. Washington, DC: US Department of Justice, Bureau of Justice Statistics; 2015 February Report No.: NCJ 248491. 2 31. Health safety: As an outbreak spreads through prisons and communities, medical personnel become sick and do not show up to work. Absenteeism means that facilities can become dangerously understaffed with healthcare providers. This increases a number of risks and can dramatically reduce the level of care provided. As health systems inside prison systems are taxed, people with chronic underlying physical and mental health conditions and serious medical needs may not be able to receive the care they need for these conditions. As supply chains become disrupted during a global pandemic, the availability of medicines and food may be limited. 32. Safety and security: As an outbreak spreads through prisons and communities, correctional officers and other security personnel become sick and do not show up to work. Absenteeism poses substantial safety and security risk to both the people inside the facilities and the public. 33. These risks have all been borne out during past epidemics of influenza in jails and prisons. For example, in 2012, the Centers for Disease Control and Prevention (CDC) reported an outbreak of influenza in 2 facilities in Maine, resulting in two inmate deaths.4 Subsequent CDC investigation of 995 inmates and 235 staff members across the 2 facilities discovered insufficient supplies of influenza vaccine and antiviral drugs for treatment of people who were ill and prophylaxis for people who were exposed. During the H1N1strain flu outbreak in 2009 (known as the “swine flu”), jails and prisons experienced a disproportionately high number of cases.5 Even facilities on “quarantine” continued to accept new intakes, rendering the quarantine incomplete. These scenarios occurred in the “best case” of influenza, a viral infection for which there was an effective and available vaccine and antiviral medications, unlike COVID-19, for which there is currently neither. 34. Pregnant women are at even higher risk: Women who are incarcerated are more likely than the general population to have high-risk pregnancies. They are more likely to give birth prematurely and to have other health issues like pre-eclampsia. Due to possible staff shortages and greater resources devoted to the COVID-19 response, pregnant women may not have access to Influenza Outbreaks at Two Correctional Facilities — Maine, March 2011, Centers for Disease Control and Prevention (2012), https://www.cdc.gov/mmwr/preview/mmwrhtml/mm6113a3.htm. 5 David M. Reutter, Swine Flu Widespread in Prisons and Jails, but Deaths are Few, Prison Legal News (Feb. 15, 2010), https://www.prisonlegalnews.org/news/2010/feb/15/swine-flu-widespread-in-prisonsand-jails-but-deaths-are-few/. 4 necessary care such as needed scans or appointments. In, addition, women’s medical calls could go unanswered or responded to slowly impacting timely transfer to the hospital for birth or other emergency situations.6 III. Profile of COVID-19 as an Infectious Disease in North Carolina Prisons7 35. The novel coronavirus, officially known as SARS-CoV-2, causes a disease known as COVID-19. The virus is thought to pass from person to person primarily through respiratory droplets (by coughing or sneezing) but may also survive on inanimate surfaces. People seem to be most able to transmit the virus to others when they are sickest but it is possible that people can transmit the virus before they start to show symptoms or for weeks after their symptoms resolve. It was recently recognized that up to 25% of those infected remain asymptomatic. In China, where COVID-19 originated, the average infected person passed the virus on to 2-3 other people; transmission occurred at a distance of 3-6 feet. Not only is the virus very efficient at being transmitted through droplets, everyone is at risk of infection because our immune systems have never been exposed to or developed protective responses against this virus. A vaccine is currently in development but the very earliest that a vaccine is likely to be available is around 12-18 months from now.8 Antiviral medications are currently in testing but not yet FDAapproved, so only available for compassionate use from the manufacturer. People in prison and jail will likely have even less access to these novel health strategies as they become available. Emily Goddard, Government Must Release Pregnant Women from Prison or Risk Lives, Campaigners Warn, March 22, 2020, available at https://www.independent.co.uk/news/uk/politics/pregnant-women-prisoncoronavirus-covid19-england-wales-a9416991.html. 7 This whole section draws from Brooks J. Global Epidemiology and Prevention of COVID19, COVID-19 Symposium, Conference on Retroviruses and Opportunistic Infections (CROI), virtual (March 10, 2020); Coronavirus (COVID-19), Centers for Disease Control, https://www.cdc.gov/coronavirus/2019-ncov/index.html; Brent Gibson, COVID-19. (Coronavirus): What You Need to Know in Corrections, National Commission on Correctional Health Care (February 28, 2020), https://www.ncchc.org/blog/covid-19coronavirus-what-you-need-to-know-in-corrections. 8 Yamey G, Schäferhoff M, Hatchett R, Pate M, Zhao F, Kennedy McDade K. Ensuring global access to COVID-19 vaccines. Lancet 2020 Mar 31. doi: 10.1016/S0140-6736(20)30763-7. 6 36. Most people (80%) who become infected with COVID-19 will develop a mild upper respiratory infection but emerging data from China suggests serious illness occurs in up to 16% of cases, including death.9 Serious illness and death is most common among people with underlying chronic health conditions, like heart disease, lung disease, liver disease, and diabetes, and older age.10 37. The care of people who are infected with COVID-19 depends on how seriously they are ill.11 People with mild symptoms may not require hospitalization but may continue to be closely monitored at home. People with moderate symptoms may require hospitalization for supportive care, including intravenous fluids and supplemental oxygen. People with severe symptoms may require ventilation and intravenous antibiotics. Public health officials anticipate that hospital settings will likely be overwhelmed and beyond capacity to provide this type of intensive care as COVID-19 becomes more widespread in communities. 38. COVID-19 prevention strategies include containment and mitigation. Containment requires intensive hand washing practices, decontamination and aggressive cleaning of surfaces, and identifying and isolating people who are ill or who have had contact with people who are ill, including the use of personal protective equipment. Jails and prisons are totally under-resourced to meet the demand for any of these strategies. As infectious diseases spread in the community, public health demands mitigation strategies, which involves social distancing and closing other communal spaces (schools, workplaces, etc.) to protect those most vulnerable to disease. Prisons are unable to adequately provide social distancing or meet mitigation recommendations as described above. With the approximately 50,000 in the NC prison system (35,000 incarcerated persons and 14,000 staff) unable to Coronavirus Disease 2019 (COVID-19): Situation Summary, Centers for Disease Control and Prevention (March 14, 2020), https://www.cdc.gov/coronavirus/2019ncov/summary.html. 10 Clinical course and risk factors for mortality of adult inpatients with COVID-19 in Wuhan, China: a retrospective cohort study. The Lancet (published online March 11, 2020), https://www.thelancet.com/journals/lancet/article/PIIS01406736(20)30566-3/fulltext 11 Coronavirus Disease 2019 (COVID-19): Interim Clinical Guidance for Management of Patients with Confirmed Coronavirus Disease, Centers for Disease Control and Prevention (March 7, 2020), https://www.cdc.gov/coronavirus/2019ncov/hcp/clinical-guidancemanagement-patients.html. 9 fully partake in social distancing, it is likely that the prison system will remain a reservoir of infection for the entire state. 39. People infected with the virus causing COVID-19 frequently do not display symptoms; those who do develop symptoms can transmit infection prior to showing symptoms. It has been estimated that up to 25% of people infected with the novel coronavirus do not display any symptoms and those who do develop symptoms are infectious prior to symptom onset. Accordingly, existing symptom-based screening is an insufficient mechanism to identify probable cases and stop disease transmission both within prison facilities and between prison and community settings. 40. With asymptomatic transmission, use of face masks is an essential tool to reduce the spread of infectious particles among COVID-19 cases and to reduce exposure among those who are susceptible. As of April 6, masks were reportedly allotted to incarcerated persons and staff in three NC prisons with identified cases, but the distribution of masks to incarcerated persons and staff in other facilities appears to be incomplete until the prison system can ramp up mask production. Although the prison system’s goal is to issue masks to all incarcerated persons and staff, in the meantime there has been ample opportunity for asymptomatic transmission to occur within the prison system. 41. COVID-19 continues to spread across the globe, in the US, and in NC. Across the globe, there are now more than 1.2 million confirmed cases of COVID-19. The first US case of COVID-19 was identified on January 21, 2020 and as of April 4, 2020, over 300,000 cases have been detected with more than 8,500 (2.8%) resulting deaths.12 Coronavirus COVID-19 Global Cases by the Center for Systems Science and Engineering (CSSE) at Johns Hopkins University (JHU). https://coronavirus.jhu.edu/map.html. Accessed April 5. 12 42. In NC, the first COVID-19 case was detected on March 1, 2020. As of April 7, 2020, more than 3,257 cases had been identified in the state.13 Characteristic of COVID-19 transmission, the daily number of cases detected in the state continues to grow exponentially, with the number of new cases in NC doubling about every three days. This finding is also impacted by growing testing capacity in the state. 43. Rates of hospitalization, ICU beds need, and death in the US and in NC are high. In the US as in other countries, rates of hospitalization, need for intensive care, and death among those infected with COVID-19 are high and increase with age. A CDC investigation of outcomes among all COVID-19 cases from mid-February to mid-March14 reported that among infected persons aged 20-40 years, the rate of hospitalization was 14-21% and the case fatality rate was 0.10.2%. Among infected persons aged 55 or older, the hospitalization rate was at least 21% and the rate of mortality was at least 1.4%; among infected persons aged 85 years or older, the case fatality rate was greater than 10%. Although these rates may be elevated because they do not account for asymptomatic cases that remained undetected in the community, the high rates of poor health outcomes among infected persons invokes concern that healthcare systems, including correctional healthcare systems, can be overwhelmed. According to state DHHS data, as of April 7, 2020, 11% (271/2402) of COVID19 cases in NC have been hospitalized and 1.6% (24/2402) have died. Source: NC DHHS and county health departments. Data available from https://www.newsobserver.com/news/local/article241168731.html; accessed April 7. 14 Severe Outcomes Among Patients with Coronavirus Disease 2019 (COVID-19) — United States, February 12–March 16, 2020. MMWR Morb Mortal Wkly Rep 2020;69:343-346. Available at https://www.cdc.gov/mmwr/volumes/69/wr/mm6912e2.htm?s_cid=mm6912e2_w#T1_ down. Accessed April 5, 2020 13 44. Other correctional systems are incurring COVID-19 cases among incarcerated persons and staff, but comprehensive information on transmission in these systems is incomplete. Thus far, comprehensive reports of COVID-19 transmission in correctional settings are lacking. However, there are several media reports of large clusters that have occurred. For example, the Cook County (IL) Jail identified its first cases on March 23rd. Since then, the Cook County Jail has had a total of 210 detained persons and 60 employees that have tested positive for COVID-19. Fourteen of the detained persons (6.7%) who tested positive are now hospitalized. 15 In Rikers Island Jail, 231 incarcerated people and 223 staff members have tested positive for COVID-19, and the infection rate is about 8 times that in New York City overall (4% vs 0.51%).16 In the federal Bureau of Prisons, 195 incarcerated persons and 63 staff have tested positive for COVID-19, and there have been 8 inmate deaths which accounts for 4% death rate (in contrast to approximately 1% death rate in NC). At the Butner Federal Correctional Complex in Granville County, NC, at least 54 detained people and one staff member have tested positive as of April 6.17 Data are also beginning to emerge from state prison systems. Michigan and Illinois have 207 and 62 incarcerated persons who are infected, respectively. And state prison systems in Michigan18, California19, Florida,20 New York,21 Cook County Jail Now Reports 210 Inmates Have Tested Positive for COVID-19. Available at https://www.nbcchicago.com/news/coronavirus/cook-county-jail-nowreports-210-inmates-have-tested-positive-for-covid-19/2250366/. Accessed April 5, 2020 16 Craven J. Coronavirus Cases Are Spreading Rapidly on Rikers Island. April 2, 2020. Available at https://slate.com/news-and-politics/2020/04/rikers-coronaviruscases-increase.html; accessed April 5, 2020 17 Dan Kane & Ashad Ajela, Coronavirus cases surge at Butner prison complex in NC, county official reports, April 6, 2020. Available at https://www.newsobserver.com/news/coronavirus/article241801076.html. 18 Megan Schellong. More than 200 cases of COVID-19 reported in Michigan Department of Corrections facilities. April 4, 2020. Available at: https://www.wlns.com/news/more-than-200-cases-of-covid-19-reported-in-michigandepartment-of-corrections-facilities/. Accessed on April 6, 2020 19 COVID-19 Preparedness. Available at https://www.cdcr.ca.gov/covid19/. Accessed April 5, 2020 20 Dara Kam. 2 Florida inmates test positive for COVID-19. April 5, 2020. Available at: https://www.news4jax.com/news/florida/2020/04/05/2-florida-inmates-testpositive-for-covid-19/. Accessed on April 6, 2020. 21 Emily Russell. NYS Prisons: 105 employees and 14 inmates test positive for COVID-19. March 31, 2020. Available at: https://news.wbfo.org/post/nys-prisons105-employees-and-14-inmates-test-positive-covid-19. Accessed on April 6, 2020. 15 Louisiana22, New Jersey23, and Illinois24 all have 20 or more staff who have tested positive. High rates of infection have been detected in correctional facilities outside of the US. In perhaps the only example in which all incarcerated persons within a facility were tested for COVID-19, the Rencheng Prison in the Shandong province of China found that 10% (207/2007) of incarcerated persons were infected. News outlets reported that Iran temporarily released 70,000 prisoners when COVID-19 was detected in its prisons.25 45. To mitigate harms of COVID-19, some prison systems have begun planning for early release. The US Attorney General William Barr has requested that the Bureau of Prisons release all incarcerated persons who could be eligible for home confinement and were at increased risk for infection.26 Among other state prison systems, those in California (planned 3,500 releases)27, Iowa (expediting release of 700+ approved for work release)28, and Illinois Louisiana Department of Public Safety & Corrections. COVID-19 staff positives. Available at https://doc.louisiana.gov/doc-covid-19-testing/. Accessed April 6, 2020 23 State of New Jersey Department of Corrections COVID-19 Updates. Available at https://www.state.nj.us/corrections/pages/COVID19Updates.shtml. Accessed April 6, 2020 24 IDOC Facilities. COVID-19 Response. Available at https://www2.illinois.gov/idoc/facilities/Pages/Covid19Response.aspx. Accessed April 6, 2020 25 Iran temporarily releases 70,000 prisoners as coronavirus cases surge, Reuters (March 9, 2020), https://www.reuters.com/article/us-health-coronavirus-iran/iran-temporarilyreleases-70000-prisoners-as coronavirus-cases-surge-idUSKBN20W1E 26 Benner K. Barr Expands Early Release of Inmates at Prisons Seeing More Coronavirus Cases. April 3, 2020. Available at https://www.nytimes.com/2020/04/03/us/politics/barr-coronavirus-prisonsrelease.html. Accessed April 5, 2020. 27 Paige St. John. California to release 3,500 inmates early as coronavirus spreads inside prisons. March 31, 2020. Available at: https://www.latimes.com/california/story/2020-03-31/coronavirus-california-release3500-inmates-prisons. Accessed on April 6, 2020. 28 Linh Ta. Iowa’s prisons will accelerate release of approved inmates to mitigate COVID-19. Available at: https://www.timesrepublican.com/news/todaysnews/2020/03/iowas-prisons-will-accelerate-release-of-approved-inmates-tomitigate-covid-19/. Accessed on April 6, 2020. 22 (300 releases)29 are in the midst of increasing the number of releases in response to COVID-19. 46. The NC prison system is a large and sprawling organization. North Carolina has the 12th largest state prison system in the country.30 More than 14,000 (per 2018 data)31 DPS personnel operate the system’s 56 prisons32 that span much of the state. As of February 29, 2020, there were just over 35,000 people incarcerated in the prison system, with approximately 23,000 entering and exiting the system each year. 33 47. People incarcerated the NC prison system have a heavy burden of health problems. In the US, morbidity among incarcerated people is commonly high, and NC is no exception. In our recently published study, we found that in 2015-2016, 33% of people released from the NC prison system had taken medication for a chronic health condition during their incarceration: 15% had cardiovascular disease, 6% had a pulmonary condition, 3% had diabetes, and Devin Trubey. Inmates released to stop spread of COVID-19. March 31, 2020. Available at: https://newschannel20.com/news/coronavirus/inmates-released-to-stopspread-of-covid-19. Accessed on April 6, 2020. 30 Bronson J, Carson EA. Prisoners in 2017. Washington, DC: US Department of Justice, Bureau of Justice Statistics; 2019 April. Report No.: NCJ 252156. Available at https://www.bjs.gov/index.cfm?ty=pbdetail&iid=6546. Accessed on April 5, 2020. 31NC Department of Public Safety. Prisons. March 20, 2018. Available at https://files.nc.gov/ncdps/documents/files/Status%20of%20Prisons%20Presentation %20to%20Prison%20Reform%20Advisory%20Board%203-20-18.pdf. Accessed April 1, 2020. 32 NC DPS. Prison Facilities. Available at https://www.ncdps.gov/AdultCorrections/Prisons/Prison-Facilities. Accessed April 5, 2020. 33 DPS Office of Research and Planning. Automated Query System. Available at https://webapps.doc.state.nc.us/apps/asqExt/ASQ. Accessed April 1, 2020. 29 3% had a chronic infectious disease such as HIV or tuberculosis. Among those aged 65 years and older, 84% had a chronic condition and 54% had multiple. Nearly half of those aged 35-54 years had at least one chronic condition, and 21% had multiple conditions. Prison physicians have observed that incarcerated people often appear to age faster compared to the general population due to both the increased burden of chronic disease, putting them at increased risk for adverse health outcomes and death resulting from COVID-19.34 48. In the NC prison system, incarcerated people living with psychiatric conditions have a heavier burden of non-psychiatric, chronic conditions as compared to the general prison population. Our study of chronic health conditions in the NC prison system found that within every age group, those with a psychiatric disorder had a higher prevalence of non-psychiatric, chronic health problems as compared to the other people incarcerated in the NC prison system. This finding suggests that those with psychiatric problems may be particularly vulnerable to the consequences of infection with the novel coronavirus. 49. Medical care in the NC prison system is understaffed. As of September 2019, the NC prison system had 1,153 health care positions filled, with a vacancy rate of about 20%. This included vacancies among 28% of physician and registered nurse positions and vacancies for 15% of certified nursing assistant II positions.35 Quarantine of staff with confirmed or probable infection would result in further reductions in the prison system healthcare workforce. 50. Under normal conditions, it can be difficult to obtain needed care in NC prisons. In a 2018 survey conducted among 208 people incarcerated in the NC prison system who had chronic health condition, 64% reported that it was “harder” to get healthcare in prison than in the community; 51% reported needing but not receiving a prescription medication during their current incarceration; and 48% reported having gone without needed medical care during their current incarceration (unpublished data collected by Dr. Rosen). Barbara Bradley Hagerty, Innocent Prisoners Are Going to Die of the Coronavirus, Mar. 31. 2010, available at https://www.theatlantic.com/ideas/archive/2020/03/americas-innocent-prisoners-aregoing-die-there/609133/. 35 Healthcare Staffing at North Carolina State Prisons: How we are combatting healthcare vacancies. Available at https://files.nc.gov/ncdps/documents/files/PrisonReform-Committe-on-Healthcare-PPT-9182019.pdf. Accessed on April 1, 2020 34 A nationally representative survey of people incarcerated in state and federal prisons found that 44% of respondents were “not at all satisfied” with their healthcare, and 52% found that their care during incarceration was worse than care they received in the community in the 12 months preceding their incarceration.36 As the number of COVID-19 cases increases, the typical challenges in receiving needed healthcare in the NC prison system and in other US prison systems are likely to be exacerbated. 51. The North Carolina prison system relies on community hospitals to provide care. Although the prison system maintains medical facilities for men and women, the system is often dependent on community hospitals for the delivery of care. In 2016, for example, there were 2,165 outside hospitalizations37 among persons incarcerated in the prison system. 52. The prison system does not possess any mechanical ventilators, which are essential in sustaining life among those with respiratory failure. Without onsite ventilators, incarcerated persons with worsening COVID-19 symptoms will need to be transferred to community hospitals. These transfers require accompaniment by correctional officers. Considering current staff shortages, capacity to conduct these transfers may be hampered as the number of COVID-19 cases requiring advanced medical care are needed. 53. Known cases of COVID-19 in the NC state prison system. As of April 3, there were 8 known COVID-19 cases associated with the NC prison system, 4 among incarcerated persons and 4 among staff.38 As of April 5, an additional 3 incarcerated persons have tested positive.39 Thirty-six adult offenders and Maruschak LM, Berzofsky M, Unangst J. Medical Problems of State and Federal Prisoners and Jail Inmates, 2011–12. Washington, DC: US Department of Justice, Bureau of Justice Statistics; 2015 February Report No.: NCJ 248491. 37 NC DPS. Memorandum to Chairs of Senate Appropriations Committee on Justice and Public Safety Chairs of House Appropriations Subcommittee on Justice and Public Safety Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety. Feb 1, 2017. Available at https://www.ncleg.gov/documentsites/committees/JLOCJPS/Reports/FY%20201617/DPS_Inmate_Medical_CostContainment_Q2_Oct-Dec%202016_2017-02-27.pdf. Accessed April 1, 2020. 38 WECT staff. At least 4 inmates test positive for COVID-19, N.C. prison officials say. Available at https://www.wect.com/2020/04/02/least-inmates-test-positivecovid-nc-prison-officials-say/. Accessed April 5, 2020 39 7 state prison inmates in NC have now tested positive for COVID-19. April 5, 2020. Available at 36 2 juvenile justice offenders have been placed in isolation for respiratory or flu-like symptoms. Given the epidemic curve in the country and in NC, these numbers are expected to continue rising. 54. Considering the large size of the prison population, low levels of infection among incarcerated persons and staff can result in relatively high numbers of adverse health outcomes, stressing prison operations, including healthcare delivery. We used a simple approach to estimate the likely number COVID-19 related hospitalizations, ICU need, and deaths among incarcerated persons and staff. Our estimates are based on an approach called direct standardization, in which we assumed that those infected will have the “rates” of outcomes (hospitalization, needed ICU beds, and deaths) as reported in the CDC report described above.40 Because outcomes (hospitalization, ICU needed, death) become more likely with increasing age, the analysis takes into account the age distribution of the incarcerated and staff populations. Considering the lack of information about the proportion of people in prison that will become infected (see “COVID-19 in other correctional systems”), we calculated our estimates across a wide range of possible infection rates. As a point of reference, it has been estimated that without any intervention (e.g. social distancing), 60% of people in the general population will become infected with the coronavirus during the pandemic.41 https://www.newsobserver.com/news/coronavirus/article241781341.html. Accessed April 6, 2020. 40 The CDC report provided a low and high estimates for hospitalization, ICU need, and death for each age strata. Our results were calculated using the average of the low and high estimate for each age strata and health outcome. 41 Jankowicz M. Coronavirus could infect 60% of the world's population if it is left 'unchecked,' a leading disease expert warned. November 2, 2019. Available at https://www.msn.com/en-sg/health/medical/coronavirus-could-infect-60percent-ofthe-worlds-population-if-it-is-left-unchecked-a-leading-disease-expert-warned/arBBZSMHM. Accessed April 6, 2020 55. Based on our analysis, if 5% of the prison population became infected, the result would be an estimated 387 hospitalizations, 86 ICU beds needed, and 10 deaths; if 20% were infected, there would be 1550 hospitalizations, 334 ICU beds needed, and 41 deaths. Compared to 2016, this would represent a 71% increase in hospitalizations. 56. If 5% of prison staff were infected, there would be an estimated 163 hospitalizations, 39 ICU beds needed, and 5 deaths. Twenty percent of staff becoming infected would result in 654 hospitalizations, 156 ICU beds needed, and 21 deaths. Considering existing challenges maintaining sufficient levels of prison staffing, including healthcare staffing, the analysis suggests that relatively low levels of infection among incarcerated persons and staff could stress prison operations and result in considerable morbidity and mortality. 57. Another important finding is that while younger persons are at lower risk of poor health outcomes from COVID-19 as compared to older persons, the age structure of the incarcerated population suggests that the bulk of hospitalizations, ICU need, and deaths will occur among the large population of younger persons. Accordingly, while release of older persons is an important intervention to protect their health, it alone will be insufficient to avoid most adverse health outcomes and deaths among the incarcerated population. 58. As in prison systems in other countries, fears about COVID-19 infection have incited protests among incarcerated persons in NC. In countries such as Italy, Columbia, and Thailand, fear of COVID-19 has sparked prison riots and deaths. In NC there have been reports of incarcerated persons protesting at a prison where two cases were identified.42 Such protests—and the force used by correctional staff to maintain order—may increase the incidence of anxiety, trauma, and injury. 59. Concerns about the implementation of policies to address COVID-19 in the NC DPS. The prison system has created some policies to mitigate the risk of COVID-19.43 While many of these recommendations are in line with Inmates organize protest at Goldsboro prison after 2 test positive for COVID-19. April 2, 2020. Available at https://abc11.com/neuse-correctional-institution-covid19-prison-riot-morris-reid/6071997/. Accessed April 6, 2020 43 DPS Actions on COVID-19. Available at https://www.ncdps.gov/ourorganization/emergency-management/past-disasters/dps-actions-covid-19#prisons. Accessed on April 5, 2020 42 recommendations provided by the Centers for Disease Control and Prevention, their implementation has been problematic.44 For example: 1. Recent reports indicate that social distancing has not been occurring.45 2. Non-essential transports between facilities have occurred despite policies limiting transfers to only court-ordered, high priority, and health care movements.46 3. Relying on temperature checks and self-reporting of previous exposure does not account for possible contact with asymptomatic cases. In addition, according to DPS statements, these actions are only taking place in a few facilities. 4. There is a lack of available masks for both correctional staff and people who are incarcerated. DPS has plans to ramp up production, but this will take time. 5. Covid-19 testing currently takes seven days for results, which is too long for effective infection control. Only more rapid and robust testing efforts can prevent spread. 60. Racial disparities in prison may perpetuate disparities in COVID-19 outcomes. As in many other states, there are stark racial disparities in the NC prison system. Non-white persons make up 31% of NC’s general population,47 but 59% of NC’s prison population. 48 As a result of these CDC. Interim Guidance on Management of Coronavirus Disease 2019 (COVID19) in Correctional and Detention Facilities. Available at https://www.cdc.gov/coronavirus/2019-ncov/community/correctiondetention/guidance-correctional-detention.html. Accessed April 5, 2020. 45 Wilkie J. UPDATED: Prison dorm quarantined after coronavirus confirmed in NC inmate. April 2, 2020. Available at https://carolinapublicpress.org/30188/prisondorm-quarantined-after-coronavirus-confirmed-in-nc-inmate/. Accessed on April 6, 2020. 46 Ochsner N. NC’s prisons have continued transferring inmates, holding worship services during coronavirus pandemic. April 3, 2020. Available at https://www.wbtv.com/2020/04/03/ncs-prisons-have-continued-transferring-inmatesholding-worship-services-during-coronavirus-pandemic/. Accessed April 6, 2020. DPS Actions on COVID-19, available at https://www.ncdps.gov/ourorganization/emergency-management/past-disasters/dps-actions-covid-19#prisons. 47 North Carolina Population. Available at https://worldpopulationreview.com/states/north-carolina-population/. Accessed April 6, 2020. 48 DPS Office of Research and Planning. Automated Query System. Available at https://webapps.doc.state.nc.us/apps/asqExt/ASQ. Accessed April 1, 2020. 44 disproportionate incarceration rates, inadequacies in the prison system’s response to COVID-19 will have a greater population-level impact on nonwhite persons as compared to whites. IV. Summary of COVID-19 risk in the NC state prison system. 61. Based on our experience conducting health research in the NC prison system and in other states; our review of the relevant literature, CDC guidelines, and prison system policies; examples of divergence between prison system infection control policies and practice; the sprawling nature of the prison system; understaffing of prison system correctional and medical personnel; the high transmissibility of the virus and its asymptomatic spread; and the lengthy time necessary to conduct tests for the virus causing COVID-19; it is our professional judgment that the prison system is inadequately able prevent and manage a COVID-19 outbreak, which would result in severe harm to incarcerated persons, staff, and the broader community. The reasons for this conclusion are detailed as follows. 62. The delays in access to care that already exist in normal circumstances will only become worse during an outbreak, making it especially difficult for the prison system to contain any infections, to quarantine appropriately, and to treat those who are infected. 63. Failure to provide individuals adequate medical care for their underlying chronic health conditions results in increased risk of COVID-19 infection and increased risk of infection-related morbidity and mortality if they do become infected. 64. People with underlying chronic mental health conditions need adequate access to treatment for these conditions throughout their incarceration. Failure to provide adequate mental health care, as may happen when the prison system is taxed by COVID-19 may result in poor health outcomes. Moreover, mental health conditions are likely to be exacerbated by the stress of incarceration during the COVID-19 pandemic, including isolation and lack of visitation. 65. The routine reliance of the prison system on community hospitals is a strong sign that they will be seriously ill-equipped and under-prepared when a number of people will need urgent care simultaneously, as would occur during a COVID-19 epidemic. 66. For individuals incarcerated in the prison system, the experience of an epidemic and the lack of care while effectively trapped can itself be traumatizing, compounding the trauma of incarceration. V. Conclusion and Recommendations 67. For the reasons above, it is our professional judgment that individuals in the NC state prison system are at a significantly higher risk of infection with COVID-19 as compared to the population in the community and—because of lack of medical staff and resources—they are at a significantly higher risk of harm if they do become infected. These harms include serious illness (pneumonia and sepsis) and even death. 68. Reducing the prison population size more generally can be crucially important to reducing the level of risk both for those within those facilities and for the community at large. 69. As such, from a public health perspective, it is our strong opinion that individuals who are of low criminogenic risk should be released to the community regardless of the time on their remaining sentence. 70. This is more important still for individuals with preexisting conditions (e.g., heart disease, chronic lung disease, chronic liver disease, suppressed immune system, diabetes) or who are over the age of 60. They are in even greater danger in these facilities, including a meaningfully higher risk of death. 71. It is our professional opinion that these steps are both necessary and urgent as the first cases of COVID-19 have been detected in the prison system. As the number of cases in the prison system increase, efforts at infection control and mitigation will become increasingly more difficult. 72. Health in prisons and jails is community health. Protecting the health of individuals who are incarcerated is vital to protecting the health of the wider community. 73. None of the undersigned were paid for preparing this report. Date: April 7, 2020 I declare, under penalty of perjury under the laws of the State of North Carolina, that the statements contained in the Declaration of Dr. David Rosen, Dr. Lauren Brinkley-Rubinstein, Dr. Gavin Yamey, Dr. Mike Dolan Fliss, and Dr. Shabbar I. Ranapurwala are true and correct. April 7, 2020 David Rosen, M.D., Ph.D Date Carrboro, NC __________________________________________________________________________________________ Location I declare, under penalty of perjury under the laws of the State of North Carolina, that the statements contained in the Declaration of Dr. David Rosen, Dr. Lauren Brinkley-Rubinstein, Dr. Gavin Yamey, Dr. Mike Dolan Fliss, and Dr. Shabbar I. Ranapurwala are true and correct. 4/8/20 Lauren Brinkley-Rubinstein, Ph.D Date Durham, NC Location I declare, under penalty of perjury under the laws of the State of North Carolina, that the statements contained in the Declaration of Dr. David Rosen, Dr. Lauren Brinkley-Rubinstein, Dr. Gavin Yamey, Dr. Mike Dolan Fliss, and Dr. Shabbar I. Ranapurwala are true and correct. 4/7/2020 Gavin Yamey, M.D., MPH Date Durham, NC, USA __________________ Location I declare, under penalty of perjury under the laws of the State of North Carolina, that the statements contained in the Declaration of Dr. David Rosen, Dr. Lauren Brinkley-Rubinstein, Dr. Gavin Yamey, Dr. Mike Dolan Fliss, and Dr. Shabbar I. Ranapurwala are true and correct. 04/7/2020 Mike Dolan Fliss, Ph.D, MSW, MPS Date Chapel Hill, NC Location I declare, under penalty of perjury under the laws of the State of North Carolina, that the statements contained in the Declaration of Dr. David Rosen, Dr. Lauren Brinkley-Rubinstein, Dr. Gavin Yamey, Dr. Mike Dolan Fliss, and Dr. Shabbar I. Ranapurwala are true and correct. 04 / 07/ 2020 Shabbar I. Ranapurwala, PhD, MPH Date Chapel Hill, North Carolina ____________________________ Location EXHIBITS Declaration of Dr. David Rosen, Dr. Lauren Brinkley-Rubinstein, Dr. Gavin Yamey, Dr. Mike Dolan Fliss, and Dr. Shabbar I. Ranapurwala EXHIBIT LIST EXHIBIT A – Curriculum Vitae of David L. Rosen, M.D., Ph.D EXHIBIT B – Curriculum Vitae of Lauren Brinkley-Rubinstein, Ph.D EXHIBIT C – Curriculum Vitae of Gavin M. Yamey, M.D. EXHIBIT D – Curriculum Vitae of Mike D. Fliss, Ph.D, MPS, MSW EXHIBIT E – Curriculum Vitae of Shabbar I. Ranapurwala, PhD, MPH, BHMS EXHIBIT A DAVID LOREN ROSEN Curriculum Vitae Personal Information Name Home Address Phone David L. Rosen 700 Bolin Creek Drive Carrboro, NC 27510 919-423-9238 Education Post-Graduate Training THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL 2012 – 2013 Postdoctoral Fellow Center for Infectious Diseases, Department of Medicine 2010 – 2012 Postdoctoral Fellow Cecil G. Sheps Center for Health Services Research Comparative Effectiveness Research Training Grant 2011 Teaching Certificate Center for Faculty Excellence/Training Initiatives in Biomedical and Biological Sciences Summer Teaching Certificate Series, School of Medicine Undergraduate and Graduate Education THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL 2002 – 2010 Doctorate of Medicine School of Medicine 2004 – 2008 Doctorate of Philosophy, Epidemiology School of Public Health, Dept. of Epidemiology 2000 – 2002 Masters of Science in Public Health School of Public Health, Dept. of Epidemiology 1993 – 1996 Bachelors of Science, Psychology Graduation with Honors School of Arts and Sciences MIAMI UNIVERSITY OF OHIO 1992 – 1993 School of Arts and Sciences Professional Experience – Employment History 2020 – present Research Associate Professor of Medicine Institute for Global Health and Infectious Diseases, Division of Infectious Diseases, Department of Medicine, UNC, Chapel Hill, NC Apr 6, 2020 2 2019 – Present 2016 – Present 2014 – 2020 2013 – 2014 1998 – 2002 1997 – 1998 1996 – 1997 Term Faculty Member (Dissertation Committee Member) Graduate School, Duke University, Durham, NC Adjunct Assistant Professor of Epidemiology Dept. of Epidemiology, Gillings School of Global Public Health, UNC, Chapel Hill, NC Research Assistant Professor of Medicine Institute for Global Health and Infectious Diseases, Division of Infectious Diseases, Department of Medicine, UNC, Chapel Hill, NC Research Associate Institute for Global Health and Infectious Diseases, Division of Infectious Diseases, Department of Medicine, UNC, Chapel Hill, NC Social Research Assistant Department of Medicine, UNC, Chapel Hill, NC Community Support Therapist Annas Consulting, Orange County, NC Research Assistant Department of Fetal Medicine, UNC, Chapel Hill, NC Honors and Awards 2010 2008 2007 2004 – 2005 2003 2003 2001 – 2002 Isaac Hall Manning Award, UNC School of Medicine Induction into Delta Omega, the Honorary Public Health Society University of North Carolina Graduate Education Advancement Board Impact Award US Public Health Training Award Excellence in Student Submissions, Honorable Mention, American Public Health Association Holderness Family Foundation Summer Fellow Award, UNC School of Medicine US Public Health Training Award Bibliography *mentored Books and Chapters 1. Onsomu EO*, Abuya BA, Okech IN, Rosen DL, Duren-Winfield V, & Simmons, AC. Association between domestic violence and HIV serostatus among married and formerly married women in Kenya. In Izugbara CO, Covan EK, Fugate-Whitlock E (Eds.), Women's Health in Africa: Issues, Challenges and Opportunities (596 pages). Routledge (April 29, 2015). pp 103-126. Apr 6, 2020 3 Refereed Papers/Articles 1. Rennie S, Buchbinder M, Juengst E, Brinkley-Rubinstein L, Blue C, Rosen DL. Scraping the web for public health gains: Ethical considerations from a “big data” research project on HIV and incarceration. Public Health Ethics, 11 March 2020. Doi:10.1093/phe/phaa006 2. Buchbinder M, Blue C, Juengst E, Brinkley-Rubinstein L, Rennie S, Rosen DL. Expert stakeholders’ perspectives on a Data-to-Care strategy for improving care among HIV-positive individuals incarcerated in jails. AIDS Care 11 Mar 2020; epub. doi: 10.1080/09540121.2020.1737641 3. Borschmann R, Tibble H, Spittal MJ, Pirkis J, Preen D, Larney S, Rosen DL, Altice FL, Binswanger IA, Bukten A, Butler T, Chang Z., Chen C, Clausen T, Christensen P, Degenhardt L, Dirkzwager AJE, Dolan K, Fazel S, Fischbacher C., Giles M, Graham L, Harding D, Huang Y, Huber F, Karaminia A, Kouyoumdjian FG, Lim S, Love AD, Moller L, Morenoff J, O'Moore E, Pratt D, Proescholdbell SK, Ranapurwala SI, Shanahan ME, Shaw J, Somers J, Spaulding A, Stern MF, Wang N, Willoughby M, Kinner SA. The Mortality After Release from Incarceration Consortium (MARIC): Protocol for a multi-national, individual participant data meta-analysis. Vol 5 No 1 (2020): IJPDS Standard Issue 4. Rosen DL, Thomas S, Kavee AL, Ashkin EA. Prevalence of chronic health conditions among adults released from the North Carolina prison system, 2015-2016. N C Med J. 2019 Nov-Dec;80(6):332-337. doi: 10.18043/ncm.80.6.332. 5. Brinkley-Rubinstein L, Sivaraman J, Rosen DL, Cloud DH, Junker G, Proescholdbell S, Shanahan ME, and Ranapurwala SI. Association of Restrictive Housing During Incarceration with Mortality After Release. JAMA Netw Open. 2019 Oct 2; 2(10):e1912516. doi: 10.1001/jamanetworkopen.2019.12516. PMID: 31584680. 6. Farel CE, Golin CE, Ochtera RD, Rosen DL, Margolis M, Powell W, Wohl DA. Underutilization of HIV Testing Among Men with Incarceration Histories. AIDS Behav. 2019 Apr; 23(4):883-892. doi: 10.1007/s10461-018-02381-9. PMID: 30661215. 7. Schranz AJ*, Fleischauer A, Chu VH, Wu LT, Rosen DL. Trends in Drug UseAssociated Infective Endocarditis and Heart Valve Surgery, 2007 to 2017: A Study of Statewide Discharge Data. Ann Intern Med. Epub 2018 Dec 4. doi: 10.7326/M18-2124. PMID: 30508432. PMCID: PMC6548681. 8. Grodensky CA*, Rosen DL, Blue CM, Miller AR, Bradley-Bull S, Powell WA, Domino ME, Golin CE, Wohl DA. Medicaid Enrollment among Prison Inmates in a Non-expansion State: Exploring Predisposing, Enabling, and Need Factors Apr 6, 2020 4 Related to Enrollment Pre-incarceration and Post-Release. J Urban Health. 2018 Aug; 95(4):454-466. doi: 10.1007/s11524-018-0275-1. PMID: 29934825. PMCID: PMC6095764 9. Costa M, Montague BT, Solomon L, Sammartino C, Gutman R, Zibman C, Rosen D, Rich JD. Assessing the Effect of Recent Incarceration in Prison on HIV Care Retention and Viral Suppression in Two States. J Urban Health. 2018 Aug; 95(4):499-507. doi: 10.1007/s11524-018-0255-5. PMID: 29717402. PMCID: PMC6095755 10. Golin CE, Barkley BG, Biddell C, Wohl DA, Rosen DL. Great Expectations: HIV Risk Behaviors and Misperceptions of Low HIV Risk among Incarcerated Men. AIDS Behav. 2018 Jun; 22(6):1835-1848. doi: 10.1007/s10461-017-1748-z. PMID: 28361452. PMCID: PMC5908769 11. Rosen DL, Grodensky CA, Miller AR, Golin CE, Domino ME, Powell W, Wohl DA. Implementing a Prison Medicaid Enrollment Program for Inmates with a Community Inpatient Hospitalization. J Urban Health. 2018 Apr; 95(2):149-158. doi: 10.1007/s11524-017-0132-7. PMID: 28194686. PMCID:PMC5906376 12. Khan MR, Scheidell JD, Rosen DL, Geller A, Brotman LM. Early age at childhood parental incarceration and STI/HIV-related drug use and sex risk across the young adult lifecourse in the US: Heightened vulnerability of black and Hispanic youth. Drug Alcohol Depend. 2018 Feb 1; 183:231-239. doi: 10.1016/j.drugalcdep.2017.11.006. Epub 2017 Nov 24. PMID: 29306170. PMCID: PMC5803745 13. Wohl DA, Kuwahara RK, Javadi K, Kirby C, Rosen DL, Napravnik S, Farel C. Financial Barriers and Lapses in Treatment and Care of HIV-Infected Adults in a Southern State in the United States. AIDS Patient Care STDS. 2017 Nov; 31(11):463-469. doi: 10.1089/apc.2017.0125. Epub 2017 Oct 17. PMID: 29039984. PMCID: PMC5665096 14. Wohl DA, Golin CE, Knight K, Gould M, Carda-Auten J, Groves JS, Napravnik S, Cole SR, White BL, Fogel C, Rosen DL, Mugavaro MJ, Pence BW, Flynn PM. Randomized Controlled Trial of an Intervention to Maintain Suppression of HIV Viremia After Prison Release: The imPACT Trial. J Acquir Immune Defic Syndr. 2017 May 1; 75(1):81-90. doi: 10.1097/QAI.0000000000001337. PMID: 28277487. PMCID: PMC5443668 15. Golin CE, Knight K, Carda-Auten J, Gould M, Groves J, L White B, Bradley-Bull S, Amola K, Fray N, Rosen DL, Mugavaro MJ, Pence BW, Flynn PM, Wohl D. Individuals motivated to participate in adherence, care and treatment (imPACT): development of a multi-component intervention to help HIV-infected recently Apr 6, 2020 5 incarcerated individuals link and adhere to HIV care. BMC Public Health. 2016 Sep 6; 16:935. doi: 10.1186/s12889-016-3511-1. PMID: 27596559. PMCID: PMC5011897 16. Rosen DL, Grodensky CA, Holley TK. Federally-Assisted Healthcare Coverage among Male State Prisoners with Chronic Health Problems. PLoS One. 2016 Aug 1; 11(8):e0160085. doi: 10.1371/journal.pone.0160085. eCollection 2016. PMID: 27479089. PMCID: PMC4968827 17. Muessig KE, Rosen DL, Farel CE, White BL, Filene EJ, Wohl DA. “Inside These Fences Is Our Own Little World": Prison-Based HIV Testing and HIV-Related Stigma Among Incarcerated Men and Women. AIDS Educ Prev. 2016 Apr;28(2):103-16. doi: 10.1521/aeap.2016.28.2.103. PMID: 27459162. PMCID: PMC4965171 18. Grodensky CA*, Rosen DL, Hino S, Golin CE, Wohl DA. Opt-Out HIV Testing of Inmates in North Carolina Prisons: Factors Associated with not Wanting a Test and not Knowing They Were Tested. AIDS Behav. 2016 Apr; 20(4):859-69. doi: 10.1007/s10461-015-1203-y. PMID: 26386591. PMCID: PMC5489351 19. Rosen DL, Wohl DA, Golin CE, Rigdon J, May J, White BL, Leone PA, Hudgens MG, Bowling JM. Comparing HIV Case Detection in Prison During Opt-In vs. Opt-Out Testing Policies. J Acquir Immune Defic Syndr. 2016 Mar 1; 71(3):e85-8. doi: 10.1097/QAI.0000000000000889. No abstract available. PMID: 26536318. PMCID: PMC4752376 20. Montague BT, Rosen DL, Sammartino C, Costa M, Gutman R, Solomon L, Rich J. Systematic Assessment of Linkage to Care for Persons with HIV Released from Corrections Facilities Using Existing Datasets. AIDS Patient Care STDS. 2016 Feb; 30(2):84-91. doi: 10.1089/apc.2015.0258. PMID: 26836237. PMCID: PMC4753628 21. Hammett TM, Donahue S, LeRoy L, Montague BT, Rosen DL, Solomon L, Costa M, Wohl D, Rich JD. Transitions to Care in the Community for Prison Releasees with HIV: a Qualitative Study of Facilitators and Challenges in Two States. J Urban Health. 2015 Aug; 92(4):650-66. doi: 10.1007/s11524-015-9968-x. PMID: 26022666. PMCID: PMC4524841 22. Rosen DL, Golin CE, Grodensky CA, May J, Bowling JM, DeVellis RF, White BL, Wohl DA. Opt-out HIV testing in prison: informed and voluntary? AIDS Care. 2015; 27(5):545-54. doi: 10.1080/09540121.2014.989486. Epub 2014 Dec 15. PMID: 25506799. PMCID: PMC4336588 Apr 6, 2020 6 23. Onsomu EO*, Abuya BA, Okech IN, Rosen DL, Duren-Winfield V, Simmons AC. Association between domestic violence and HIV serostatus among married and formerly married women in Kenya. Health Care Women Int. 2015; 36(2):205-28. doi: 10.1080/07399332.2014.943840. Epub 2014 Oct 8. PMID: 25127397. PMCID: PMC4312516 24. Haley DF, Golin CE, Farel CE, Wohl DA, Scheyett AM, Garrett JJ, Rosen DL, Parker SD. Multilevel challenges to engagement in HIV care after prison release: a theory-informed qualitative study comparing prisoners' perspectives before and after community reentry. BMC Public Health. 2014 Dec 9; 14:1253. doi: 10.1186/1471-2458-14-1253. PMID: 25491946. PMCID: PMC4295310 25. Gjelsvik A, Dumont DM, Nunn A, Rosen DL. Adverse childhood events: incarceration of household members and health-related quality of life in adulthood. J Health Care Poor Underserved. 2014 Aug; 25(3):1169-82. doi: 10.1353/hpu.2014.0112. PMID: 25130232. PMCID: PMC4897769 26. Rosen DL, Dumont DM, Cislo AM, Brockmann BW, Traver A, Rich JD. Medicaid policies and practices in US state prison systems. Am J Public Health. 2014 Mar; 104(3):418-20. doi: 10.2105/AJPH.2013.301563. Epub 2014 Jan 16. PMID: 24432881. PMCID: PMC3953759 27. Wohl DA, Golin C, Rosen DL, May JM, White BL. Detection of undiagnosed HIV among state prison entrants. JAMA. 2013 Nov 27; 310(20):2198-9. doi: 10.1001/jama.2013.280740. No abstract available. PMID: 24281464. PMCID: PMC4329507 28. Khan MR, Rosen DL, Epperson MW, Goldweber A, Hemberg JL, Richardson J, Dyer TP. Adolescent criminal justice involvement and adulthood sexually transmitted infection in a nationally representative US sample. J Urban Health. 2013 Aug; 90(4):717-28. doi: 10.1007/s11524-012-9742-2. PMID: 22815054. PMCID: PMC3732694 29. Rich JD, DiClemente R, Levy J, Lyda K, Ruiz MS, Rosen DL, Dumont D; Centers for AIDS Research at the Social and Behavioral Sciences Research Network; Centers for AIDS Research Collaboration on HIV in Corrections Working Group. Correctional facilities as partners in reducing HIV disparities. J Acquir Immune Defic Syndr. 2013 Jun 1; 63 Suppl 1:S49-53. doi: 10.1097/QAI.0b013e318292fe4c. Review. PMID: 23673887. PMCID: PMC3701159 30. Menezes P, Rosen D, Wohl DA, Kiziah N, Sebastian J, Eron JJ Jr, White B. Low prevalence of antiretroviral resistance among HIV type 1-positive prisoners in the Southeast United States. AIDS Res Hum Retroviruses. 2013 Jan; 29(1):136-41. Apr 6, 2020 7 doi: 10.1089/AID.2012.0102. Epub 2012 Nov 19. PMID: 22966822. PMCID: PMC3537299 31. Viswanathan M, Golin CE, Jones CD, Ashok M, Blalock SJ, Wines RC, CokerSchwimmer EJ, Rosen DL, Sista P, Lohr KN. Interventions to improve adherence to self-administered medications for chronic diseases in the United States: a systematic review. Ann Intern Med. 2012 Dec 4; 157(11):785-95. Review. PMID: 22964778. 32. Viswanathan M, Golin CE, Jones CD, Ashok M, Blalock S, Wines RC, CokerSchwimmer EJ, Grodensky CA, Rosen DL, Yuen A, Sista P, Lohr KN. Closing the quality gap: revisiting the state of the science (vol. 4: medication adherence interventions: comparative effectiveness). Evid Rep Technol Assess (Full Rep). 2012 Sep; (208.4):1-685. PMID: 24422970. PMCID: PMC4780896 33. Montague BT, Rosen DL, Solomon L, Nunn A, Green T, Costa M, Baillargeon J, Wohl DA, Paar DP, Rich JD, LINCS Study Group. Tracking linkage to HIV care for former prisoners: a public health priority. Virulence. 2012 May 1; 3(3):319-24. doi: 10.4161/viru.20432. Epub 2012 May 1. Review. PMID: 22561157. PMCID: PMC3442844 34. Rosen DL, Hammond WP, Wohl DA, Golin CE. Disease prevalence and use of health care among a national sample of black and white male state prisoners. J Health Care Poor Underserved. 2012 Feb; 23(1):254-72. doi: 10.1353/hpu.2012.0033. PMID: 22643475. PMCID: PMC4047705 35. Rosen DL, Wohl DA, Schoenbach VJ. All-cause and cause-specific mortality among black and white North Carolina state prisoners, 1995-2005. Ann Epidemiol. 2011 Oct; 21(10):719-26. doi: 10.1016/j.annepidem.2011.04.007. Epub 2011 Jul 7. PMID: 21737304. PMCID: PMC3166394 36. Wohl DA, Scheyett A, Golin CE, White B, Matuszewski J, Bowling M, Smith P, Duffin F, Rosen D, Kaplan A, Earp J. Intensive case management before and after prison release is no more effective than comprehensive pre-release discharge planning in linking HIV-infected prisoners to care: a randomized trial. AIDS Behav. 2011 Feb; 15(2):356-64. doi: 10.1007/s10461-010-9843-4. PMID: 21042930. PMCID: PMC3532052 37. Rosen DL, Schoenbach VJ, Wohl DA, White BL, Stewart PW, Golin CE. An evaluation of HIV testing among inmates in the North Carolina prison system. Am J Public Health. 2009 Oct; 99 Suppl 2:S452-9. doi: 10.2105/AJPH.2007.133124. PMID: 19797758. PMCID: PMC2760001 Apr 6, 2020 8 38. Rosen DL, Schoenbach VJ, Wohl DA, White BL, Stewart PW, Golin CE. Characteristics and behaviors associated with HIV infection among inmates in the North Carolina prison system. Am J Public Health. 2009 Jun; 99(6):1123-30. doi: 10.2105/AJPH.2007.133389. Epub 2009 Apr 16. PMID: 19372527. PMCID: PMC2679772 39. Rosen DL, Schoenbach VJ, Wohl DA. All-cause and cause-specific mortality among men released from state prison, 1980-2005. Am J Public Health. 2008 Dec; 98(12):2278-84. doi: 10.2105/AJPH.2007.121855. Epub 2008 Oct 15. PMID: 18923131. PMCID: PMC2636544 40. Wohl DA, Rosen D, Kaplan AH. HIV and incarceration: dual epidemics. AIDS Read. 2006 May; 16(5):247-50, 257-60. Review. PMID: 16764066. 41. Rosen DL, Golin CE, Schoenbach VJ, Stephenson BL, Wohl DA, Gurkin B, Kaplan AH. Availability of and access to medical services among HIV-infected inmates incarcerated in North Carolina county jails. J Health Care Poor Underserved. 2004 Aug; 15(3):413-25. PMID: 15453178 42. Wohl DA, Stephenson BL, Golin CE, Kiziah CN, Rosen D, Ngo B, Liu H, Kaplan AH. Adherence to directly observed antiretroviral therapy among human immunodeficiency virus-infected prison inmates. Clin Infect Dis. 2003 Jun 15; 36(12):1572-6. doi: 10.1086/375076. Epub 2003 Jun 6. PubMed PMID: 12802758. 43. Bucci DJ, Rosen DL, Gallagher M. Effects of age on pilocarpine-induced c-fos expression in rat hippocampus and cortex. Neurobiol Aging. 1998 MayJun;19(3):227-32. PMID: 9661997. In Press/Submitted 1. Rosen DL, Khan MR, Kavee AL. The Impact of Medicaid Suspension and Termination Policies on Resumption of Medicaid and Prison Recidivism among Released State Prisoners with Mental Health Problems. Under review, BMJ Open, 11.19.19, 29 pages. 2. Sredl M, Fleishauer A, Moor Z, Rosen DL, Schranz AJ. Not just endocarditis: Hospitalizations for invasive drug-related infections. In press, JID, 3.15.20, 16 pages. Apr 6, 2020 9 3. Rosen DL, Kavee AL, Rubinstein. Post-release mortality among persons hospitalized during their incarceration. In press, Annals of Epidemiology, 3.9.20, 28 pages Published abstracts 1. Schranz AJ*, Wu LW, Wohl D, Rosen DL. Readmission After Discharge Against Medical Advice For Persons With Opioid-Associated Infective Endocarditis. 2019 AHA Scientific Sessions. Nov. 16-18, 2019; Philadelphia, PA. Solicited oral presentation 2. Buchbinder M, Rennie S, Juengst E, Blue C, Brinkley-Rubinstein L, Rosen DL. HIV surveillance in the era of Big Data: ethical considerations in new methods to ensure continuity of care. 21st Annual Conference of American Society for Bioethics and Humanities. Oct 24-27, 2019; Pittsburg, PA. Solicited oral presentation. 3. Rosen DL, Buchbinder M, Rennie S, Brinkley-Rubinstein L, Wohl D White B, Blue C, Juengst E. Expert stakeholders’ perspectives on a Data-to-Care strategy for improving care among HIV-positive individuals incarcerated in jail. International Association of Providers of AIDS Care (IAPAC) Adherence 2019 Conference. July 17-19, 2019; Miami, FL. Poster presentation. 4. Scott Proescholdbell S, Ranapurwala S, Brinkley-Rubinstein L., Rebecca Naumann, Rosen DL, Marshall S, Junker Gary, Brown S., Brown C. Overdose, Suicide and Homicide Deaths among Justice-involved Populations in North Carolina. 2019 Council of State and Territorial Epidemiologists (CSTE) Annual Conference. June 2-6, 2019; Raleigh, NC. Solicited oral presentation. 5. Brinkley-Rubinstein L, Sivaraman J, Shanahan ME, Proescholdbell SK, Rosen DL, Ranapurwala SI. Restricted housing during incarceration and the risk suicide, homicide, and opioid overdose death among formerly incarcerated persons in North Carolina: 2000-2015. Submitted to the 2019 Society for Advancement of Violence and Injury Research (SAVIR) conference. April 1-3, 2019; Cincinnati, OH. Solicited oral presentation. 6. Ashkin E, Rosen DL, Thomas S, Kavee AL. Determination of Disease Prevalence in recently released prisoners from the North Carolina state prison system using pharmacy data. 12th Academic and Health Policy on Conference on Correctional Health. March, 2019; Las Vegas, NV. Poster presentation. 7. Rosen DL, Carda-Auten J, DiRosa E, Brinkley-Rubinstein L, Fernandez T, Travers D, Domino M. Examining Healthcare Resources among Southern Jails. 12th Academic Apr 6, 2020 10 and Health Policy on Conference on Correctional Health. March, 2019; Las Vegas, NV. Solicited oral presentation. 8. Brinkley-Rubinstein, Calves J, Rosen DL, Ranapurwala S. Solitary confinement and the risk of post-release death. 12th Academic and Health Policy on Conference on Correctional Health. March, 2019; Las Vegas, NV. Solicited oral presentation. 9. Schranz AJ, Fleischauer, Chu VH, Rosen DL. Infective endocarditis and cardiac valve surgery during the opioid epidemic in North Carolina, 2007 to 2017. IDWEEK 2018. October, 2018; San Francisco, CA. Open Forum Infect Dis. 2018 Nov; 5(Suppl 1): S12. Published online 2018 Nov 26. doi: 10.1093/ofid/ofy209.025. Solicited oral presentation. 10. Ashkin E, Rosen DL, Brinkley-Rubinstein L. The North Carolina Experience: Alignment between a Transition Clinic Program and the “Remissioning” of the State Prison System to enhance Reentry. 11th Academic and Health Policy on Conference on Correctional Health. March, 2018; Houston, TX. Solicited oral presentation. 11. Rosen DL, Fernandez T, Kavee A. Use of emergency medical services (EMS) following release from a state prison system. 11th Academic and Health Policy on Conference on Correctional Health. March, 2018; Houston, TX. Solicited oral presentation. 12. Rosen DL, Grodensky CA, Miller AR, Bradley-Bull, S, Domino ME, Powell, W, Golin CE, Wohl DA. Evaluation of a prison-based Medicaid enrollment program: inmate perspectives. 10th Academic and Health Policy Conference on Correctional Health. March, 2017; Atlanta, GA. Solicited oral presentation. 13. A Randomized Controlled Trial of an Intervention to Maintain Suppression of HIV Viremia Following Prison Release through Linkage to Community Care, Motivational Interviewing, and Text Message Medication Reminders: The imPACT Trial. Wohl DA, Golin CE, Knight K, Carda-Auten J., Gould M, Groves J, Naprvanik S., Cole S, white B, Fogel C, Rosen DL, Mugavero M, Pence B, Flynn P. 10th Academic and Health Policy Conference on Correctional Health. March, 2017; Atlanta, GA. Solicited oral presentation. 14. Johnson TL, Golin C, Rosen D, Sleath B, Bailey S, Carda-Auten J, Wohl D, Flynn P, Knight K, Oramasionwu, C. Substance abuse services uptake among people living with HIV released from prison. 2016 Annual Research Meeting, June 26-28, 2016; Boston, MA. Poster presentation. 15. Rosen DL, Grodensky CA, Miller AR, Bradley-Bull S, Golin CE, White BL, Wohl DA. Reasons for missed HIV care appointments among inmates in a Southern prison Apr 6, 2020 11 system. 11th Conference on HIV Treatment and Prevention Adherence, May 911, 2016; Ft. Lauderdale, FL. Poster presentation. 16. Johnson TL, Golin C, Rosen D, Carda-Auten J, Wohl D. The costs associated with providing a multi-component intervention to maintain suppression of HIV RNA among people living with HIV released following release from prison. 11th Conference on HIV Treatment and Prevention Adherence, May 9-11, 2016; Ft. Lauderdale, FL. Oral presentation. 17. Rosen DL, Grodensky CA, Miller AR, Golin CE, Domino ME, Powell WH, and Wohl DA. Evaluation of a prison-based Medicaid enrollment program: program personnel perspectives. 9th Academic and Health Policy Conference on Correctional Health. March, 2016; Baltimore, MD. Solicited poster presentation. 18. Rosen DL, Quist AJL, Grodensky CA. An evaluation of published US correctional health research, 2006-2015. 6th Academic and Health Policy Conference on Correctional Health. March, 2016; Baltimore, MD. Poster presentation. 19. Nguyen NL, Wohl DA, Golin CE, Rosen DL, Miller WC, White BL, Farel CE. The association of timing and duration of lifetime physical and sexual trauma with HIV infection among African American women incarcerated in North Carolina: A case control study. 2014 Inter-CFAR Collaboration on HIV Research in Women Symposium, December 8 - 9, 2014; New York, NY. Poster presentation. 20. Onsomu, E.O., Abuya, B.A., Okech, I.N., Rosen, D.L., Simmons, A.C., DurenWinfield, V., & Moore, D. (2014). Association between domestic violence and HIV serostatus among married and formerly married women in Kenya. AIDS 2014, Stepping Up The Pace 20th International AIDS Conference, July 20 – 25, 2014; Melbourne, Australia – International AIDS Society Conference, #THPE178, pg521. Poster presentation. 21. Rosen DL, Golin CE, Grodensky CA, Stinnette S, White BL, Napravnik S, Wohl DA. Imprisonment among a large US clinical cohort of HIV-positive outpatients. Annual Conference on Retroviruses and Opportunistic Infections, March, 2014; Boston, MA. Poster presentation. 22. Rosen D. Medicaid policies and practice in US state prisons: Updated findings from a nationwide survey. 6th Academic and Health Policy Conference on Correctional Health. March, 2013; Chicago, IL. Solicited oral presentation. 23. Montague B, Green T, Donahue S, Rosen D, Rich J, Leroy L. Linkage to HIV Care on Release from Corrections: Year 2 Data from the LINCS Study. 6th Academic and Health Policy Conference on Correctional Health. March, 2013; Chicago, IL. Solicited oral presentation. Apr 6, 2020 12 24. Rosen D. HIV and Incarceration. World AIDS Day 2012: 14th Annual HIV/AIDS Symposium sponsored by the UNC Center for AIDS Research. November, 2012; Chapel Hill, NC. Invited oral presentation. 25. LeRoy L, Donahue S, Lee A, Solomon L, Costa M, Rich J, Rosen D. Role of State and Community Policies on Prison Releasees’ Linkage to HIV Care: Preliminary Findings. American Public Health Association, November, 2012; San Francisco, CA. Poster presentation. 26. Jones CD, Viswanathan M, Golin C, Ashok M, Blalock SJ, Wines RCM, CokerSchwimmer E, Grodensky C, Rosen DL, Pryanka S, Lohr K. Interventions to Improve Adherence to Self-Administered Medications for Chronic Diseases in the United States: A Systematic Review. AHRQ Annual Conference, September 9 – 11, 2012; Bethesda, MD. Poster presentation. 27. Rosen D, Golin C, Davis R. DeVellis R, Matuszewski J, Bowling JM, Green K, White B, Wohl D. Do North Carolina State prisoners perceive routine opt-out HIV testing as voluntary or mandatory? International AIDS Society, July, 2012; Washington, DC. Poster presentation. 28. LeRoy LJ, Donahue SMA, Lee A, Solomon L, Costa M, Rich J, Rosen D. Role of State and Community Programs on Prison Releasees' Linkage to HIV Care. XIX International AIDS Conference (AIDS 2012); July, 2012; Washington, DC. Poster presentation. 29. LeRoy L, Donahue S, Rich J, Lee A, Solomon L, Rosen D. Role of State and Community Policies on Prison Releasees’ Linkage to HIV Care. 2012 Academy Health Annual Research Meeting; June, 2012; Orlando, FL. Poster presentation. 30. Rosen D, Dumont D, Traver A Cislo A, Brockmann B, Rich J. Nationwide survey of Medicaid policies and practices in state prisons. AcademyHealth Annual Research Meeting, June, 2012; Orlando, FL. Poster presentation. 31. Wohl D, Golin C, Rosen D, Matuszewski, Bowling M, Green K, Davis R, Devellis R, Leone P, White B. Adoption of Opt-Out HIV Screening in a State Prison System Had Limited Impact on Detection of Previously Undiagnosed HIV Infection: Results from a Blinded HIV Seroprevalence Study. 19th Annual Conference on Retroviruses and Opportunistic Infections, March, 2012; Seattle, WA 32. Montague B, Rosen D, Solomon L, Green T, Costa M, Baillargeon J, Wohl DA, Par DP, Rich J. Tracking linkage to HIV care for former prisoners: a public health priority. American Public Health Association, October, 2011; Washington DC. Poster presentation Apr 6, 2020 13 33. Menezes P, Rosen D, Wohl DA, Kiziah N, Sebastian J., Eron JJ, White B Prevalence of antiretroviral (ARV) resistance among treatment-experienced, HIV-positive inmates of the North Carolina (NC) prison system. International AIDS Society, July, 2011; Rome, Italy. Poster presentation. 34. Khan M, Rosen D, Epperson M, Berger A, Smyrk K. Criminal justice involvement in adolescence and sexually transmitted infections in adulthood in the United States. 19th Biennial Conference of the International Society for Sexually Transmitted Diseases Research, July, 2011; Quebec, Canada. Poster presentation. 35. Rosen DL. Assessing the impact of the US federal government’s investment in health science research on the publication of scientific articles: a pilot study examining funded comparative effectiveness research projects. AcademyHealth Annual Research Meeting, June, 2011; Seattle, WA. Poster presentation. 36. Rosen DL, Wohl DA, White BL, Schoenbach VJ. Characteristics and behaviors associated with HIV infection in a large southern prison system. 15th Annual Conference on Retroviruses and Opportunistic Infections, February, 2008; Boston, MA. Poster presentation. 37. Rosen D, Golin C, Schoenbach V, Stephenson B, Wohl D, Gurkin B, Kaplan A. Availability and access to medical services among HIV-infected inmates incarcerated in county jails. American Public Health Association, November, 2003; San Francisco, CA. Awarded Excellence in Student Submissions – Honorable Mention. Poster presentation. 38. Stephenson B, Wohl D, Rosen D, Kiziah N, Simpson G, Ngo B, Bowles J, Liu H, Kaplan A. Directly observed therapy does not ensure adherence to antiretroviral therapy among HIV-infected inmates. American Public Health Association, October, 2000; Boston, MA 39. Wohl DA, Stephenson BL, Golin CE, Kiziah CN, Rosen D, Ngo B, Liu H, Kaplan AH. Adherence to directly observed therapy of antiretrovirals in a state prison system. Abstracts of the IDSA 38th Annual Meeting, September, 2000; New Orleans, LA 40. Stephenson B, Wohl D, Kiziah CN, Rosen D, Merriman N, Kaplan A. Release from prison and reincarceration is associated with an increase in the viral loads of HIVinfected individuals. 13th International AIDS Conference, July, 2000; Durban, South Africa 41. Wohl D, Ngo B, Fiscus, S, Handy J, Alcorn T, Cronin M, Pan W, Rosen D, Van Der Horst C. CMV viremia and the risk of cmv end-organ disease (EOD) or death in patients with AIDS in the era of HAART. 13th World AIDS Conference, July, 2000; Durban, South Africa Apr 6, 2020 14 In Press/submitted abstracts 1. Grove LR, Gertner A, Swietek K, Ching-Ching CL, Ray N, Malone TL, Rosen DL, Zarzar TR, Domino ME, Sheitman B, Steiner BD. A tailored primary care service for people with serious mental illness increased cardiometabolic screening and decreased blood pressure relative to usual primary care. Accepted, Annual Research Meeting of AcademyHealth. June 2020; Boston, MA. Solicited poster presentation. 2. Rosen D, Ray N, Brinkley-Rubinstein L, Fernandez A, Travers D, Domino M, Powers P, DiRosa E. EMS encounters in North and South Carolina Jails, 2010-2016. Accepted, 13th Academic and Health Policy on Conference on Correctional Health. June, 2020; Raleigh, NC. Solicited oral presentation. 3. Blue C*, Buchbinder M, Brinkley-Rubinstein L, Rennie S, Juengst E, Rosen D. Expert Stakeholders’ Perspectives on Community Engagement Strategies to Improve Data-to-Care in Jails. Accepted, 13th Academic and Health Policy on Conference on Correctional Health. June, 2020; Raleigh, NC. Solicited oral presentation. 4. Ashkin E, Rosen D, Brinkley-Rubinstein L, Baker H, Marlowe T, Smith J, Clayton D, Green T, Harrington B. Morbidity, Service Needs, and Program Engagement among Participants in the North Carolina FIT Program Linking Formerly Incarcerated Individuals with Healthcare. Accepted, 13th Academic and Health Policy on Conference on Correctional Health. June, 2020; Raleigh, NC. Solicited oral presentation. Other un-refereed works 1. Rosen DL, Buchbinder M, Juengst E, Rennie S. Public Health Research, Practice, and Ethics for Justice-Involved Persons in the Big Data Era. AJPH, Supplement 1, 2020, Vol 110, No. S1. doi: 10.2105/AJPH.2019.305456 Epub 2020 Jan 23. 2. Rosen DL, Gifford EJ, Ashkin EA. Overwhelming Need, Insufficient Health Care for Justice-involved North Carolinians. N C Med J. 2019 Nov-Dec;80(6):339-343. doi: 10.18043/ncm.80.6.339. 3. Wohl DA, Rosen DL. Inadequate HIV care after incarceration: case closed. Lancet HIV. 2018 Feb; 5(2):e64-e65. doi: 10.1016/S2352-3018(17)30210-2. Epub 2017 Nov 27. PubMed PMID: 29191441. Apr 6, 2020 15 4. Brinkley-Rubinstein L, Rosen DL, Christopher P, Bazerman L, Beckwith CG. LongActing Injectable Antiretroviral Therapy: An Opportunity to Improve Human Immunodeficiency Virus (HIV) Treatment and Reduce HIV Transmission Among Persons Being Released From Prison Facilities. Clin Infect Dis. 2017 Oct 1; 65(7):1247-1248. doi: 10.1093/cid/cix493. PubMed PMID: 28549121; PubMed Central PMCID: PMC5849091. 5. Brockmann BW, Rosen DL, Dumont DM, Cislo AM, Rich JD. Brockmann et al. respond. Am J Public Health. 2014 Aug; 104(8):e4-5. doi: 10.2105/AJPH.2014.302067. Epub 2014 Jun 12. No abstract available. PMID: 24922139. PMCID: PMC4103257 6. Wohl DA, Rosen D. Testing should be offered, not forced. Letter to the Editor. Raleigh News and Observer. April 23, 2008. Available at www.newsobserver.com/print/wednesday/opinion/story/1046724.html 7. Rosen DL, Schoenbach VJ, Kaplan AH. HIV testing in state prisons: balancing human rights and public health. Infectious Diseases in Corrections Report. April 2006;9(4):1-5 Other un-refereed works in press/under review NA Teaching record/mentorship Courses/Seminars – UNC Fall 2016 - Present Seminar Leader Criminal Justice and Health Working Group Seminar Approximately 85 unique participants per year; average approximately 20 participants per seminar meeting Fall 2019 Small Group Leader/Instructor Epid 725. Epidemiologic Research Methods. 5 students Fall 2018 Small Group Leader/Instructor Epidemiologic Research Methods, Epid 725 4 students 2016 - 2018 Small Group Leader Clinical Research Skills III: Proposal Development - Part 1(Fall), Epid 805 4-7 students Apr 6, 2020 16 2016 - 2018 Spring 2015 – Fall 2016 Spring 2016 Summer 2002 1999 – 2000 Lectures – UNC Fall 2019 Fall 2019 Spring 2019 Fall 2018 Fall 2017 Small Group Leader Clinical Research Skills IV: Proposal Development- Part 2(Spring), Epid 806 4-7 students Seminar Leader Incarceration and public health journal club Approximately 4-6 participants Guest Small Group Leader Clinical Research Skills IV: Proposal Development - Part 2, Epid 806 2.12.16, 3.11.16, 4.22.16 4-6 students Teaching Assistant Introduction to Epidemiology, Epid 600 Approximately 25 students Teaching Assistant Gross Anatomy Approximately 20-30 students Guest Lecturer Mass Incarceration and Public Health, PUBH783 Topic: Chronic health conditions among incarcerated persons 10.09.2019 Approximately 15 - 20 students Guest Lecturer Introduction to Public Health, SPHG 600 Topic: Health and healthcare for incarcerated persons. 10.08.2019 Approximately 50 - 80 students Guest Lecturer Introduction to Public Health, SPHG 600 Topic: Health and healthcare for incarcerated persons. 03.28.2019 Approximately 50 - 80 students Guest Lecturer Special topics: The Public Health Impact of Criminalizing the Marginalized, PUBH 890.001 Topic: Health and healthcare for incarcerated persons 10.16.2018 Approximately 15 - 20 students Guest Lecturer Exploring Public Health, SPHG 620 Topic: Public Health and the Criminal Justice System 11.09.2017 Approximately 50 students Apr 6, 2020 17 Fall 2016 Spring 2012 Guest Lecturer Social Epidemiology Seminar Topic: Prison Health 11.09.2016 Approximately 20 students Guest Lecturer Advanced Methods in Social Epidemiology Topic: Research in vulnerable populations 02.16.2012 Topic: Research ethics & communicating with the public about controversial research 03.01.2012 Approximately 20 students at each lecture Grand Rounds– Outside UNC Spring 2017 Guest Lecturer Wilmington Internal Medicine (AHEC) Grand Rounds. Topic: Public Health and the Criminal Justice System. 02.22.2017 Approximately 40 attendees Invited Talks/Panels – UNC Fall 2018 Invited Speaker Presented “Leveraging Big Data to Understand and Improve Continuity of Care Among HIV-positive Jail Inmates: Rationale and Approach” Health Technology Symposium: Health Ethics at the Intersection of Data and Technology 11.30.2018 Spring 2013 Panel Discussant Health Inequities in the U.S. Sponsored by UNC SOM International Health Forum and the American Medical Student Association 02.20.2013 Fall 2011 Lead Discussant Structural Determinants Working Group UNC Center for AIDS Research 12.02.2011 Invited Talks/Panels – Outside UNC Summer 2019 Invited Speaker NC Department of Health and Human Services, Raleigh, NC Topic: UNC Jail HIV Testing and Linkage to Care 06.14.2019 Spring 2017 Guest Faculty Apr 6, 2020 18 Fall 2016 Spring 2016 Summer 2015 Mock reviewer for Lifespan/Brown Criminal Justice Research Program on Substance Use and HIV 03.20.2018 Approximately 6 students/trainees Invited Speaker Division of Comparative Effectiveness and Decision Science, Langone School of Medicine, New York University, New York, NY Topic: The HIV Care Cascade: Application to a Large Southern Prison System 10.18.2016 Invited Speaker Coalition for Health Care of North Carolina, Durham, NC Topic: Criminal Justice System, Medicaid, and Health 05.26.2016 Invited Speaker NC Department of Health and Human Services, Division of Public Health, HIV/AIDS Section, Raleigh, NC Topic: The Criminal Justice System and HIV 06.17.2015 Mentorship Junior Faculty/Clinical Instructors 2018 – Present Mentor. Shabbar Ranapurwala, PhD, Assistant Professor, UNC Gillings Global School of Public Health, UNC. Grant writing; project mentorship: Medicaid expansions and deaths due to opioid overdose, suicides, and homicides among formerly incarcerated persons. 2018 – Present Mentor. Tonya VanDeinse, PhD, Assistant Professor, School of Social Work, UNC. Project mentorship: Understanding Support Networks of Probationers with Mental Illness and Substance Use Disorders to Inform Care 2018 – Present Ad Hoc Mentor. Andrea Knittel, MD, Assistant Professor, Dept. of OB/GYN, UNC. Grant writing/review 2017 – Present Mentor. Asher Schranz, MD, Clinical Instructor, Division of Infectious Diseases, UNC. Primary mentor for submitted NIH K23 proposal: Drug-use associated infective endocarditis: Post-hospitalization outcomes and patient treatment preferences; percentile score: 4 2013 – 2014 Mentor. Elijah Onsomu, PhD, Assistant Professor, Winston-Salem State University. Paper Development: Association between domestic violence and HIV serostatus among married and formerly married women in Kenya Postdoctoral fellows 2019 – Present Ad Hoc Mentor. Nadya Belenky, PhD, MSPH, Institute for Global Health and Infectious Diseases, UNC. Grant review; manuscript development Apr 6, 2020 19 Fall 2017 – Spring 2018 Doctoral students 2019 – Present 2018 – Present 2018 – Present Masters students Fall 2017 – Spring 2018 Fall 2017 – Spring 2018 Fall 2016 Spring 2015 – Spring 2016 Spring 2015 Spring 2014 Undergraduates 2018 – Present 2011 – 2012 Mentor. Trenita Childers, PhD, Sheps Center for Health Services Research UNC. Grant review Mentor/ Dissertation Committee Member. Bonnie Shook-Sa, Doctoral students, Dept of Biostatistics, UNC Mentor. Catherine Grodensky, MPH, Sanford School of Public Policy, Duke University Mentor/Dissertation Committee Member. Nicole Calhoun, FNP-BC, MSN, Doctoral student, School of Nursing, Duke University Mentor/2nd reader. Holly McDowell, 2nd year master’s student, Department of Health Policy, School of Public Health, UNC Mentor. Arbor Quist, 1st year master’s student, Department of Epidemiology, School of Public Health, UNC Mentor/Independent Study Director. Stephanie Bahorski, 2nd year master’s student, Dept. of Health Behavior, School of Public Health, UNC Mentor. Terence Johnson, master’s student, Div. of Pharmaceutical Outcomes and Policy, School of Pharmacy, UNC Mentor/Independent Study Director. Anna Rose Miller, 2nd year master’s student, Dept. of Health Behavior, School of Public Health, UNC Mentor. Sayaka Hino, 2nd year master’s student, Dept. of Health Behavior, School of Public Health, UNC Mentor. Priya Sridhar, undergraduate student, UNC Project Advisor. Amy Traver, senior undergraduate student, Brown University Grants Active Grants R49/CE003092 (Marshall S) 08.01.2019 – 07.31.2024 National Center for Injury Prevention and Control, Centers for Disease Control and Prevention UNC INJURY PREVENTION RESEARCH CENTER Medicaid expansions and deaths due to opioid overdose, suicides, and homicides among formerly incarcerated persons. Role: Center Co-investigator, Project PI (10%, Years 1-3), $4,201,429 UG1DA050072 (Wang) 08.01.2019 – 07.31.2024 Apr 6, 2020 20 NIH Transitions Clinic Network: Post Incarceration Addiction Treatment, Healthcare, and Social Support (TCN PATHS) study Role: Co-investigator, $688,949 (0% Years 1-3; 10%, Years 4-5) P30 AI50410 (Swanstrom R) 08.01.2017 – 07.31.2021 NIH UNC Center for AIDS Research Core G This project funds the Social and Behavioral Sciences Research Core for the UNC Center for AIDS Research, which aims to facilitate collaborative social science research in the area of HIV. Role: Epidemiology and Prison Database Specialist (2%) R01 MD012469 (Rosen DL) 09.26.2017 – 06.30.2021 NIMHD Assessing jails' use of community-based emergency care in the US South. Jails incarcerate populations with a heavy burden of health needs, but few data are available to understand systems of jail healthcare. Robust clinical indicators of inmates’ immediate healthcare needs—and the extent to which their needs exceed jail healthcare resources—are needed to target interventions to improve jail healthcare and reduce costs. In response, we propose a novel approach, leveraging statewide EMS databases to characterize the frequency and types of EMS encounters occurring in all jails across 5 states. By enumerating the prevalence of health conditions— particularly traumas and ambulatory-care sensitive conditions—resulting in EMS care may in turn identify opportunities to modify jail policies to improve health and reduce healthcare costs. We will complement these analyses with findings from a targeted survey of jail health administrators to further delineate jail healthcare systems and to identify components, which could be strengthened Role: PI (40%), $1,696,656 R01 AI129731 (Rosen DL) 06.20.2017 – 05.31.2021 NIAID Leveraging Big Data to understand and improve continuity of care among HIV-positive jail inmates. Existing research examining the epidemiology of HIV among jail inmates and their use of healthcare has been limited, and largely conducted in high capacity urban jails. This project will create a de-identified HIV surveillance database to understand the burden of HIV in jails and inmates’ utilization of HIV care as they transition between correctional and community settings in a southern state populated with small and mid-sized rural jails. We will also explore the ethics of creating a version of our surveillance database that retains identifiers, so that state outreach workers can identify and contact out-of-care HIV-positive inmates to facilitate their re-entry into HIV care during incarceration and after release. Role: PI (40%), $1,624,102 Apr 6, 2020 21 APP#: 1120004 (Borschmann R) 01.01.2017-12.31.2020 Australian National Health Research Council Preventing mortality in adults after release from prison: Advancing global knowledge through an international, individual participant data meta-analysis Role: Co-investigator (in-kind year 1, 5% in year 2, in-kind years 3 and 4), $613,687 Duke Endowment Fund (Ashkin E) 07.1.2017 – 06.30.2020 Formerly Incarcerated Transitions (FIT) Program The FIT program facilitates continuity of healthcare for released state prisoners returning to the community in Durham and Orange counties (NC). Role: Co-investigator (8%), $340,000 No number (VanDeinse) 06.01.2019 – 05.31.2020 R25 Pilot Funding Understanding Support Networks of Probationers with Mental Illness and Substance Use Disorders to Inform Care Role: Member of Mentorship Team (In-kind support) Submitted/Under Review National Science Foundation (Singh M) 06.01.2021- 05.31.2026 Preproposal: Ethics and Safety of Systems of Autonomous, Intelligent Agents in Society Role: Co-investigator (Budget and % effort TBD) Duke Endowment Fund (Ashkin E) 01.01.2020 – 12.31.2022 North Carolina Initiative on Medication-Assisted Treatment (MAT) for Incarcerated People with Opioid Use Disorder. Role: Co-investigator (10%), $443,091 Completed Grants R01 AI116384 (Rosen DL) 09.18.2014 – 08.31.2019* NIAID Assessing the HIV care cascade in a large southern prison system In a large southern prison system, we will examine HIV-positive prisoners’ engagement in healthcare and identify barriers to entering and maintaining care and achieving viral suppression. Apr 6, 2020 22 By understanding inmates’ use of HIV care in prison, we may strengthen efforts to improve their health and reduce their risk for transmission during incarceration and after release. Role: PI (18%), $750,000 AIDS UNITED/CDC Special Projects of National Significance (Farel CE) 08.1.2016 – 07.31.2019 Transitional Care Coordination: From Jail Intake to Community HIV Primary Care in Wake County, North Carolina This project seeks to implement a transition care coordination program to improve engagement and continuity of care among jail-involved HIV+ persons in Wake County, NC. Role: Co-investigator (in-kind support) R01 MD008979 (Rosen DL) 07.10.2014 – 03.31.2019 NIMHD Effectiveness of a prison system-based Medicaid enrollment program Prison-based Medicaid enrollment assistance programs (PBMEAPs) have the potential to improve access to healthcare for prisoners upon their release. Our evaluation of the NC prison system’s PBMEAP will provide policy-makers, prison officials, and Medicaid administrators in NC and other states with a data-driven understanding of the impact of this program on healthcare access and health, and will help prison administrators evaluate and improve their program. If found to be effective, adoption of PBMEAPs among other state prison systems could have a profound effect on diminishing health disparities experienced by released prisoners. Role: PI, (35%), $750,000 No Grant Number (Sheitman B) 01.01.2018 – 12.31.2018 NC TRACS Evaluation of a Novel Behavioral Health Home with Comprehensive Primary Care for People with Serious Mental Illness. Behavioral health homes (BHHs) have been proposed as a model for improving care for people with SMI. The BHH model proposes integrating primary care services into behavioral health settings while providing additional services such as care management. Nevertheless, there are have been few studies of the effectiveness of the BHH model. We propose to examine a UNC BHH that integrates behavioral health services with comprehensive primary care services based on the patient-centered medical home (PCMH) model of primary care, assessing how this new clinical approach affects process, outcome, and utilization measures for individuals with SMI. Role: Co-investigator (in-kind support) UL1TR001111-03 (Buse J) 09.26.13 – 04.30.18 NIH UNC Clinical and Translational Science Award Apr 6, 2020 23 This project funds activities to improve the way biomedical research is conducted, reduce the time it takes for laboratory discoveries to become treatments for patients, engage communities in clinical research efforts, and train the next generation of clinical and translational researchers. Role: Small Group Leader (5%) R21 MH099162 (Rosen DL) 09.01.2013 – 08.30.2016 NIMH Access to Mental Health Services among Released State Prisoners This project will compare the effect of Medicaid policies, which either terminate or suspend Medicaid benefits upon incarceration, on prisoners’ post-release use of Medicaid funded healthcare, the cost of that care, and re-incarceration events Role: PI, (35%) $275,000 R01 DA030778 (Rich JD, Solomon L) 09.30.2010 – 06.30.2016 NIDA Improving Linkage to HIV Care Following Release from Incarceration This multistate data linkage project linking prison records with Ryan White care records will create an easily replicable monitoring strategy to identify geographic areas with high and low levels of success in linking HIV-infected inmates into community care following their release from prison. Qualitative evaluations will enhance understanding of the correlates of enhanced linkage and will help to ultimately inform the design of best practice models for the support of linkages to care following release from corrections. Role: Co-Investigator (17%), $619,316 T32 HS019442 (Carey T) 07.01.2010 – 06.30.2012 AHRQ Postdoctoral Training in Comparative Effectiveness UNC postdoctoral training program in comparative effectiveness research. The components of CER include evaluation of current evidence through systematic reviews; observational studies and analyses such as pharmacoepidemiology and modeling research; conduct of large effectiveness trials; and dissemination and implementation activities. Role: Trainee (100%) F30 MH077546 (Rosen DL) 07.01.2006 - 06.30.2010 Determinants of voluntary HIV testing among inmates The goal of the research project was to determine the use of voluntary HIV testing among prisoners, determine systemic- and individual-level factors associated with uptake of testing in prison, and determine the associations between prisoner characteristics and serostatus. Role: PI (100%), $117,672 Apr 6, 2020 24 T32 AI07001-29 (Sparling PF) 07.01.2005-06.30.2006 Training in Sexually Transmitted Diseases and AIDS Long-running training grant providing substantive and methodological background necessary to conduct research in the fields of sexually transmitted diseases and AIDS. This program includes affiliation with excellent sexually transmitted diseases clinics, a large HIV clinic, and a superb international research site in Malawi. Faculty are drawn from the School of Medicine and School of Public Health, with multiple cross cutting and interdisciplinary interactions and research projects. Role: Trainee (100%) Professional Service To discipline 2019 – Present 2017 – Present 2016 – Present 2016 – 2017 2014 2011 – 2012 2011 – 2012 2006 – 2007 2004 – 2005 Member. Ad Hoc Host Committee. 13th Academic and Health Policy on Conference on Correctional Health Loan Repayment Program Ambassador. National Institutes of Health Member. Academic Consortium of Criminal Justice and Health Member. International Association of Providers of AIDS Care Evaluator. Faculty Promotion/Tenure, Univ. of Oklahoma Health Sciences Center Staff. Evidence-Based Practice Systematic Review Committee – Comparative Effectiveness of Medication Adherence Interventions Member. AcademyHealth Association Member. Academy of Correctional Health Professionals Member. American Public Health Association Within UNC 2018 – Present 2017 – Present 2017 – Present 2016 – Present 2012 – Present 2019 2018 2018 1999 – 2015 2015 Affiliate. UNC Injury Prevention Research Center Member. UNC Center for AIDS Research (CFAR) NC Prevention Working Group Affiliate. UNC Center for Health Equity Research (CHER) Lead. UNC Prison/Criminal Justice Working Group Staff. UNC Center for AIDS Research, Social and Behavioral Sciences Research Core Reviewer. NC TRACS mock review, UNC (4.22.19) Member. UNC CFAR Clinical Core Internal Advisory Board. (Nov 2, 2018) Member. UNC CFAR TechEngage Interest Group Member. UNC Prison/Criminal Justice Working Group Reviewer. NC TRACS mock review, UNC Apr 6, 2020 25 2014 2011 – 2014 2011 2007 Study Section Member. UNC CFAR Developmental Grant Awards Member. UNC CFAR, Structural Determinants Working Group Member. EXPORT Pilot Award Study Section, UNC Judge. UNC John B. Graham Research Society Student Research Day REVIEWER (ad hoc) 2018 Lancet HIV 2015 – 2017 PLOS One 2017 JAIDS (Journal of Acquired Immune Deficiency Syndrome) 2015 – 2016 Journal of Immigrant and Minority Health 2010 – 2016 American Journal of Public Health 2016 Journal of Applied Gerontology 2016 Expert Review of Pharmacoeconomics & Outcomes Research Health Affairs 2016 Social Science and Medicine 2015 Social Science and Medicine – Public Health 2015 STD 2015 Journal of Healthcare for the Poor and Underserved 2014 Addiction 2014 BMC Public Health 2014 Journal of Urban Health 2014 Medical Care 2013 North American Journal of Medical Science 2013 Oncology 2011 AIDS and Behavior Guest Academic Editor PLOS One, 07.2017 Guest Editor North Carolina Medical Journal, 11.2019 issue Academic Editor PLOS One, 04.2018 – Present COMMUNITY SERVICE 2017 – Present Licensed Foster Parent Orange County, NC 2006 – 2007 English Reading and Writing Tutor Orange County Literacy Council Chapel Hill, NC 1998 Emergency Medical Technician Volunteer ABCCM Indigent Clinic Apr 6, 2020 26 1997 – 1998 1995 – 1996 Buncombe County, NC Journalist/Documentarian Community Sound Chapel Hill, NC Emergency Medical Technician Volunteer Orange County Rescue Squad Orange County, NC Apr 6, 2020 27 EXHIBIT B Brinkley-Rubinstein 1 Lauren Brinkley-Rubinstein, PhD 333 S. Columbia Street 341b MacNider Hall Chapel Hill, NC 27599 Lauren_Brinkley@med.unc.edu EDUCATION 05/15 – 06/16 T32 Postdoctoral Fellow, HIV, Incarceration, and Other Complications of Substance Abuse Division of Infectious Diseases, Warren Alpert Medical School Brown University, Providence, RI 01/12 – 05/15 Ph.D., Community Research and Action Vanderbilt University, Nashville, TN 05/13 Graduate Certificate, Scholarship of Teaching and Learning Scholars Vanderbilt, University, Nashville, TN 08/09 – 12/11 M.S., Community Research and Action Vanderbilt University, Nashville, TN 08/04 – 12/06 M.A., Criminal Justice Policy City University of New York (CUNY), John Jay College of Criminal Justice, New York, NY 08/01 – 05/04 B.A., Sociology Western Kentucky University, Bowling Green, KY PROFESSIONAL EXPERIENCE 04/19—Present Adjunct Assistant Professor of Health Behavior, Gillings School of Public Health, University of North Carolina at Chapel Hill 06/16 – Present Assistant Professor of Social Medicine, University of North Carolina at Chapel Hill 06/16 – Present Core Faculty in the Center for Health Equity Research, University of North Carolina at Chapel Hill 06/16 – Present Research Fellow at the Sheps Center for Health Services Research, University of North Carolina at Chapel Hill 06/16 – Present Affiliated Faculty at the Center for Prisoner Health and Human Rights at Brown University 09/17 – Present Health Criminology Research Consortium Faculty Fellow, Saint Louis University Brinkley-Rubinstein 2 09/07 – 6/10 Research Associate, Metro Nashville Public Health Department 08/05 – 12/06 Research Assistant, Vera Institute of Justice BIBLIOGRAPHY AND SCHOLARLY PRODUCTS Special Journal Issues Edited Cloud, D. Brinkley-Rubinstein, L., Bassett, M.T., Graves, J., & Fullilove, R.E. (2020). Special Issue of the American Journal of Public Health: Mass Incarceration as a Socio-Structural Determinant of Health Disparities. Brinkley-Rubinstein, L., Sadacharan, R., Macmadu, A., & Rich, J.D. (2018). Special Issue of the Journal of Urban Health on Incarceration and Health. Journal Articles Zaller, N.D., Nehrer, T., Marshall, S.A., Zielinski, M., & Brinkley-Rubinstein, L. (2020). Barriers and facilitators to linking high-risk jail detainees to HIV pre-exposure prophylaxis. PLOSOne. Rennie, S., Buchbinder, M., Blue, C., Juengst, E., Brinkley-Rubinstein, L., & Rosen, D.L. (2020). Scraping the web for public health gains: Ethical considerations from a “big data” research project on HIV and incarceration. Public Health Ethics. Buchbinder, M., Blue, C., Juengst, E., Brinkley-Rubinstein, L., Rennie, S., & Rosen, D.L. (2020). Expert stakeholders’ perspectives on a Data-to-Care strategy for improving care among HIV-positive individuals incarcerated in jails. AIDS Care. Cloud, D.H., Bassett, M.T., Graves, J., Fullilove, R.E., & Brinkley-Rubinstein, L. (2020). Editors Choice. American Journal of Public Health. Brinkley-Rubinstein, L. & Cloud, D.H. (2020). Mass incarceration as a driver of socio-structural health inequities. American Journal of Public Health. Brinkley-Rubinstein, L., Allen, S.A., & Rich, J.D. (2020). Incarceration negatively impacts the health of children. The Lancet Public Health. Macmadu, A., Goedel, W.C,, Adams, J.W., Brinkley-Rubinstein, L., Green, T.C., Clarke, J.G., Martin, R.A., Rich, J.D., Marshall, B.D.L. (2020). Estimating the impact of wide scale uptake of screening and medications for opioid use disorder in US prisons and jails. Drug and Alcohol Dependence. Tomar, N., Brinkley-Rubinstein, L., Ghezzi, M.A., VanDeinse, T.B., Burgin, S., & Cuddeback, G.S. (2019). Internalized stigma and its correlates among justice-involved individuals with mental illness. International Journal of Mental Health. 1-11. Brinkley-Rubinstein, L. & Johnson, T. (2019). Solitary confinement and health. NC Med J. 80(6). 359- Brinkley-Rubinstein 3 360. doi: 10.18043/ncm.80.6.359. Callander, D., Duncan, D.T., Hyun Park, S., Bowleg, L., Brinkley-Rubinstein, L., Theall, K.P., & Hickson, D.A. (in press). An intersectional analysis of life stress, incarceration and sexual health risk practices among cisgender Black gay, bisexual and other men who have sex with men in the Deep South of the United States: The MARI Study. Sexual Health. Brinkley-Rubinstein, L., Crowley, C., Montgomery, M., Zaller, N.D., Martin, R., Clarke, J., Dubey, M., Chan, P.A. (in press). Knowledge and interest of pre-exposure prophylaxis among men in a criminal justice setting. Journal of Correctional Healthcare. Brinkley-Rubinstein, L., Sivaraman, J., Shanahan, M., Proescholdbell, S., Rosen, D.L., Cloud, D.H., Junker, G., & Ranapurwala, S. (2019). Restrictive housing during incarceration is associated with increased post-release risk of death from suicide, homicide, and opioid overdose. JAMA Open Network: 2(10): e1912516. doi:10.1001/jamanetworkopen.2019.12516. Peterson, M. Rich, J.D., Clarke, J.C., Macmadu, A., Truong, A., Pognon, K., & Brinkley-Rubinstein, L. (2019). Pre-Exposure Prophylaxis Awareness and Interest among Participants in a Medications for Addiction Treatment Program in a Unified Jail and Prison Setting in Rhode Island. Journal of Substance Abuse Treatment. 106:73-78. doi: 10.1016/j.jsat.2019.08.015. Martin, R., Gresko, S.A., Brinkley-Rubinstein, L., Stein, L., & Clarke, J. (in press). Post-release treatment uptake among participants of the Rhode Island Department of Corrections Comprehensive Medication Assisted Treatment Program. Preventive Medicine. 4 (105766). doi: 10.1016/j.ypmed.2019.105766. Rhodes B., Costenbader, B., Wilson, L., Hershow, R., Carroll, J., Zule, W., & Brinkley-Rubinstein, L. (2019). Urban, Black and multi-racial individuals are impacted by fentanyl-contaminated heroin. International Journal of Drug Policy. 19 (73).1-6. doi: 10.1016/j.drugpo.2019.07.008. Brinkley-Rubinstein, L., Peterson, M., Macmadu, A., Truong, A.Q., Clarke, J.C., Marshall, B.D., Green, T.G., Parker, M., Pognon, K., Martin, R., Stein, L., & Rich, J.D. (2019). The benefits and implementation challenges of the first state-wide comprehensive medication for addictions program in a unified jail and prison setting. Drug and Alcohol Dependence. 7;205:107514. doi: 10.1016/j.drugalcdep.2019.06.016. Hershow, R., Gonzalez, M., Costenbader, B., Golin, C., Zule, W., & Brinkley-Rubinstein, L. (2019). Medical providers and harm reduction views on Pre-Exposure Prophylaxis for HIV prevention among people who inject drugs. AIDS Education and Prevention. 31(4). 363-379. doi: 10.1521/aeap.2019.31.4.363. Peterson, M., Rich, J.D., Macmadu, A., Truong, A.Q., Green, T.C., Beletesky, L., Pognon, K. & Brinkley-Rubinstein, L. (2019). One guy goes to jail, two people are ready to take his spot: Perspectives on drug-induced homicide laws among incarcerated individuals. International Journal of Drug Policy. Brinkley-Rubinstein 4 Zaller, N.D., Zielinski, M., Coffey, J., & Brinkley-Rubinstein, L. (2019). Screening for opioid use disorder in the largest jail in Arkansas: A brief report. Journal of Correctional Healthcare. 25(3). 214218. doi: 10.1177/1078345819852133. Brinkley-Rubinstein, L., Peterson, M., Zaller, N.D., & Wohl, D.A. (2019). Best practices for identifying men who have sex with men for corrections-based pre-exposure prophylaxis provision. Health & Justice. 7(7). 1-5. doi: doi.org/10.1186/s40352-019-0088-7 Ramsey, S.E., Ames, E.G., Brinkley-Rubinstein, L., Teitelman, A.M., Clarke, J., & Kaplan, C. (2019). Linking Women Experiencing Incarceration to Community-Based HIV Pre-Exposure Prophylaxis Care: Protocol of a Pilot Trial, Addiction Science & Clinical Practice. Addiction Science & Clinical Practice. 14(8), 1-13. doi: 10.1186/s13722-019-0137-5. Chadwick, C.N., Brinkley-Rubinstein, L., McCormack, M., & Mann, A. (2019). Experiences of HIV stigma in rural Southern religious settings. International Journal of Culture and Mental Health. 11(3), 1-17. doi:10.1080/17542863.2018.1556718. Zaller, N. & Brinkley-Rubinstein, L. (2018). Incarceration, drug use, and infectious diseases: A syndemic still not addressed. Lancet HIV. 18(12): P1301-1302. doi: 10.1016/S1473-3099(18)30438-3. Brinkley-Rubinstein, L., Peterson, M., Arnold, T., Nunn, A.S., Beckwith, C.G., Castonguay, B., Junious, E., Lewis, C., Chan, P.A. (2018). Knowledge, interest, and anticipated barriers of pre-exposure prophylaxis uptake and adherence among gay, bisexual, and men who have sex with men who are incarcerated. PLoS One, 13(12):e0205593. doi: 10.1371/journal.pone.0205593. Peterson, M., Nowotony, K., Dauria, E., Arnold, T., & Brinkley-Rubinstein, L. (2018). Institutional distrust among gay, bisexual, and other men who have sex with men as a barrier to accessing preexposure prophylaxis (PrEP). AIDS Care, 1-6. doi: https://doi.org/10.1080/09540121.2018.1524114. Beckwith, C.G., Kuo, I., Fredricksen, R., Brinkley-Rubinstein, L., Loeliger, K., Young, R., Cunningham, W., Kahana, S., Franks, J., Zawitz, C., Seal, D., Springer, S., Christopoulos, K., Lorvick, J., Delaney, J.A., Crane, H.M., & Biggs, M.L. (2018). Risk behaviors and HIV care continuum outcomes among criminal justice-involved HIV infected transgender women and cisgender men: Data from the Seek, Test, Treat, and Retain Harmonization Initiative. PLoS ONE, 13(5), e0197730. doi: https://doi.org/10.1371/journal. pone.0197730. Brinkley-Rubinstein, L., Dauria, E., Tolou-Sham, M., Christopolous, K., Chan, P.A., Beckwith, C.G., Parker, S., & Meyer, J. (2018). The path to implementation of HIV pre-exposure prophylaxis for people involved in criminal justice systems. Current HIV/AIDS Reports, 15(2), 93-95. doi: 10.1007/s11904018-0389-9. Brinkley-Rubinstein, L., Drucker, E., Cloud, D.C., & Zaller, N. (2018). Opioid use among those who have criminal justice experience: Harm reduction strategies to lessen HIV risk. Current HIV/AIDS Reports, 15(3), 225-258. https://doi.org/10.1007/s11904-018-0394-z. Brinkley-Rubinstein, L., Macmadu, A., Marshall, B.D.L., Heise, A., Ranapurwala, S., Rich, J.A., & Green, T.C. (2018). Risk of fentanyl-involved overdose associated with recent criminal justice system Brinkley-Rubinstein 5 involvement: Findings from a recent outbreak of illicit synthetic fentanyl overdose in 2014 and 2015. Drug and Alcohol Dependence, 185, 189-191. doi: 10.1016/j.drugalcdep.2017.12.014. Brinkley-Rubinstein, L., McKenzie, M., Macmadu, A., Zaller, N., Larney, S., Dauria, E., & Rich, J. (2018). A randomized, open label trial of methadone continuation versus forced withdrawal in a combined US prison and jail: Findings at 12-months post-release. Drug and Alcohol Dependence, 184, 57-63. doi: 10.1016/j.drugalcdep.2017.11.023. Brinkley-Rubinstein, L. Sandacharan, R., Macmadu, A., & Rich, J.D. (2018). Introduction to the special issue of the journal of urban health: Incarceration and health. Journal of Urban Health, 95(4), 441-443. Brinkley-Rubinstein, L., Zaller, N.D., Martino, S., Cloud, D.H., McCauley, E., Heise, A., & Seal, D. (2018). Criminal justice continuum for opioid users at risk of overdose. Addictive Behaviors, 86, 104110. doi: https://doi.org/10.1016/j.addbeh.2018.02.024. Cloud, D.C., Castillo, T., Brinkley-Rubinstein, L., Dubey, M., & Childs, R. (2018). Syringe decriminalization advocacy in red states: Lessons from the North Carolina Harm Reduction Coalition. Current HIV/AIDS Reports, 15(3), 276-282. doi: 10.1007/s11904-018-0397-9. Green, T.C., Clarke, J., Brinkley-Rubinstein, L., Marshall, B.D.L., Alexander-Scott, N., Boss, R., & Rich, J. (2018). Reduced post-incarceration fatal overdoses after implementation of a comprehensive program of medications for opioid use disorder in a statewide correctional system. JAMA Psychiatry. 75(4), 405-407. doi: 10.1001/jamapsychiatry.2017.461. McCauley, E.M., Eckstrand, K., Desta, B., Brockmann, B., Bouvier, B., & Brinkley-Rubinstein, L. (2018). Exploring healthcare experiences for incarcerated individuals who identify as transgender in a southern jail. Transgender Health, 3(1), 34-41. doi: 10.1089/trgh.2017.0046. Rebeiro, P.F., McPherson, T., Goggins, K., Turner, M.M., Bebawy, S.S., Brinkley-Rubinstein, L., Person, A.K., Sterling, T.R., Kripalani, S., & Pettit, A.C. (2018). Health literacy and demographic disparities in HIV-1 viral suppression. AIDS & Behavior, 22(8), 2604-1614. doi: 10.1007/s10461-0182092-7. Stopka, T.J., Brinkley-Rubinstein, L., Johnson, K., Chan, P.A., Hutcheson, M., Crosby, R.A., Burke, D., Mena, L., & Nunn, A. (2018). HIV clustering in Mississippi: Spatial epidemiology study to inform implementation science in the Deep South. JMIR, 4(2), e35. doi: 10.2196/publichealth.8773. Arnold, T., Brinkley-Rubinstein, L., Chan, P., Perez-Brumer, A., Mena, L., Beauchamps, L., Bologna, E., Johnson, K., & Nunn, A. (2017). Social, structural, behavioral, and clinical factors influencing retention in pre-exposure prophylaxis (PrEP) care in Mississippi. PLOSOne, 12(2), e0172354. doi: 10.1371/journal.pone.0172354. Zaller, N.D., Cloud, D.H., Brinkley-Rubinstein, L., Martino, S., Bouvier, B., & Brockmann, B. (2017). The importance of Medicaid expansion for criminal justice populations in the South. Health & Justice, 5(1), 2. doi: 10.1186/s40352-017-0047-0. Brinkley-Rubinstein 6 Brinkley-Rubinstein, L., Cloud, D.H., Davis, C., Zaller, N., Delany-Brumsey, A., Pope, L., Bouvier, B., & Rich, J.D. (2017). Addressing excess risk of overdose among recently incarcerated people in the USA: Harm reduction interventions in correctional settings. Special Issue: “Translating Research into Policy to Advance Correctional Health” of the International Journal of Prisoner Health, 13(1), 25-31. doi: 10.1108/IJPH-08-2016-0039. Brinkley-Rubinstein, L., Rosen, D.L., Christopher, P., Bazerman, L., & Beckwith, C. (2017). Long acting injectable anti-retroviral therapy: An opportunity to improve HIV treatment and reduce HIV transmission among persons being released from prison facilities. Clinical Infectious Diseases, 65(7), 1247-1248. doi: 10.1093/cid/cix493. Kipp, A.M., Rebeiro, P.F., Shepherd, B.E., Brinkley-Rubinstein, L., Turner, M., Bebawy, S., Sterling, T.R., & Hulgan, T. (2017). Daily marijuana use is associated with missed clinic appointments among HIV-infected persons engaged in HIV care. AIDS & Behavior, 21(7), 1996-2004. doi: 10.1007/s10461017-1716-7. Nunn, A, Brinkley-Rubinstein, L., Oldenberg, C., Mayer, K., Mimiaga, M., Patel, R., & Chan, P. (2017). Defining the HIV pre-exposure prophylaxis care continuum. AIDS, 31(5), 731-734. doi: 10.1097/QAD.0000000000001385. Nunn, A., Brinkley-Rubinstein, L., Towey, C., Yolken, A., Trooskin, S., Smith, E., Beckwith, C., Rose, J., & Chan, P. (2017). Latent class analysis of acceptability and willingness to identify individuals for self-HIV testing in community settings. Journal of the International AIDS Society, 20(1). 1-9. doi: 10.7448/IAS.20.1.21290. Tomar, N., Ghezzi, M.A., Brinkley-Rubinstein, L., Blank Wilson, A., Van Deinse, T.B., Burgin, S., & Cuddeback, G.S. (2017). Statewide mental health training for probation officers: Improving knowledge and decreasing stigma. Health & Justice. 5(1), 11. doi: 10.1186/s40352-017-0057-y. Brinkley-Rubinstein, L., Parker, S., Chan, P., Gjelsvik, A., Mena, L., Marshall, B., Harvey, J., Beckwith, C., Riggins, R. & Nunn, A. (2016). Condom use and incarceration among STI clinic attendees in the Deep South. BMC Public Health, 16(1), 971. doi: 10.1186/s12889-016-3590-z. Marshall, B.D.L., Perez-Brumer, A.G., MacCarthy, S., Mena, L., Chan, P.A., Towey, C., Barnett, N., Parker, S., Barnes, A., Brinkley-Rubinstein, L., Rose, J.S., & Nunn, A. (2016). Individual and partnerlevel factors associated with condom non-use among African American STI clinic attendees in the Deep South: An event-level analysis. AIDS & Behavior, 20(6), 1334-1342. doi: 10.1007/s10461-015-1266-9. Rich, J.D., Beckwith, C., Macmadu, A., Marshall, B., Brinkley-Rubinstein, L., Milloy, M.J., Atwoli, L., Sanchez, J. & Altice, F. (2016). Clinical care of the incarcerated patient with HIV, Hepatitis B and C, and TB. Lancet, 388(10049), 1103-114 doi: 10.1016/S0140-6736(16)30379-8. Brinkley-Rubinstein, L. (2015). Understanding the effects of multiple stigmas among formerly incarcerated HIV-positive African American men. AIDS Education & Prevention, 27(2), 168-180. doi: 10.1521/aeap.2015.27.2.167. Brinkley-Rubinstein, L., Bethune, M., & Doykos, B. (2015). HIV health literacy as a process: A case- Brinkley-Rubinstein 7 management perspective. Social Work in Public Health, 30(3), 250-259. doi: 10.1080/19371918.2014.994724. Griffith, D.M., Brinkley-Rubinstein, L., Thorpe, R., Bruce, M. & Metzl, J.M. (2015). The interdependence of African American men’s definitions of manhood and health. Journal of Family & Community Health, 38(4), 284-296. doi: 10.1097/FCH.0000000000000079. Brinkley-Rubinstein, L., & Craven, K. (2014). HIV risk and stigma: A latent class analysis of perceptions among youth in post-apartheid South Africa. PLOSOne, 9(2), e89915. doi: 10.1371/journal.pone.0089915. Craven, K., McCormack, M. & Brinkley-Rubinstein, L. (2014). Navigating the margins: How a culturally responsive and relevant pedagogical framework can inform the creation of a positive developmental context for African American male youth. Journal of Interdisciplinary Studies in Education, 2(2), 61-80. Doykos, B., Brinkley-Rubinstein, L., Craven, K., McCormack, M. & Geller, J. (2014). Leveraging identity, gaining access: Explorations of self in diverse field-based research settings. Journal of Community Practice, 22(1-2), 130-149. McCormack, M.M., Brinkley-Rubinstein, L., & Craven, K. (2014). Leadership religiosity: A critical analysis of leadership within a juvenile justice community based organization. Journal of Leadership & Organization Development, 35(7), 622-636. Meinbresse, M., Brinkley-Rubinstein, L., Grassette, A., Benson, J., Hall, C., Hamilton, R., Malott, M. & Jenkins, D. (2014). Exploring the experiences of violence among individuals who are homeless using a consumer-led approach. Journal of Violence and Victimization, 29(1), 122-136. Brinkley-Rubinstein, L. (2013). Incarceration as a catalyst for worsening health. Health & Justice, 1(3), 1-17. doi: 10.1186/10.1186/2194-7899-1-3. Brinkley-Rubinstein, L., Chadwick, C., & Graci, M. (2013). The connection between serious life events, anti-retroviral adherence, and mental health among HIV-positive individuals in the Western Cape, South Africa. AIDS Care, 25(12), 1581-1585. doi:10.1080/09540121.2013.793270. Brinkley-Rubinstein, L., Craven, K.L., & McCormack, M.M. (2013) Shifting perceptions of race and incarceration as adolescents age: The importance of understanding the ways in which social environment informs racial identity. Journal of Child and Adolescent Social Work, 31(1), 25-38. doi: 10.1007/s10560013-0306-4. Brinkley-Rubinstein, L., & Turner, W.L. (2013). Health impact of incarceration on HIV positive African American males: A qualitative exploration. Journal of AIDS Patient Care and STDs, 27(8), 450458. doi: 10.1089/apc.2012.0457. Slobogin, C. & Brinkley-Rubinstein, L. (2013) Putting desert in its place. Stanford Law Review, 65(2), 1-52. Brinkley-Rubinstein 8 Brinkley-Rubinstein, L., & Cornett, M.B. (2011). Is Mandatory HIV testing a violation of prisoners’ rights? An examination of the existing prison testing policies. Health Law & Policy Forum, 3(1), 35-37. Books and Chapters Brinkley-Rubinstein, L. (2018). Prison populations: Epidemiology of HIV/AIDS. In T.J. Hope, M. Stevenson & D. Richman (Eds.), Encyclopedia of AIDS (pp.1175-1178). New York, NY: Springer. McCauley, E. & Brinkley-Rubinstein, L. (2017). Institutionalization and incarceration of LGBT individuals. In K. Eckstrand & J. Potter (Eds.) Trauma, resilience, and health promotion for LGBT patients, (pp.149-161). New York, NY: Springer. Barnes, S., Brinkley-Rubinstein, L., Doykos, B., Martin, N., & McGuire, A. (2015). Academics in action! A model for community-engaged research, teaching, and service. New York, NY: Fordham University Press. Barnes, S., Brinkley-Rubinstein, L., Doykos, B., Martin, N., & McGuire, A. (2015). Introduction. In S. Barnes, L. Brinkley-Rubinstein, B. Doykos & N. Martin (Eds.) Academics in action! A model for community-engaged research, teaching, and service, (pp.1-26). New York, NY: Fordham University Press. Brinkley-Rubinstein, L., Chatman, V., Lunn, L. Mann, A. & Heflinger, C.A. (2015). Putting Boyer’s four types of scholarship into practice: A community research and action perspective on public health. In S. Barnes, L. Brinkley-Rubinstein, B. Doykos & N. Martin (Eds.) Academics in action! A model for community-engaged research, teaching, and service, (pp.124-141). New York, NY: Fordham University Press. Brinkley-Rubinstein, L., & Mann, A. (2014). The complexity of culture: Culture’s impact on health disparities. In R. Gurung (Ed.), Multicultural approaches to health and wellness in America, (pp. 29-50). Westport, CT: Praeger. Brinkley-Rubinstein, L. (2014). Historical perspectives on race and the war on drugs and prolonged effects of racially biased laws and policies. In S. Bowman (Ed.), Color behind bars: Racism in the U.S. prison system (pp. 171-190). Santa Barbara, CA: ABC-CLIO. Brinkley-Rubinstein, L., & Turner, W.L. (2013). Creating healthier communities: Advancing from science to policy to practice. In K. Fitzpatrick (Ed.), Poverty and health: A crisis among America’s most vulnerable, (pp.241- 258). Westport, CT: Praeger. Commentaries Brinkley-Rubinstein, L. (2014). Drug users need treatment, not punishment, The Tennessean, 14A. Brinkley-Rubinstein, L. (2013). Three possible strategies for eliminating racial bias in the criminal justice system, The Tennessean, 16A. GRANTS Brinkley-Rubinstein 9 Active U01DA050442 (Brown University) 08/2019 – 07/2024 $11,457,579 National Institute of Drug Abuse Multiple Principal Investigator (15% of salary) Using Implementation Interventions and Peer Recovery Support to Improve Opioid Treatment Outcomes in Community Supervision We propose to conduct an implementation and outcome evaluation to improve medication assisted treatment uptake at sites in North Carolina, Rhode Island, and Pennsylvania. 08/2019 – 07/2024 (Yale University) $11,828,050 Site Principal Investigator and Co-Investigator (20% of salary) Transitions Clinic Network: Post Incarceration Treatment, Healthcare, and Social Support Study We propose to adapt the Transitions Clinic Network model to use community health workers to connect individuals leaving jails in New Haven, Durham, San Juan, the Bronx, and Milwaukee to communitybased medication assisted treatment. UG1DA050072-01 R01MD013573 (University of North Carolina, Chapel Hill) 09/2018 – 08/2023 $2,721,528 National Institute of Minority Health Disparities Principal Investigator (20% of salary) The Southern Pre-Exposure Prophylaxis (PrEP) Cohort Study: Longitudinal PrEP initiation and adherence among Parolees. In this study, we are conducting an observational PrEP cohort study among parolees in three Southern states: NC, KY, and FL. U54MD002329 11/2017 – 10/2022 $1,402,893 National Institute of Minority Health Disparities (University of Arkansas for Medical Sciences) Co-Investigator (20% of salary) Linking High-Risk Jail Detainees to HIV pre-exposure prophylaxis: Pre-Exposure Prophylaxis (PrEP)-LINK In this study, we are assessing the facilitators and barriers to PrEP uptake among high-risk jail detainees to optimize a future PrEP intervention. R01AI129731 (University of North Carolina, Chapel Hill) 07/2017 – 06/2021 $681,959 National Institute of Allergy and Infectious Disease Co-Investigator (7% of salary) Leveraging Big Data to understand and improve continuity of care among HIV positive jail Inmates In this study, we are developing a database combining jail and state HIV records, use the database to examine burden of known HIV in county jails, assess inmates’ use of HIV services before, during and Brinkley-Rubinstein 10 after incarceration, and identify inmate and facility factors associated with services before, during and after incarceration. R34MH114654 (Brown University) 07/2017 – 06/2020 $681,959 National Institute of Drug Abuse Co-Investigator (5% of salary) Linkage to Community-Based HIV Pre-Exposure Prophylaxis Care Among at Risk Women upon Release from Incarceration In this study, we will test a HIV prevention intervention among women at the Rhode Island Department of Corrections. Completed Robert Wood Johnson Foundation (University of North Carolina at Chapel Hill) 11/2018-11/2019 $149,245 Principal Investigator (no salary support) Focusing a special issue of the American Journal of Public Health on how incarceration exacerbates health disparities This grant funds a special issue of the American Journal of Public Health and pays for the coordination of the issue. R21DA043487-Supplement 10/2018 – 09/2019 $150,000 Co-Investigator (7% of salary) Adapting an Agent Based Model to Understand the Impact of Medication Assisted Treatment Accessibility during Prison and Jail on Overdose Outcomes in the Community In this study, we are using agent-based modeling to demonstrate the effect that access to medication assisted treatment while incarcerated has on overdose outcomes in the community post-release. Center for AIDS Research Supplement 09/2018 – 08/2019 $150,000 Co-Principal Investigator (15% of salary) PrEP-aring for Prison Release In this study, we are conducting qualitative research on how to adapt a community health worker intervention to aid in linkage to PrEP care after release from prison. R01MD010403 (Yale University) 09/2016 – 08/2019 $1,314,190 National Institute of Minority Health Disparities Co-Investigator (9.8% of salary) Building Resilient Neighborhoods and Positive Social Networks to Prevent Gun Violence We are applying a novel framework to mitigate the impact of gun violence in New Haven neighborhoods by defining gun violence as a chronic, manmade disaster, where prevention efforts can be planned and include the participation of neighborhood residents most impacted. R21DA043487 (Brown University) 08/2017 – 07/2019 Brinkley-Rubinstein 11 $476,602 National Institute of Drug Abuse Co-Investigator (10% of salary) Evaluating the implementation and impact of a novel medication assisted treatment program in a unified jail and prison system In this study, we are evaluating the implementation and impact of a comprehensive medication assisted treatment program at the Rhode Island Department of Corrections. The John and Laura Arnold Foundation (Brown University) 08/2017 – 07/2019 $296,234 Improving the Treatment of Opioid Use Disorders among People Transitioning through Correctional Settings Co-Investigator (10% of salary) In this study, are evaluating the post-release treatment follow-up of individuals who participate in the Rhode Island Department of Corrections comprehensive medication assisted treatment program. UNC Committee of Faculty Research and Scholarly Leaves $10,000 Principal Investigator (no salary support) Small Grant to supplement other research activities This is an internal UNC grant that will be used to pay for research assistance. 01/2018 – 01/2019 UNC Center for AIDS Research Developmental Award 01/2018 – 12/2018 Principal Investigator (no salary support) Exploring the use of pre-exposure prophylaxis among people who inject drugs in Durham County, North Carolina This project includes conducting qualitative interviews with people who inject drugs to explore HIV risk behaviors, drug use trajectory, and interest in pre-exposure prophylaxis. R25DA037190 (Brown University) National Institute of Drug Abuse 05/2015 – 05/2017 Trainee Criminal Justice Research Program on Substance Use and HIV This program provided mentoring to promote training in clinical research for new investigators in clinical research with a focus on HIV/AIDS, criminal justice, substance use, mental illness, global health and health disparities. R25DA035692 (University of California, Los Angeles) National Institute of Drug Abuse 05/2015 – 05/2017 Trainee HIV/AIDS, Substance Abuse and Trauma Training Program This program provided multi-disciplinary, state-of-the-art training to better equip postdoctoral fellows and early career investigators to submit and receive grant funding. T32DA013911 (Brown University) National Institute of Drug Abuse Trainee 05/2015 – 06/2016 Brinkley-Rubinstein 12 Training in HIV and Other Infectious Consequences of Substance Abuse This training program provided multi-disciplinary training in clinical research in the areas of prevention, diagnosis and treatment of HIV and other infectious aspects of substance abuse. INVITED PRESENTATIONS Brinkley-Rubinstein, L. (2019, October). Incarceration as a Social Determinant of Health. Invited talk at University of Buffalo, Buffalo, NY. Brinkley-Rubinstein, L. (2019, March). HIV infection among people who are incarcerated. Invited talk at the Southeast AIDS Education and Training Center coordinated by Vanderbilt University, Nashville, TN. Brinkley-Rubinstein, L. (2019, March). Barriers and facilitators to implementation of a medication assisted treatment program in a statewide unified correctional setting in Rhode Island. Invited talk at the Mental Health Seminar Series at Duke University, Durham, NC. Brinkley-Rubinstein, L. (2019, January). Fentanyl-contaminated heroin among communities of color. Invited talk at the Drug Policy Alliance, New York, NY. Brinkley-Rubinstein, L. (2018, October). Opioid use among incarcerated populations. Invited talk at St. Louis University, St. Louis, MO. Brinkley-Rubinstein, L. (2018, October). Initiating medication assisted treatment in incarcerated populations. Invited talk at the Vermont Center on Behavior and Health, Burlington, VT. Brinkley-Rubinstein, L. (2018, September). Understanding substance use, mental illness, and involvement in the criminal justice system: Theory, interventions, and opportunities. Invited talk at the AHEC, Raleigh, NC. Brinkley-Rubinstein, L. (2018, June). Introduction to the social determinants of health and health equity. Center for Health Equity Research Summer Training Program, University of North Carolina at Chapel Hill, Chapel Hill, NC. PEER-REVIEWED CONFERENCE PRESENTATIONS Brinkley-Rubinstein, L. (2019, March). Solitary Confinement is Associated with Increased Risk of Death. Presented at the Academic and Health Policy Conference on Correctional Health. Las Vegas, NV. Neher, T.L., Brinkley-Rubinstein, L., Marshall, S.A., Zielinski, M., & Zaller, N.D. (2018, November). HIV risk factors and PrEP knowledge of incarcerated women in a county jail. Presented at the meeting of the American Public Health Association, San Diego, CA. Macmadu, A., Brinkley-Rubinstein, L, & Rich, J. (2018, March). Fentanyl. Paper presented at the Academic and Health Policy Conference on Correctional Health. Houston, TX. Ashkin, E., Rosen, D., & Brinkley-Rubinstein, L. (2018, March). NC Re-missioning. Presented at the Brinkley-Rubinstein 13 Academic and Health Policy Conference on Correctional Health. Houston, TX. Zaller, N., Brinkley-Rubinstein, L., Cloud, D., & Peterson, M. (2018, March). The CJ continuum for opioid users at risk of overdose. Presented at the Academic and Health Policy Conference on Correctional Health. Houston, TX. Brinkley-Rubinstein, L. (2017, March). Exploring knowledge, interest, and barriers related to PrEP use among criminal justice involved men who have sex with men. Presented at the Academic and Health Policy Conference on Correctional Health. Atlanta, GA. Marshall, B.D.L., King, M., Macmadu, A., Brinkley-Rubinstein, L., Sanchez, J., Beckwith, C.G., Altice, F.L., & Rich, J.D. (2016, June). The effect of incarceration on HIV care continuum outcomes in the United States: An agent-based modeling approach. Presented at the Epidemiology Congress of the Americas, Miami, FL. Brinkley-Rubinstein, L. & Eckstrand, K. (2015, November). Exploring the health experiences of transgender individuals in a local jail. Presented at the American Public Health Association Annual Meeting, Chicago, Illinois. Brinkley-Rubinstein, L. (2015, March). Health and incarceration of HIV positive individuals. Presented at the Academic and Health Policy Conference on Correctional Health. Boston, Massachusetts. Brinkley-Rubinstein, L. (2014, November). Measuring the health impact of incarceration on the HIV positive individuals. Presented at the American Public Health Association Annual Meeting, New Orleans, Louisiana. Brinkley-Rubinstein, L., & Griffith, D. (2014, November). How do African American men define health and what implications do these definitions have for health practices? Presented at the American Public Health Association Annual Meeting, New Orleans, Louisiana. Brinkley-Rubinstein, L. (2014, October). The usefulness of mixed methods in assessing the health of formerly incarcerated individuals. Presented at the American Evaluation Association Annual Meeting, Denver, Colorado. Brinkley-Rubinstein, L. (2014, March). Measuring the health impact of incarceration on HIV positive individuals. Presented at the Academic and Health Policy Conference on Correctional Health, Houston, Texas. Griffith, D.M., Brinkley-Rubinstein, L., & Metzl, J. (2013, December). How do African American men define health and what implications do these definitions have for health practices? Presented at the meeting of International Congress on Men’s Health, Arlington, Virginia. Brinkley-Rubinstein, L. (2013, October). Dual identities of formerly incarcerated HIV positive individuals and the impact on health. Presented at the American Public Health Association Annual Meeting, Boston, Massachusetts. Brinkley-Rubinstein 14 Brinkley-Rubinstein, L. & Turner, W.L. (2013, August). Incarceration as an exacerbation of worsening health among African American HIV positive men. Presented at the Annual Meeting of the American Sociological Association, New York, New York. Brinkley-Rubinstein, L. (2013, March). Difficult pasts, uncertain futures: An exploration of the lived experiences of formerly incarcerated HIV positive African American males. Presented at the 5th Annual Health Disparities Conference at Teachers College, Columbia University, New York, New York. Brinkley-Rubinstein, L. & Turner, W.L. (2013, March). Understanding the compounding effect of stigma among formerly incarcerated HIV positive African Americans: A qualitative exploration. Presented at the 6th Academic and Health Policy Conference on Correctional Health, Chicago, Illinois. Brinkley-Rubinstein, L. & Mann, A. (2013, February). The complexity of culture: Using an intersectional and social ecological lens to examine the impact of culture on health disparities. Presented at the Cross Cultural Health Care Conference, Honolulu, Hawaii. Brinkley-Rubinstein, L. (2012, October) Incarceration as a catalyst for worsening health. Presented at the Annual Meeting of the American Public Health Association, San Francisco, CA. Meinbresse, M. & Brinkley-Rubinstein, L. (2012, September). Exploring the incidence of violence among high-risk homeless populations. Presented at the National Association for Community Health Centers Annual Conference. Orlando, FL. Craven, K., Geller, J., Doykos, B., O’Connor, B., Brinkley-Rubinstein, L. & Bess, K. (2012, February). Contextual barriers to collective action and community organizing in a high poverty, high crime neighborhood. Presented at the Annual Meeting of the Association of American Geographers, New York, NY. Brinkley-Rubinstein, L., Craven, K.L. & McCormack, M.M. (2011, November). Incarceration as exposure: An assessment of the efficacy of community organization to mediate involvement with the juvenile justice system. Presented at the International Conference on Urban Health, Belo Horizonte, Brazil. Brinkley-Rubinstein, L. (2011, August). The cascading effects of social capital: From parenting to mediating sexual behavior. Presented at the Society for the Study of Social Problems Annual Meeting. Las Vegas, NV. Brinkley-Rubinstein, L. (2011, July) Type of charge most often associated with HIV positive prisoners. Presented at the International AIDS Society Biannual Meeting. Rome, Italy. DiPietro, B. & Brinkley-Rubinstein, L. (2011, June). Show me the (UDS) Data: Difference between homeless & non-homeless health center patients. Presented at the National Health Care for the Homeless Conference & Policy Symposium. Washington, DC. Brinkley-Rubinstein, L. (2011, June). Investigating the premises of empirical desert. Presented at the Law and Society Annual Meeting. San Francisco, CA. Brinkley-Rubinstein 15 Brinkley-Rubinstein, L. (2011, May). Perceived barriers to successful reintegration after release from prison. Presented at the 7th Annual International Congress of Qualitative Inquiry. Champaign-Urbana, IL. Brinkley-Rubinstein, L., Rhodes, L., & O’Connor, B. (2011, April). Examining spatial distribution of incidence rates of sexually transmitted diseases and socio-economic measures. Presented at the American Association of Geographers Annual Meeting, Seattle, WA. Rhodes, J., & Brinkley-Rubinstein, L. (2010, October). Examining incidence rates of sexually transmitted infections and socio-economic measures: A cross-sectional study in Nashville/Davidson County, TN. Presented at the 9th Annual International Conference on Urban Health, New York City, NY. Brinkley-Rubinstein, L. (2010, July). Demographics and other characteristics associated with increased risk of incarceration and re-incarceration among HIV positive individuals. Presented at the International AIDS Conference, Vienna, Austria. Brinkley-Rubinstein, L., Rhodes, J., McKelvey, B., & Solivan, A. (2010, June) Demographics and characteristics associated with the incidence of HIV among youth. Presented at the NIMH Annual International Research Conference on the Role of Families in Preventing and Adapting to HIV/AIDS, Nashville, TN. Brinkley-Rubinstein, L. & Rhodes, J. (2010, March). Syphilis and HIV co-infection in Nashville/Davidson Co., Tennessee: A case for improving syphilis and STI testing among persons living with HIV. Presented at the 4th Annual Southeast Regional HIV/AIDS Conference sponsored by the Jefferson Comprehensive Care System, Inc., Little Rock, AR. Brinkley-Rubinstein, L., & Rhodes, J. (2010, March). Early Syphilis and HIV syndemic in Nashville/Davidson Co., Tennessee: Implications for improving syphilis screening for people living with and at risk for HIV. Presented at the National STD Prevention Conference, Atlanta, GA. TEACHING ACTIVITIES University of North Carolina, Chapel Hill, Chapel Hill, NC Instructor of Record, Fall 2018 • Taught Social and Health Systems III to 16 second year medical students. This class focused on incarceration and health and covered the following subtopics: women and incarceration, substance use, HIV/AIDS, post-release healthcare access issues, how incarceration affects known social determinants of health (housing, employment, etc.), and healthcare delivery in correctional settings. University of North Carolina, Chapel Hill, Chapel Hill, NC Instructor of Record, Fall and Spring, 2017, 2018 • Taught Social and Health Systems I & II to 15 first year medical students • Lectures given encompassed topics such as: influence of race, culture, gender, and sex on health outcomes and health disparities; health reform; bioethics; and health policy as clinically relevant for medical professionals. Brinkley-Rubinstein 16 Brown University, School of Public Health, Providence, RI Co-Instructor of Record, Spring, 2016 • Taught the Tri-Lab: Designing better education for prisoner and community health • Gave lectures related to race and incarceration, community-based participatory research methods, and the impact of incarceration on health • Mentored student groups who were designing education interventions to improve prisoner health. Group topics included: Hepatitis C, PrEP, navigating the healthcare system post-release, and PTSD Vanderbilt University, Department of Human and Organizational Development, Nashville, TN Co-Instructor of Record, Spring, 2015 • Taught HOD 3600: Ethnography • Gave lectures related to field work, data analysis, ethnographic methods • Mentored students to develop ethnographic research projects and research proposals HONORS AND AWARDS 2014- 2016 Recipient, Langeloth Scholarship for the Academic and Health Policy Conference on Correctional Health 2015 Participant, SBSRN Mentor Day 2015 Winner, Newbrough Award for best scholarly work in the Department of Human and Organizational Development at Vanderbilt University 2013-2014 Winner, Society for Community, Research & Action Southeast region graduate student of the year 2012-2014 Recipient, Peabody College Honor Scholarship 2010-2014 Recipient, Peabody College tuition and stipend award 2014 Recipient, of a Vanderbilt Graduate School dissertation enhancement grant 2013 Recipient, Social Justice Institute Training for Mass Incarceration Scholarship 2012-2013 Nominated, Vanderbilt University Teaching Award PROFESSIONAL SERVICE Associate Editorial Board: BMC Public Health, 2017-Present; BMC Infectious Diseases 2018-Present Editorial Board: Health & Justice 2016-Present Peer Reviewer 2018-2019: PLOSone, Journal of Healthcare for the Poor and Underserved, SAHARA-J: Journal of Social Aspects of HIV/AIDS, AIDS Care, HIV/AIDS and Social Services, Health & Justice, Drug and Alcohol Dependence, Addictive Behaviors, Preventive Medicine, American Journal of Public Brinkley-Rubinstein 17 Health, American Journal of Preventive Medicine, Annals of Internal Medicine, AIDS & Behavior, American Journal of Public Health Local Host Committee: Academic and Health Policy Conference on Correctional Health 2020 annual meeting Executive Steering Committee Member: Justice, Substance Use, HIV/AIDS Involved Populations InterCFAR working group DSMB Member: Integrated Treatment Adherence Program for Bipolar Disorder at the Time of Prison Release (R34MH117198; PI: Weinstock, Lauren) DSMB Member: Kentucky Communities and Researchers Engaging to Halt the Opioid Epidemic (CARE2HOPE) (UH3DA44798; PIs: Young, April & Cooper, Hannah) PROFESSIONAL AFFILIATIONS American Public Health Association International Association of Urban Health International AIDS Society Society for Community Research and Action Academic Consortium on Criminal Justice and Health Brinkley-Rubinstein 18 EXHIBIT C BIOGRAPHICAL SKETCH NAME Gavin Mark Yamey POSITION TITLE Director, Center for Policy Impact in Global Health, Duke Global Health Institute (DGHI); Associate Director for Policy, DGHI; Professor of the Practice of Global Health & Public Policy, Duke University. EDUCATION/TRAINING INSTITUTION AND LOCATION Oxford University University College London Royal College of Physicians UK Oxford University London School of Hygiene & Tropical Medicine DEGREE (if applicable) BA MB BS MRCP MA (honorary) MSc. MM/YY 06/90 06/94 06/97 06/07 09/10 FIELD OF STUDY Physiological Sciences Medicine Internal Medicine Physiological Sciences Public Health A. Personal Statement I am a Professor of the Practice of Global Health at DGHI, the Associate Director for Policy in DGHI, and Director of the DGHI Center for Policy Impact in Global Health. I am also a Professor of the Practice of Public Policy at the Duke Sanford School of Public Policy. In my prior position as an Assistant Professor of Epidemiology & Biostatistics in the Global Health Group at the University of California, San Francisco, I was co-PI on a $2.7 million grant from the Gates Foundation that funded the Evidence to Policy initiative, which I directed. I have 191 publications in peer-reviewed journals indexed in PubMed. I have also served as an external consultant to the World Health Organization and the Special Programme for Research and Training in Tropical Diseases (TDR), and provided policy advice to multiple bilateral and multilateral donors. As a physician and a global public health and policy researcher, I have had the privilege of serving on several international health commissions, including the Lancet Commission on Investing in Health, the Lancet Commission on Global Surgery, and the Lancet Commission on Tuberculosis. I have successfully collaborated with researchers internationally in multiple disciplines and have significant experience serving as a research mentor to dozens of students and junior faculty. B. Principal Positions Held Present Director, Center for Policy Impact in Global Health, Duke Global Health Institute (DGHI); Associate Director for Policy, DGHI; Professor of the Practice of Global Health and Public Policy, DGHI and the Sanford School of Public Policy 2010-2015 Lead, Evidence-to-Policy Initiative (E2Pi), The Global Health Group, Global Health Sciences, University of California, San Francisco (UCSF); Associate Professor, Epidemiology & Biostatistics; Course Director for Global Health Policy, Masters in Global Health, UCSF; Course Director for Health Policy, Process and Power, Masters in Public Health, London School of Hygiene & Tropical Medicine 2004-2010 Senior Editor, PLoS Medicine & Editorial Consultant, PLoS Neglected Tropical Diseases, Public Library of Science (PLoS) 2002-2004 Assistant Editor, BMJ (British Medical Journal) and Deputy Physician Editor, Best Treatments 2000-2002 Deputy Editor, Western Journal of Medicine (co-owned by BMJ Publishing Group and University of California) 1999-2000 Editorial Registrar (a fellowship in medical journalism and editing), BMJ 1994-1999 Clinical appointments (internal medicine, London, UK) C. Selected Peer-reviewed Publications 1. Yamey, G. WHO in 2002: Have the latest reforms reversed WHO's decline? BMJ 2002;325:1107-1112. 2. Yamey G. WHO in 2002: WHO's management: struggling to transform a "fossilised bureaucracy." BMJ 2002;325:1170-1173. 3. Yamey G . WHO in 2002: Faltering steps towards partnerships. BMJ 2002;325:1236-1240. 2 4. Yamey G. WHO in 2002: Why does the world still need WHO? BMJ 2002;325:1294-1298. 5. Yamey G. WHO in 2002: Interview with Gro Brundtland. BMJ 2002;325:1355. 6. Yamey G, Greenwood R. Religious views of the 'medical' rehabilitation model: a pilot qualitative study. Disabil Rehabil. 2004;26(8):455-62. 7. Yamey G. Excluding the poor from accessing the biomedical literature: a rights violation that impedes global health. Health Hum Rights 2008;10(1):21-42. At: http://bit.ly/1I2jgSE. This paper was selected for inclusion in Faculty of 1000 Medicine (http://f1000.com/), as an outstanding paper (rating: "1, recommended"); see http://f1000.com/prime/4082956 8. 10. Schäferhoff M, Schrade C, Yamey G. Financing maternal and child health-what are the limitations in estimating donor flows and resource needs? PLoS Med 2010;7(7):e1000305. 9. Feachem R, Yamey G, Schrade C. A moment of truth for global health. BMJ 2010;340:1316-1317. 10. Schäferhoff M, Schrade C, Yamey G. Financing the child and maternal health goals (peer-reviewed book chapter). Commonwealth Finance Ministers Reference Book 2010 (www.commonwealthministers.com/publications/commonwealth_ministers_reference_book_2010/). Pages 53-56. 11. Schäferhoff M, Yamey G. Estimating benchmarks of success in the Affordable Medicines Facility-malaria Phase 1. Peer reviewed by nine external peer reviewers and published by the Global Fund to Fight AIDS, Tuberculosis and Malaria (www.theglobalfund.org/documents/amfm/E2PI_EstimatingBenchmarksInAMFm_Report_en.pdf 12. Montagu D, Yamey G, Visconti A, Harding A, Yoong J. Where do poor women give birth? A multi-country analysis of Demographic and Health survey data. PLoS ONE 2011;6(2): e17155. 13. Yamey G. Scaling up global health interventions: a proposed framework for success. PLoS Med 2011;8(6):e1001049. 14. Yamey G, Feachem R. Evidence-based policymaking in global health-the payoffs and pitfalls. Evidence Based Medicine,2011;16(4):97-99. 15. Montagu D, Yamey G. Pay-for-performance and the Millennium Development Goals. Lancet 2011;377:13831385. 16. Sabot O, Schroder K, Yamey G, Montagu D. Scaling up oral rehydration salts and zinc for the treatment of diarrhoea. BMJ 2012;344:e940. 17. Yamey G, Schäferhoff M, Montagu D. Piloting the Affordable Medicines Facility - malaria: what will "success" look like? Bulletin of the WHO; 2012;90:452-460. 18. Cohen JM, Smith DL, Cotter C, Ward A, Yamey G, Sabot OJ, Moonen B. Malaria resurgence: a systematic review and assessment of its causes. Malaria Journal 2012;24;11:122. 19. Yamey G. What are the barriers to scaling up health interventions in low and middle income countries? A qualitative study of academic leaders in implementation science. Globalization and Health 2012;8:11 20. Opiyo N, Yamey G, Garner P. Subsidising artemisinin-based combination therapies supplied to the private sector: impact on use, availability, price and market share (Protocol). Cochrane Database of Systematic Reviews 2012, Issue 6. Art. No.: CD009926. DOI: 10.1002/14651858.CD009926. 21. Rosinski AA, Narine S, Yamey G. Developing a scorecard to assess global progress in scaling up diarrhea control tools: a qualitative study of academic leaders and implementers. PLoS ONE 2013;8(7):e67320. 22. Singhrao R, Huchko M, Yamey G. Reproductive and maternal health in the post-2015 era: cervical cancer must be a priority. PLoS Med 2013;10(8):e1001499. 23. Jamison DT, Summers LH, Alleyne G, Arrow KJ, Berkley S, Binagwaho A, Bustreo F, Evans D, Feachem RG, Frenk J, Ghosh G, Goldie SJ, Guo Y, Gupta S, Horton R, Kruk ME, Mahmoud A, Mohohlo LK, Ncube M, PablosMendez A, Reddy KS, Saxenian H, Soucat A, Ulltveit-Moe KH, Yamey G. Global health 2035: a world converging within a generation. Lancet 2013;382:1898-955 24. Norheim OF, Jha P, Admasu K, Godal T, Hum RJ, Kruk ME, Gómez-Dantés O, Mathers CD, Pan H, Sepúlveda J, Suraweera W, Verguet S, Woldemariam AT, Yamey G, Jamison DT, Peto R. Avoiding 40% of the premature deaths in each country, 2010-30: review of the national mortality trends to help quantify the UN Sustainable Development Goal for health. Lancet 2014 Sep 18. pii: S0140-6736(14)61591-9. 25. Verguet S, Norheim OF, Olson ZD, Yamey G, Jamison DT. Annual rates of decline in child, maternal, HIV, and tuberculosis mortality across 109 countries of low and middle income from 1990 to 2013: an assessment of the feasibility of post-2015 goals. Lancet Glob Health;2(12):e698-709. 26. Powell R, Mwangi-Powell FN, Radbruch L, Yamey G, et al. Putting palliative care on the global health agenda. Lancet Oncology 2015 Feb;16(2):131-3. 27. Meara JG, Leather AJ, Hagander L, Alkire BC, Alonso N, Ameh EA, Bickler SW, Conteh L, Dare AJ, Davies J, Mérisier ED, El-Halabi S, Farmer PE, Gawande A, Gillies R, Greenberg SL, Grimes CE, Gruen RL, Ismail EA, Kamara TB, Lavy C, Lundeg G, Mkandawire NC, Raykar NP, Riesel JN, Rodas E, Rose J, Roy N, Shrime MG, Sullivan R, Verguet S, Watters D, Weiser TG, Wilson IH, Yamey G, Yip W. Global Surgery 2030: evidence and solutions for achieving health, welfare, and economic development. Lancet 2015 Apr 21. pii: S01406736(15)60160-X 3 28. Dieleman JL, Yamey G, Johnson EK, Graves CM, Haakenstad A, Meara JG. Tracking global expenditures on surgery: gaps in knowledge hinder progress. Lancet Glob Health. 2015 Apr 27;3 Suppl 2:S2-4. 29. Verguet S, Alkire BC, Bickler SW, Lauer JA, Uribe-Leitz T, Molina G, Weiser TG, Yamey G, Shrime MG. Timing and cost of scaling up surgical services in low-income and middle-income countries from 2012 to 2030: a modelling study. Lancet Glob Health. 2015 Apr 27;3 Suppl 2:S28-37. 30. Schäferhoff M, Fewer S, Kraus J, Richter E, Summers LH, Sundewall J, Yamey G, Dean T Jamison. How much donor financing for health is channelled to global versus country-specific aid functions? Lancet, July 13, 2015. http://dx.doi.org/10.1016/ 31. Munshi V, Yamey G, Verguet S.Trends In State-Level Child Mortality, Maternal Mortality, And Fertility Rates In India. Health Aff (Millwood). 2016 Oct 1;35(10):1759-1763. 32. Gutnik L, Yamey G, Riviello R, Meara JG, Dare AJ, Shrime MG. Financial contributions to global surgery: an analysis of 160 international charitable organizations. Springerplus. 2016 Sep 13;5(1):1558. doi: 10.1186/s40064016-3046-z. 33. Kruk ME, Kujawski S, Moyer CA, Adanu RM, Afsana K, Cohen J, Glassman A, Labrique A, Reddy KS, Yamey G. Next generation maternal health: external shocks and health-system innovations. Lancet. 2016 Nov 5;388(10057):2296-2306. doi: 10.1016/S0140-6736(16)31395-2. 34. González-Pier E, Barraza-Lloréns M, Beyeler N, Jamison D, Knaul F, Lozano R, Yamey G, Sepúlveda J. Mexico's path towards the Sustainable Development Goal for health: an assessment of the feasibility of reducing premature mortality by 40% by 2030. Lancet Glob Health. 2016 Oct;4(10):e714-25. doi: 10.1016/S2214109X(16)30181-4. 35. Japan Global Health Working Group. Protecting human security: proposals for the G7 Ise-Shima Summit in Japan. Lancet. 2016 May 21;387(10033):2155-62. doi: 10.1016/S0140-6736(16)30177-5. 36. Dare AJ, Lee KC, Bleicher J, Elobu AE, Kamara TB, Liko O, Luboga S, Danlop A, Kune G, Hagander L, Leather AJ, Yamey G. Prioritizing Surgical Care on National Health Agendas: A Qualitative Case Study of Papua New Guinea, Uganda, and Sierra Leone. PLoS Med. 2016 May 17;13(5):e1002023. doi: 10.1371/journal.pmed.1002023. 37. Yamey G, Horváth H, Schmidt L, Myers J, Brindis CD. Reducing the global burden of Preterm Birth through knowledge transfer and exchange: a research agenda for engaging effectively with policymakers. Reprod Health. 2016 Mar 18;13:26. doi: 10.1186/s12978-016-0146-8. 38. Kruk ME, Yamey G, Angell SY, Beith A, Cotlear D, Guanais F, Jacobs L, Saxenian H, Victora C, Goosby E. Transforming Global Health by Improving the Science of Scale-Up. PLoS Biol. 2016 Mar 2;14(3):e1002360. doi: 10.1371/journal.pbio.1002360. 39. Yamey G, Morel C. Investing in Health Innovation: A Cornerstone to Achieving Global Health Convergence. PLoS Biol. 2016 Mar 2;14(3):e1002389. doi: 10.1371/journal.pbio.1002389. 40. Participants at the Bellagio Workshop on Implementing Pro-Poor Universal Health Coverage: Bump J, Cashin C, Chalkidou K, Evans D, González-Pier E, Guo Y, Holtz J, Htay DT, Levin C, Marten R, Mensah S, Pablos-Méndez A, Rannan-Eliya R, Sabignoso M, Saxenian H, Feachem NS, Soucat A, Tangcharoensathien V, Wang H, Woldemariam AT, Yamey G. Implementing pro-poor universal health coverage. Lancet Glob Health. 2016 Jan;4(1):e14-6. doi: 10.1016/S2214-109X(15)00274-0. No abstract available. 41. Yamey G, et al. Financing of international collective action for epidemic and pandemic preparedness. Lancet Glob Health. 2017 May 18. pii: S2214-109X(17)30203-6. doi: 10.1016/S2214-109X(17)30203-6. 42. Horvath H, Brindis CD, Reyes EM, Yamey G, Franck L; Knowledge Transfer and Exchange (KTE) Working Group. Preterm birth: the role of knowledge transfer and exchange. Health Res Policy Syst. 2017 Sep 6;15(1):78. 43. Yamey G, Summers LH, Jamison DT, Brinton J. How to convene an international health or development commission: ten steps. Health Policy Plan. 2018; 33(3):429-435. 44. Schar DL, Yamey GM, Machalaba CC, Karesh WB. A framework for stimulating economic investments to prevent emerging diseases. Bull World Health Organ. 2018; 96(2):138-140 45. McArthur JW, Rasmussen K, Yamey G. How many lives are at stake? Assessing 2030 sustainable development goal trajectories for maternal and child health. BMJ 2018; 360:k373 46. Yamey G, Batson A, Kilmarx PH, Yotebieng M. Funding innovation in neglected diseases. BMJ 2018; 360:k1182. 47. Yang X, Tang S, Yamey G, Qian X. Strengthening maternal and child health in China: lessons from transforming policy proposals into action. Biosci Trends. 2018 2018 May 13;12(2):211-214 48. Yamey G, Schäferhoff M, Kennedy K. Improving tracking of aid for women's, children's, and adolescents' health. Lancet Glob Health. 2018 Aug;6(8):e814-e815 49. Terry RF, Yamey G, Miyazaki-Krause R, Gunn A, Reeder JC. Funding global health product R&D: the PortfolioTo-Impact Model (P2I), a new tool for modelling the impact of different research portfolios. Version 2. Gates Open Res. 2018 Jul 19 [revised 2018 Jan 1];2:24. doi: 10.12688/gatesopenres.12816.2. eCollection 2018. 50. Yamey G, Jamison D, Hanssen O, Soucat A. Financing Global Common Goods for Health: When the World is a Country. Health Syst Reform. 2019;5(4):334-349. 4 51. Yamey G, Schäferhoff M, Hatchett R, Pate M, Zhao F, McDade KK. Ensuring global access to COVID-19 vaccines. Lancet 2020 Mar 31. pii: S0140-6736(20)30763-7 D. Research Support CURRENT 11/1/2018 – 10/31/2020 OPP1199624 (Principal Investigator) Bill & Melinda Gates Foundation $1,577,647 Driving Health Progress during Disease, Demographic, Domestic Finance and Donor Transitions (the “4Ds”): Policy Analysis and Engagement with Six Transitioning Countries OPP1151682 (Principal Investigator) 30/10/2016 - 29/10/2018 Bill & Melinda Gates Foundation $1,999,201 The Center for Policy Impact in Global Health: A New Policy Lab Designing Innovative Policy Solutions to Close Global Health Financing Gaps PAST OPPGH4830/UCSF Award A124347 (Principal Investigator) 11/01/2014 - 12/31/2015 Bill & Melinda Gates Foundation $1,277,789 direct/yr 1 Commission on Investing in Health (CIH) Phase 3: Leveraging Global Health 2035 to Shape the SDGs and the Health Investments of Donor-, Low- and MiddleIncome Countries $1,368,205 total direct OPPGH4830/UCSF Award A113448 (Co-Investigator) 11/01/2009 - 10/31/2014 Bill & Melinda Gates Foundation $1,680,471 direct/yr1 Core financing to the E2Pi project. The goal of this ongoing project is to develop and synthesize evidence to inform global health policy and decision-making OPP1106213/UCSF Award A123077 (PI) $2,705,513 total direct 03/01/2014 - 09/30/2014 Bill & Melinda Gates Foundation $295,454 direct/yr1 Commission on Investing in Health (CIH) Phase 2: Leveraging the Convergence Indicators to Shape the Post-2015 Development Goals A123102 (PI) $295,454 total direct 03/17/2014 - 12/31/2014 Swedish Expert Group for Aid Studies $12,811 direct/yr1 The Future Role of Swedish Health Aid $12,811 total direct A120829 (PI) 10/01/2012 - 02/28/2014 Center for Disease Dynamics, Economics and Policy (Prime funder: Bill & Melinda Gates Foundation) $21,794 directs/Yr 1 5 Lancet Commission on "Investing in Health: World Bank World Development Report 1993 @ 20 Years" A122550 (PI) $302,945 total direct 07/01/2013 - 11/30/2013 SEEK Development (Prime Funder: Global Fund to Fight AIDS, Tuberculosis and Malaria) Quantitative estimation of the Global Fund’s contribution to MDGs 4 & 5 P0054012 (PI) $12,072 direct/yr1 $12,072 total direct 03/19/2012 - 12/31/2012 SEEK Development Prime: World Health Organization/UNITAID $9,350 direct/yr1 Independent 5-Year Evaluation of UNITAID $9,350 total direct A119267 (PI) 02/06/2012 - 05/31/2012 Bill & Melinda Gates Foundation $153,655 direct/yr 1 Establishing Service Delivery Unit Cost Benchmarks for Antiretrovirals, DOTS, and Bed Nets to Inform Payment Rates by the Global Fund $153,655 total direct A118651 (PI) 07/12/2011 - 09/30/2011 Contractor: SEEK Development Prime: WHO/Partnership for Maternal, Newborn and Child Health Options for Improving Maternal, Newborn and Child Health through Strengthening the Global Aid Architecture A116241 (PI) $79,164 direct/yr1 $79,164 total direct 11/01/2010 - 08/31/2011 Clinton Health Access Initiative $276,875 direct/yr1 Securing Sustained Financing for Successful Malaria Control: Building the Evidence Base and Supporting Practical Country Solutions A115807 (PI) $276,875 total direct 05/26/2010 - 12/31/2010 Global Fund to Fight AIDS, Tuberculosis & Malaria $51,903 direct/yr1 Review of Experience to Identify How to Assess Success of the Affordable Medicines Facility-malaria (AMFm) Phase 1 N/A (Investigator) $51,903 total direct 01/01/2009 - 12/31/2009 Kaiser Family Foundation $8,000 total An Investigation of Large Scale Implementation of Evidence-Based Tools in East Africa: Sudan, Kenya, Uganda (Investigative Journalism Fellowship) 39544 (PI) 03/02/2006 - 03/01/2010 Bill & Melinda Gates Foundation $1,092,194 total Grant to launch PLoS Neglected Tropical Diseases (www.plos.ntds.org) 6 EXHIBIT D MIKE DOLAN FLISS UNC / DPH Public Health Epidemiologist Experienced local / state public health informatics & epidemiology collaborator. 919.699.5591 mike.dolan.fliss@gmail.com goo.gl/rFcoJA web http://epimike.web.unc.edu/ Experienced public health epidemiologist & informatician on impactful local and state level projects. Background in computer science, program evaluation, data visualization, social work, & management. Technical: Causal inference, statistics, data analysis, data science, machine learning, spatial analysis, data visualization / grammar of graphics, website building, prediction, classification, cluster detection, database design, workflow automation & reporting, text mining, EHR implementation, KPIs. Familiar w/ over a dozen statistical languages & programming tools: Expert: R, QGIS, Tableau. Proficient: SQL, SAS, HT/XML, CSS, ArcGIS, JavaScript, LaTeX, VBA. Novice: Python, D3, Orange, WEKA, Data Miner, Perl. Management: Program evaluation. Group facilitation. Budgeting & accounting. Supervision & volunteer mgmt. Personal organization (GTD). Anti-oppression-based organization development. Public speaking. EDUCATION PhD Epidemiology: University of North Carolina MPS Biomedical and Health Informatics: University of North Carolina MSW Community, Management & Policy Social Work: University of North Carolina 2019 2018 2009 Certificate in Nonprofit Executive Leadership: University of North Carolina Certificate in Nonprofit Management: Duke University Certificate in Nonprofit Leadership & Diversity Training: Public Allies, Durham, NC 2009 2009 2004 BS/BA Computer Science & Philosophy (Dual): Duke University. Minor: Religion 2003 MISSION To support state and local health departments to collect, integrate, analyze, and visualize health indicators to drive surveillance, programs, and policy interventions for healthier communities and reduced disparities. • • My tools to do this are strategic, practice-focused research projects; informatics infrastructure improvements; and community collaborations. These activities move dollars to public health focus areas; increase citizen and decision-maker public health data fluency; reduce racial-ethnic, rural-urban, and socio-economic position disparities; drive high quality interventions; and ultimately, create healthier, longer lived, happier communities. Mike Dolan Fliss mike.dolan.fliss@gmail.com 919.699.5591 PROFESSIONAL EXPERIENCE UNC Injury Prevention Research Center (IPRC), Raleigh, NC 2018-present Research scientist. Projects including child maltreatment, multi-state data sharing, death by law enforcement, rapid overdose, space-time clustering. NC Division of Public Health / Injury Epidemiology Unit, Raleigh, NC 2015-present Informatics / data viz consulting on multiple projects in unit. Building dashboards, designing automation, ad-hoc mapping and analysis projects. Overdose epidemic, alcohol outlet density, violent death. Orange County Health Department, Hillsborough, NC 2012-2015 Public Health Informatics Manager: Integrate & analyze multiple internal (clinic) and partner (i.e. hospitals, schools, vital records) data-sources to track and improve county population health outcomes. Community health assessments, billing QA/QI, poverty indices, EMRs, data dashboards. Consulting, Chapel Hill, NC 2006-2012 Self-employed: epidemiology & informatics consulting for public health / nonprofit / social justice groups. Examples: Research with national tobacco control & NC foster care nonprofits; Built social work eldercare database for SAS; websites for environmental initiatives, NC Pride LGBT festival. Stone Circles, Mebane, NC 2008-2010 Created individual donor plan; built program and donor databases; strengthened volunteer program. North Carolina School of Science and Math, Durham, NC 2005-2007 Directed service requirement, 30,000 hours of service a year. Set all-time hall community activity record. H & R Block, Hillsborough, NC 2005 Professionally prepared tax returns; gave free public seminars on low-income tax basics. Durham Nativity School, Durham, NC 2003-2004 Coordinated 1000+ service hours. Taught history of sexism, religions on anger; gender/race pay-gap. Family Services Camp Kindred Lead Counselor, Burlington, NJ 2003-2004 Supervised 4 counselors at summer foster-care system camp; facilitated activities, staff schedules. Hogares del Valle, Inc., Albuquerque, NM 2002 Facilitated youth groups at residential treatment center; full-time internship awarded by Duke. Duke University Engineering Teaching Assistant 2001-2002 Evaluated novel internet technologies (e.g. Adobe FLASH) and designed course assignments. Lockheed Martin, Inc., Moorestown, NJ 1998-2000 Created advanced database w/ automated report generation, Pearl CGI; US gov’t Secret clearance. MEMBERSHIPS Council of State and Territorial Epidemiologists (CSTE) American Public Health Association (APHA) National Academy of Social Workers (NASW) TEACHING ACTIVITIES UNC EPID 799C: R for Epidemiologists Lead Instructor Lead instructor for annual, full-credit class on epidemiology analysis in R (Fall 2016 to present). Mike Dolan Fliss mike.dolan.fliss@gmail.com 919.699.5591 PEER-REVIEWED PUBLICATIONS • • • • • • Young A, Fliss MD, Ising A. Improving Local Non-Communicable Disease Surveillance within a Changing Data Environment. Online Journal of Public Health Informatics. 2015;7(1). doi:10.5210/ojphi.v7i1.5845 Shanahan ME, Fliss MD, Proescholdbell SK. Child Maltreatment Surveillance Improvement Opportunities: A Wake County, North Carolina Pilot Project. North Carolina Medical Journal. 2018;79(2):88-93. doi:10.18043/ncm.79.2.88 Ward JB, Gartner DR, Keyes KM, Fliss MD, McClure ES, Robinson WR. How do we assess a racial disparity in health? Distribution, interaction, and interpretation in epidemiological studies. Annals of Epidemiology. 2019;29:1-7. doi:10.1016/j.annepidem.2018.09.007 Fliss MD, Baumgartner F, Delamater P, Marshall S, Poole C, Robinson W. Re-prioritizing traffic stops to reduce motor vehicle crash outcomes and racial disparities. Inj Epidemiol. 2020;7(1):3. doi:10.1186/s40621-019-0227-6 Fliss M, Cox MB, Proescholdbell S., Simon M., Wallace J. Methods for measuring alcohol retail environment exposure, clusters, and disparities in Durham, North Carolina. (North Carolina Medical Journal. Under Review.) Fliss M, Gartner D, McClure L, Rennie S, Ward J. Public Health, Private Names: Prevalence and ethical considerations of branding schools of public health. (Target: Critical Public Health. Accepted, Final typesetting.) PAPERS IN PROGRESS • • • • • • • • Fliss M. Residential-based rates underestimate racial disparities in police traffic stops. (Target: American Journal of Public Health / Journal of Quantitative Criminology. Estimated submission: Summer 2019.) Fliss M, Shanahan M E, Waller A, Proescholdbell S. Spatial disparities in emergency department underutilization of child maltreatment diagnosis codes. (Target: Online Journal of Public Health Informatics.) Fliss M, Caves J, Geary S, Proescholdbell S. Community-based surveillance vs. violent death reporting system surveillance differences in death by legal intervention. (Target: American Journal of Public Health.) Fliss M, Cox MB, Proescholdbell S., Simon M., Wallace J. Historical redlining and the association with present-day alcohol retailer density. (Target: Preventing Chronic Disease.) Fliss M, Chen F, Pulimood N, Wang J, Myers A. Open data for ascertainment and categorization of tobacco retailers: web scraping, machine learning, and human mTurk validation. (Target: Tobacco Control.) Albertson E, Farquhar S, Chen r, Matheson A, Ursua M, Fliss, M. Impact of Public Housing Redevelopment on Reported and Perceived Crime in a Seattle Neighborhood. (Target: Urban Affairs Review. Submitted.) Fliss M, Quist, A, Johnston J, Christenson E. Racial-ethnic and income disparities in multiple exposure to concentrated animal feeding operations. (Target: American Journal of Public Health.) Fliss M, Quist, A. Flood risk to multiple environmental hazards in North Carolina. (Target: American Journal of Public Health.) CONFERENCE PRESENTATIONS & COMMITTEE WORK Council of State & Territorial Epidemiologists: Alcohol Outlet Density Disparities NC Opioid Summit: From data to local action using dashboards State Health Director’s Conference: Local Public Health Informatics NACCHO webinar: Local Initiatives to Address Social Determinants of Health NC DHHS Epidemiology & Evaluation Team: Modern Informatics Tools 2019 2019 2015 2015 2014 EXHIBIT E SHABBAR I. RANAPURWALA, PhD, MPH, BHMS 1110 Willow Drive Chapel Hill, NC 27517 Phone: 919-843-3529 Email: sirana@email.unc.edu EDUCATION 2014 PhD, Epidemiology University of North Carolina, Chapel Hill, NC, USA 2009 MPH, Environmental Health Western Kentucky University, Bowling Green, KY, USA 2004 BHMS (Bachelor of Homoeopathic Medicine and Surgery), Maharashtra University of Health Sciences, Nashik, India PROFESSIONAL EXPERIENCE 10/2016 – present Research Assistant Professor, Department of Epidemiology, and Core Faculty Member, Injury Prevention Research Center, University of North Carolina at Chapel Hill, NC. 11/2016 – present Adjunct Assistant Professor, Epidemiology, University of Iowa, Iowa City, IA. 06/2014 – 09/2016 Postdoctoral Research Scholar, Injury Prevention Research Center, College of Public Health, University of Iowa, Iowa City, IA. 09/2010 – 05/2014 Graduate Research Trainee, Divers Alert Network (DAN), Durham, NC. 06/2010 – 08/2010 Data Analyst, North Carolina Institute for Public Health, University of North Carolina, Chapel Hill, NC. 8/2009 – 05/ 2009 Instructor, Department of Liberal Arts and Science, Western Kentucky University Community College, Bowling Green, KY 02/2008 – 05/2009 Graduate Research Assistant, Department of Public Health, Western Kentucky University, Bowling Green, KY. 02/2009 – 05/2009 Intern, Kentucky Department of Environmental Protection, Division of Water, Bowling Green, KY. 12/2008 – 01/2009 Environmental Health Intern, International Health and Human Service Learning Program – Belize 2009, CHHS, Western Kentucky University in Gales Point, Belize. 01/2007 – 08/2007 Resident Medical Officer, Dharmadhikari Hospital, Nagpur, India. 11/2005 – 01/2007 Senior Resident Medical Officer, KRIMS Hospital, Nagpur, India. 01/2005 – 12/2005 Resident Intern, Nagpur College of Homoeopathy & Hospital, Nagpur, India. AWARDS AND HONORS 2016 Clinical Trials, Statistical, and Data Management Center Poster Award for the poster: Predictors of injury in a farm vehicle crash: modifiable and non-modifiable factors. College of Public Health Research Week, University of Iowa, Iowa City, IA 2016 Rural Policy Research Institute Poster Award for the poster: Predictors of injury in a farm vehicle crash: modifiable and non-modifiable factors. College of Public Health Research Week, University of Iowa, Iowa City, IA 2015 Collegiate Poster Award for the poster entitled: To report or not to report? Effect on Crime Victimization. College of Public Health Research Week, University of Iowa, Iowa City, IA 2014 Delta Omega Theta Chapter Service Award for service and leadership, Gilling’s School of Global Public Health, University of North Carolina, Chapel Hill, NC 2013 Robert Verhalen endowed scholarship for Injury Prevention and Trauma Management, Gilling’s School of Global Public Health, University of North Carolina, Chapel Hill, NC 2013 Class of 2013 scholarship, Gilling’s School of Global Public Health, University of North Carolina, Chapel Hill, NC 2013 Society for Public Health Education (SOPHE)/ Center for Disease Control and Prevention (CDC) Unintentional Injury Prevention Fellowship: 2013-2014 2009 Outstanding Graduate Student for Environmental Public Health, College of Health and Human Services, Western Kentucky University, Bowling Green, KY 2008 2008 World Toppers scholarship, travel and study for the 2009 International Health and Human Service Learning Program, Western Kentucky University, Bowling Green, KY College of Health and Human Services travel scholarship for the 2009 International Health and Human Service Learning Program, Western Kentucky University, Bowling Green, KY PROFESSIONAL MEMBERSHIPS 2014 – Society for Advancement of Violence and Injury Research 2011 – Society for Epidemiologic Research 2009 – American Public Health Association PUBLICATIONS Peer Reviewed Journals (*Denotes that the first author was an advisee or student mentee) 1. Geary S, Graham L, Moracco KE, Ranapurwala SI, Proescholdbell SK, Macy R. Understanding intimate partner violence related deaths in North Carolina: North Carolina Violent Death Reporting System, 20112015. NC Med J. 2020 (in press). 2. Register-Mihalik JK, Guskiewicz KM, Marshall SW, McCulloch KL, Mihalik JP, Martin Mrazik, Murphy I, Naidu D, Ranapurwala SI, Schneider K, Gildner P, McCrea M, and Active Rehab Study Consortium Investigators. Methodology and implementation of a randomized controlled trial (RCT) for early postconcussion rehabilitation: The Active Rehab Study. Front Neurol. 2019; 10:1176. 3. MARIC consortium (includes Ranapurwala SI). Multi-national meta-analysis of all-cause mortality after release from incarceration (MARIC): a protocol. Int J Popul Data Sci. 2019; In press. 4. Brinkley-Rubinstein L, Caves JJ, Junker G, Rosen D, Proescholdbell SK, Shanahan ME, Ranapurwala SI. Association of restrictive housing during incarceration with post-release mortality. JAMA Netw Open. 2019 Oct 2;2(10):e1912516. 5. *Wong E, Ranapurwala SI. Cardiovascular Risk Associated with Medical Use of Opioids and Cannabinoids. Curr Cardiovasc Risk Rep (2019) 13: 30. (Invited Systematic Review). 6. Naumann RB, Durrance CP, Ranapurwala SI, Austin AE, Proescholdbell SK, Childs R, Marshall SW, Kansagra S, Shanahan ME. Impact of a community-based naloxone distribution program on opioid overdose death rates. Drug Alcohol Depend. 2019 Nov 1;204:107536. Epub 2019 Aug 30.. 7. Ranapurwala SI, Young T, Wu H, Peek-Asa C, Cavanaugh JE, Ramirez MR. Public health application of predictive analysis: Forecasting the risk of farm crash injuries. Inj Epidemiol. 2019. 6(1); 31. 8. Ranapurwala SI. Identifying and addressing confounding bias in violence prevention epidemiology. Curr. Epidemiol Report. June 2019. 6(2); 200-207. 9. *Sivaraman J, Ranapurwala SI, Moracco KE, Marshall SW. Impact of firearm regulatory strictness on intimate partner homicide and homicide-suicide. Am J Prev Med. 2019 Jan;56(1):125-133. doi: 10.1016/j.amepre.2018.09.007. 10. Bernard SA, Chelminski PR, Ives TJ, Ranapurwala SI. The Management of Pain in the United States— Implications for the Opioid Epidemic (invited review). Health Serv Insights. 2018 Dec 26;11:1178632918819440. doi: 10.1177/1178632918819440. 11. Ranapurwala SI, Shanahan ME, Alexandridis AA, Proescholdbell ST, Naumann RB, Edwards D, Marshall SW. Opioid overdose mortality among former North Carolina inmates: A retrospective cohort 2000-2015. Am J Public Health. 2018 Sep;108(9):1207-1213. doi: 10.2105/AJPH.2018.304514. Epub 2018 Jul 19. 12. Ranapurwala SI, Naumann RB, Austin AE, Dasgupta N, Marshall SW. Methodologic limitations of prescription opioid safety research and recommendations for improving the evidence base. Pharmacoepidemiol Drug Saf. 2019 Jan;28(1):4-12. doi: 10.1002/pds.4564. Review. 13. Ranapurwala SI, Kucera KL, Denoble PJ. The healthy diver: A cross-sectional survey to evaluate the health status of recreational scuba diver members of Divers Alert Network (DAN). PLoS ONE. 2018. 13(3): e0194380. 14. Ranapurwala SI, Carnahan R, Brown G, Hinmann J, Casteel C. Impact of prescription monitoring program on opioid pain reliever prescribing patterns in Iowa. Pain Med. 2018. doi: 10.1093/pm/pny029. [Epub ahead of print] 15. Brinkley-Rubenstein L, Macmadu A, Marshall B, Heise A, Ranapurwala SI, Rich JD, Green TC. Risk of fentanyl-involved overdose among those with past year incarceration: Findings from a recent outbreak of illicit synthetic fentanyl overdose in 2014 and 2015. Drug Alcohol Depend. 2018 Feb 9;185:189-191. doi: 10.1016/j.drugalcdep.2017.12.014. [Epub ahead of print] 16. Rosenberg M, Ranapurwala SI, Townes A, Bengtson AM. Do Black Lives Matter in public health research and training? PloS ONE. 2017; Oct 10;12(10):e0185957. 17. Ranapurwala SI, Wing S, Poole C, Kucera KL, Marshall SW, Denoble PJ. Mishaps and unsafe conditions in recreational scuba diving and pre-dive checklist use: A prospective cohort study. Inj Epidemiol. 2017 Dec;4(1):16. doi: 10.1186/s40621-017-0113-z. Epub 2017 Jun 5. 18. Ranapurwala SI, Peek-Asa C, Casteel C. Volunteering in Adolescence and Adult Delinquency: A Longitudinal Analysis from the Add Health Study. Inj Epidemiol. 2016 Dec;3(1):26. PMID: 27807807. 19. Ranapurwala SI, Denoble PJ, Poole C, Marshall SW, Kucera KL, Wing SB. Factors influencing adherence to pre-dive checklists among recreational scuba divers. Undersea Hyperb Med. 2016;43(7):827-32. 20. Ranapurwala SI, Mello ER, Ramirez MR. A GIS-based matched case-control study of road characteristics in farm vehicle crashes from nine Midwestern US states. Epidemiology. 2016;27(6):827-34. [Epub: Jul 27, 2016] doi: 10.1097/EDE.0000000000000542. PMID: 27468005. 21. Ranapurwala SI, Berg MT, Casteel C. Reporting crime victimizations to the police and the incidence of future victimizations: A longitudinal study. Plos One. 2016; 11(7):e0160072. doi: 10.1371/journal.pone.0160072. PMID: 27466811. 22. Ranapurwala SI, Denoble PJ, Poole C, Marshall SW, Kucera KL, Wing S. The effect of using a pre-dive checklist on the incidence of diving mishaps in recreational scuba diving: A cluster randomized trial. International Journal of Epidemiology, 2016; 45(1):223-231. [Epub: Nov 3, 2015]. doi: 10.1093/ije/dyv292. PMID: 26534948. 23. Hatzenbuehler ML, Schwab-Reese L, Ranapurwala SI, Hertz M, Ramirez MR. Anti-Bullying Policies Reduce the Risk of Bullying Victimization: A State-Level Analysis. JAMA Pediatrics, 2015; 169(10):e152411. [Epub: Oct 5, 2015] doi: 10.1001/jamapediatrics.2015.2411. PMID: 26437015. 24. Ranapurwala SI, Bird N, Vaithiyanathan P, Denoble PJ. Scuba diving injuries among Divers Alert Network members 2010-2011. Diving and Hyperbaric Medicine, 2014; 44(2):79-85. PMID: 24986725. 25. Denoble PJ, Nelson CL, Ranapurwala SI, Caruso JL. Preval ence of left ventricular hypertrophy in scuba diving and traffic accident victims. Undersea and Hyperbaric Medicine, 2014; 41 (2):127-33. PMID: 24851550. 26. Zanchi J, Ljubkovic M, Denoble PJ, Dujic Z, Ranapurwala S, Pollock NW. Influence of repeated daily diving on decompression stress. International Journal of Sports Medicine, 2014; 35(6):465-8. doi: 10.1055/s-0033-1334968. PMID: 23771833. 27. Denoble PJ, Ranapurwala SI, Vaithiyanathan P, Clarke RE, Vann RD. Per-capita claims rates for decompression sickness among insured Divers Alert Network members. Undersea and Hyperbaric Medicine, 2012; 39(3):709-15. PMID: 22670551. 28. Lartey GK, Habib F, Ranapurwala SI, Bowles T. Health Departments’ Activities in Promoting Motor Vehicle Safety Among Children. American Journal of Health Studies, 2008; 23(3):124-29. In review 29. Cholera R, Ranapurwala SI, Linton J, Shmuel S, Miller-Fitzwater A, Best D, Simha S, Flower KB. Healthcare utilization among Latinx children before and after 2017 executive actions on immigration. 30. *Graham LM, Ranapurwala SI, Zimmerman K, Fraga C, Martin S, Lanier P, Macy R. Potential years of life lost due to intimate partner violence among partner victims: Data from 16 states for 2006-2015. 31. Ranapurwala SI, Ringwalt CL, Pence BW, Schiro S, Fulcher N, DiPrete BL, Marshall SW. Intended and Unintended Consequences Associated with A State Policy to Address Opioid Overprescribing. Books and chapters 1. Denoble PJ, Ranapurwala SI, Vaithiyanathan P, Bird N. Prevalence of sudden cardiac death risk factors in scuba divers – an online survey. In the proceedings of the 4th Conference on Diving Physiology, Technology and Hyperbaric Medicine. Japanese Soceity of Hyperbaric and Undersea Medicine, Tokyo, Japan, November, 2012; 71-74. 2. Ranpurwala, SI. (Dissertation) Prevention of scuba diving mishaps using a pre-dive checklist: A cluster randomized trial. Epidemiology Department, Gillings School of Global Public Health, University of North Carolina, Chapel Hill, NC, USA. Chair: Steve Wing, PhD. Committee: Charles Poole, PhD; Stephen W. Marshall, PhD; Kristen Kucera, PhD; Petar Denoble, MD. CONFERENCES PRESENTATIONS (# = Presenter) Oral presentations 1. #Ranapurwala SI, Caves JJ, Junker G, Rosen D, Proescholdbell SK, Shanahan ME, Brinkley-Rubinstein L. Restrictive housing during incarceration and the risk of death from suicide, homicide, and opioid overdose post-release in North Carolina: 2000-2015. Society for Advancement of Violence and Injury Research, April 2019; Cincinnati, OH, USA. 2. Geary S, Graham L, Moracco KE, #Ranapurwala SI, Proescholdbell SK, Macy R. Intimate partner homicides in North Carolina: 2011-2015. Society for Advancement of Violence and Injury Research, April 2019; Cincinnati, OH, USA. 3. #Sivaraman J, Ali YM, Marshall SW, Ranapurwala SI. Law enforcement-related deaths, the number of statewide restrictive firearm laws, and race in 16 US states: 2010-2016. Society for Advancement of Violence and Injury Research, April 2019; Cincinnati, OH, USA. 4. #Naumann RB, Durrance CP, Ranapurwala SI, Austin AP, Proescholdbell SK, Shanahan ME. Impact of a community-based naloxone distribution program on opioid overdose death rates, 2013-2016. Society for Advancement of Violence and Injury Research, April 2019; Cincinnati, OH, USA. 5. #Brinkley-Rubinstein L, Caves JJ, Rosen D, Proescholdbell SK, Shanahan ME, Ranapurwala SI. Solitary confinement and the risk of post-release death. 12th Academy and Health Policy Conference on Correctional Health, March 2019; Las Vegas, NV, USA. 6. #Macmadu A, Brinkley-Rubenstein L, Marshall B, Heise A, Ranapurwala SI, Rich JD, Green TC. Risk of fentanyl-involved overdose among those with past year incarceration: Findings from a recent outbreak of illicit synthetic fentanyl overdose in 2014 and 2016. 11th Academy and Health Policy Conference on Correctional Health, March 2018; Houston, TX, USA. 7. #Ranapurwala SI. Confounding and Directed Acyclic Graphs: Innovations in research and training at NCIPC funded Injury Prevention Research Centers. American Public Health Association annual conference, November 2017; Atlanta, GA, USA. 8. #Ranapurwala SI, Shanahan ME, Alexandridis AA, Proescholdbell ST, Naumann RB, Edwards D, Marshall SW. Opioid overdose mortality among former North Carolina inmates: 2000-2015. American Public Health Association annual conference, November 2017; Atlanta, GA, USA. 9. #Ranapurwala SI, Hinmann J, Carnahan R, Brown G, Casteel C. Association of Iowa PMP with opioid pain reliever prescribing patterns: An interrupted time series approach. American Public Health Association annual conference, November 2017; Atlanta, GA, USA. 10. #Rauscher KJ, Brown B, Casteel C, Ranapurwala SI. Comparing Workplace Violence Experiences of Adolescent and Adult Workers Using the National Crime Victimization Survey. American Public Health Association annual conference, November 2017; Atlanta, GA, USA. 11. #Ranapurwala SI, Hinmann J, Carnahan R, Brown G, Casteel C. Impact of prescription monitoring program on opioid pain reliever prescribing patterns in Iowa. Society for Advancement of Violence and Injury Research, September 2017; Ann Arbor, MI, USA. 12. #Ranapurwala SI, Young T, Wu H, Cavanaugh JE, Peek-Asa C, Ramirez MR. Public health application of predictive modeling: Forecasting the risk of farm crash injuries. Society for Epidemiologic Research Annual Conference, June 2017; Seattle, WA, USA. 13. #Ranapurwala SI, Young T, Ramirez MR. Predictors of injury in a farm vehicle crash: modifiable and nonmodifiable factors. Midwest Rural Agricultural Safety and Health Conference, November 2015; Decorah, IA, USA. 14. #Ranapurwala SI, Casteel C. Effect of doing volunteer work in formative years on adult delinquency: A longitudinal study. Society for Advancement of Violence and Injury Research, March 2015; New Orleans, LA, USA. 15. #Ranapurwala SI, Mello E, Ramirez MR. Effect of road characteristics on the incidence of farm vehiclerelate crashes; 40th Annual International Traffic Records Forum, October 2014; St. Louis, MO, USA. 16. #Bourque J, Ranapurwala SI, Denoble PJ. Divers with implantable cardiac devices; oral presentation; The 47th Undersea & Hyperbaric Medical Society (UHMS) Annual Scientific Meeting, June, 2014; St. Louis, MO, USA. 17. Ranapurwala SI, #Bird N, Vaithiyanathan P, Denoble PJ. Diving injury rates: Results from an online survey; oral presentation; The 46th Undersea & Hyperbaric Medical Society (UHMS) Annual Scientific Meeting, June 12, 2013; Orlando, FL, USA. 18. Ranapurwala SI, Wing SB, Moore J, #Denoble PJ. A pre-dive safety checklist may prevent diving mishaps: Results from a grouped randomized trial; oral presentation; The 46th Undersea & Hyperbaric Medical Society (UHMS) Annual Scientific Meeting, June 12, 2013; Orlando, FL, USA. 19. #Ranapurwala SI, Denoble PJ, Vann RD, Vaithiyanathan P. Decompression Sickness Claims Rate among Insured Divers Alert Network Members; poster presentation; 1st Annual SER Web meeting; November 5, 2011; Web meeting. 20. #Horney JA, Davis SED, Fleischauer A, Davis M, Ranapurwala S. Use of the Community Assessment for Public Health Emergency Response (CASPER) in North Carolina, 2003 to 2010; oral presentation; Council of State and Territorial Epidemiologists Annual Meeting; June 12-16, 2011; Pittsburgh, PA. 21. Taylor RR, #Ranapurwala SI, Hill M. Protection of Public Health and Capacity Development for Rural Water System in Gales Point, Belize - An Environmental Health Service Learning Project; oral presentation; 137th Annual APHA Meeting; November 7-11, 2009; Philadelphia, PA. 22. #Ranapurwala SI, Hill M, Taylor RR. Environmental Health Service Learning and Water Quality in Gales Point, Belize; oral presentation; 2009 Annual KPHA Conference, March 2009, Louisville, KY. 23. #Ranapurwala SI, Hill M, Taylor RR. Environmental Health Service Learning and Water Quality in Gales Point, Belize; oral presentation; Annual 39th Student Research Conference, Western Kentucky University, February 2009, Bowling Green, KY. Poster presentations 1. Graham LM, Ranapurwala SI, Zimmer C, Macy RJ, Lanier P, Rizo CF, Martin SL. Disparities in potential years of life lost to intimate partner violence: A study of 16 states from 2006-2015. American Public Health Association annual conference, November 2019. 2. #Hicks C, Ranapurwala SI, Peek-Asa C, Casteel C. Prevalence of workplace violence and victimization outcomes, by victim-offender relationship. Society for Advancement of Violence and Injury Research, April 2019; Cincinnati, OH, USA. 3. #Chawla D, Kinlaw A, Dover SSM, Ranapurwala SI. Association of marijuana use with prescription drug misuse. Society for Epidemiologic Research annual conference, June 2018; Baltimore, MD, USA. 4. #Caves J, Ranapurwala SI, Moracco KE, Marshall SW. Impact of the number of state firearm safety laws on intimate partner homicide. American Public Health Association annual conference, November 2017; Atlanta, GA, USA. 5. Rosenberg M, Townes A, #Ranapurwala SI, Bengtson A. Following the trail of investments in public health research to trace racial health disparities. Society for Advancement of Violence and Injury Research, September 2017; Ann Arbor, MI, USA. 6. #Ranapurwala SI, Young T, Ramirez MR. Predictors of injury in a farm vehicle crash: modifiable and nonmodifiable factors. University of Iowa, College of Public Health 2015 Research Week – April 2015, Iowa City, IA [Awarded best research poster in two categories]. 7. #Ranapurwala SI, Berg MT, Casteel C. Does police reporting of victimization help? Relationship with the incidence of future victimization. Society for Epidemiologic Research annual meeting, June 2015; Denver, CO, USA. 8. #Ranapurwala SI, Mello E, Ramirez MR. Road segment characteristics and the incidence of farm vehiclerelated crashes: A GIS based multistate matched case-control study; Society for Epidemiologic Research annual meeting, June 2015; Denver, CO, USA. 9. #Ranapurwala SI, Casteel C, Berg MT. To report or not to report? Effect on crime victimization. The University of Iowa, College of Public Health 2015 Research Week – April 2015, Iowa City, IA [Awarded best research poster in the college in faculty/staff/postdoc category]. 10. #Ranapurwala SI, Casteel C, Berg MT. To report or not to report? Effect on crime victimization. Society for Advancement of Violence and Injury Research, March 2015; New Orleans, LA, USA. 11. #Ranapurwala SI, Mello E, Ramirez MR. Effect of road characteristics on the incidence of farm vehiclerelate crashes; 142nd Annual American Public Health Association Conference, November 2014; New Orleans, LA, USA. 12. Ranapurwala SI, #Denoble PJ. Factors affecting adherence to pre-dive checklists: A nested study; poster presentation; The 47th Undersea & Hyperbaric Medical Society (UHMS) Annual Scientific Meeting, June, 2014; St. Louis, MO, USA. 13. #Ranapurwala SI, Denoble PJ, Marshall SW, Poole C, Kucera KL, Wing SB. Cultivating safe behaviors in recreational scuba divers: A cluster randomized trial of pre-dive checklists; poster presentation; The 65th Annual Society of Public Health Education conference, March 19, 2014. Baltimore, MD, USA. 14. #Ranapurwala SI, Wing SB, Denoble PJ. A pre-dive safety checklist may prevent diving mishaps: Results from a grouped randomized trial; poster presentation; The 46th Annual Society of Epidemiologic Research meeting, June 18, 2013. Boston, MA. 15. #Denoble PJ, Nelson CL, Ranapurwala SI, Caruso JL. Prevalence of Left Ventricular Hypertrophy in Scuba Diving and Traffic Accident Victims; poster presentation; The 46th Undersea & Hyperbaric Medical Society (UHMS) Annual Scientific Meeting, June 12, 2013. 16. Covington D, Ranapurwala SI, Ebersole DG, #Denoble PJ. Modification of Individual Diving Practices after PFO Diagnosis or PFO Closure; poster presentation; The 46th Undersea & Hyperbaric Medical Society (UHMS) Annual Scientific Meeting, June 12, 2013. 17. #Denoble PJ, Ranapurwala SI, Vaithiyanathan P, Clarke RE, Vann RD. Per Capita Claims Rates For Decompression Sickness (DCS) Among Insured Divers Alert Network (DAN) Members; poster presentation; The 45th Undersea & Hyperbaric Medical Society (UHMS) Annual Scientific Meeting, June 22, 2012. 18. #Denoble PJ, Ranapurwala SI, Vaithiyanathan P., Bird N. Online Survey Of Health Status Of DAN Members; poster presentation; The 45th Undersea & Hyperbaric Medical Society (UHMS) Annual Scientific Meeting, June 22, 2012. 19. Meija E, *Nochetto M, Bird N, Ranapurwala S, Denoble PJ. A Case Series of Decompression Illness in Miskito Fishermen Divers Treated in 2010 at Clinica La Benedicion; poster presentation; 44th Annual Scientific Meeting – Undersea & Hyperbaric Medicine; June 15-18, 2011; Fort Worth, TX. 20. #DiBiase L, Davis S, Rosselli R, Smith-Craig H, Ranapurwala S, Horney J, Casani J. Evaluating local health departments’ H1N1 vaccination campaigns: Lessons learned (with handout); poster presentation; Public Health Preparedness Summit 2011; February 22-25, 2011; Atlanta, GA. 21. Lartey GK, Habib F, #Ranapurwala SI, Bowles T. Health Departments’ Activities in Promoting Motor Vehicle Safety Among Children; poster presentation; 2008 Annual KPHA Conference, April 2008, Louisville, KY. INVITED TALKS 1. Addressing confounding in studies examining the safety of abuse deterrent opioid formulations. US Food and Drug Administration, Washington, DC. December 11, 2019. 2. Evaluation of state mandated acute and post-surgical prescribing limits. Centers for Disease Control and Prevention (CDC), Atlanta, GA. September 25, 2019. 3. Confronting the opioid epidemic: From opioid prescribing policies and practices to precision medicine and tailored interventions. FORE foundation, Chapel Hill. August 15, 2019. 4. Opioid Overdose, Suicide and Homicide Deaths among Formerly Incarcerated People in North Carolina: 2000-2015. NC Opioid Prevention Summit 2019, Raleigh. June 9, 2019. 5. Epidemiologic methods for opioid safety research. University of Pennsylvania, Center for Clinical Epidemiology and Biostatistics seminar series with the Penn Injury Science Center, Philadelphia. January 24, 2019. 6. Methodologic Limitations of Prescription Opioid Safety Research: A Call for Integrated Data Systems and Modern Epidemiology. The North Carolina Translational and Clinical Sciences Institute. June 4, 2018. 7. Disproportionate effects of opioids and violence on disadvantaged populations. Gillings School of Global Public Health: The Lunch with the Dean Series. April 26, 2018. 8. Association of Iowa PMP with opioid pain reliever prescribing patterns: An interrupted time series approach. University of Minnesota School of Public Health, Junior Faculty Lunch. April 5, 2018. 9. Policies to prevent opioid poisoning. Cecil G. Sheps Center for Health Services and Research, Chapel Hill, NC, April 2, 2018. 10. Opioid overdose deaths after release from prison. North Carolina Department of Corrections, Raleigh, North Carolina, May 26, 2017. 11. Advancing injury prevention with modern epidemiologic methods: Examples from opioid poisoning, youth violence, and occupational transportation safety. Department of Epidemiology, University of Colorado, Denver. June 23, 2016. 12. Using epidemiologic methods to advance injury prevention in opioid poisoning, youth violence, and occupational transportation safety. Department of Epidemiology, University of North Carolina, Chapel Hill. May 3, 2016. 13. Volunteering and youth violence prevention: My ongoing work and future directions. University of Iowa Injury Prevention Research Center Executive committee meeting. November 5, 2015. 14. Effect of Road Characteristics on the Incidence of Farm Vehicle Crashes: A Matched Case-Control Study. Great Plains Center for Agricultural Health advisory council meeting. January 14, 2015. 15. Road characteristics and incidence of farm vehicle crashes. State Traffic Records coordinating committee, Iowa City, Iowa. September 18, 2014. 16. Prevention of Scuba Diving Mishaps using a Pre-dive Checklist: A Cluster Randomized Trial. Injury Prevention Research Center. Iowa City, Iowa. July 17, 2014. 17. Cultivating Safe Behaviors in Recreation Diving. Divers Alert Network Public Lecture Series, Durham, NC. Dec 4, 2013. 18. Checklists Work: Preventing Diving Mishaps, Injuries, and Fatalities. Down Under Scuba Monthly Meeting, Raleigh, NC. Oct 8, 2013. 19. Pre-dive Safety Checklist Prevents Diving Mishaps: Results from a Group Randomized Trial. Undersea and Hyperbaric Medicine Society Pacific chapter annual meeting, Las Vegas, NV. Sept 7, 2013. 20. Diving Injury Rates: Results from an Online Survey. Undersea and Hyperbaric Medicine Society Pacific chapter annual meeting, Las Vegas, NV. Sept 7, 2013. 21. Epidemiological Studies in Scuba Diving at Divers Alert Network. Center for Hyperbaric Medicine and Environmental Physiology, Duke University Medical Center, Durham, NC. Jan 13, 2012. 22. Principles and Practice of Homoeopathy. Four contributory lectures for Final year and Intern Homoeopathic Medical Students, Nagpur College of Homoeopathy & Hospital, India. Nov, 2006. Unrefereed articles 1. Ranapurwala SI. Opioid Overdose Deaths among the Formerly Incarcerated. Public Health Post, Oct. 2018. Available at: https://www.publichealthpost.org/research/opioid-overdose-deaths-among-formerlyincarcerated-persons/ 2. Ranapurwala SI. Checklists: Keys to safer diving? Alert Diver. Available at: http://www.alertdiver.com/Checklists 3. Ranapurwala SI. Scuba Diving Research: A Sneak Peek Into the Process. Alert Diver. Available at: http://www.alertdiver.com/Scuba_Diving_Research_A_Sneak_Peak_Into_the_Process TEACHING EXPERIENCE At the University of North Carolina, Chapel Hill Co-instructor, Intervention Epidemiology (EPID 790). Department of Epidemiology, University of North Carolina at Chapel Hill, NC. Fall 2017; Spring 2019. Six PhD students. The class covered topics on intervention epidemiology and randomized trials and causal inference in this area. My topics: 1) Causal inference in randomized and observational studies; 2) methods for addressing adherence and contamination in randomized trials including intent-to-treat, per-protocol, as-treated, marginal structural models, and complier average causal effect; 3) quasi-experimental designs specifically interrupted-time-series analysis; and 4) generalizability in intervention studies. Guest lectures Injury Prevention (EPID 627). Department of Epidemiology, University of North Carolina at Chapel Hill, NC. Fall 2017: Topic – Opioid Epidemic. Injury Prevention (EPID 627). Department of Epidemiology, University of North Carolina at Chapel Hill, NC. Fall 2018: Topic – Opioid Epidemic. Injury Prevention (EPID 627). Department of Epidemiology, University of North Carolina at Chapel Hill, NC. Fall 2019: Title: Confronting the opioid epidemic: From opioid prescribing policies and practices to precision medicine and tailored interventions. Use, Misuse and Addiction to Drugs in the 21st Century (SOCM89). University of North Carolina at Chapel Hill, NC. Fall 2019: Title: Confronting the opioid epidemic: From opioid prescribing policies and practices to precision medicine and tailored interventions. Conference Workshops Co-instructor, Workshop on Causal Inference and Directed Acyclic Graphs. Society for Advancement of Violence and Injury Research (SAVIR) – September 2017, Ann Arbor, MI, USA. Six attendees. At the University of Iowa Co-instructor, Epidemiology III (EPID 7400): Theoretical perspectives. Department of Epidemiology, University of Iowa, Iowa City, IA. Fall 2015. Nine PhD students. Co-instructor with Audrey Saftlas, PhD. The class covered topics on causal inference in epidemiology. I covered topics on causal inference in randomized and observational studies, directed acyclic graphs, confounding, and mediation. Guest lectures Introduction to Oral Epidemiology (DPH 6004). College of Dentistry, University of Iowa, Iowa City, IA. Spring 2016: Topic – Confounding and Directed Acyclic Graphs with journal club discussion. Injury Epidemiology (OEH 6520). Department of Occupational and Environmental Health, University of Iowa, Iowa City, IA. Spring 2015-2016: Topic – Effect Measure Modification. Injury Epidemiology (OEH 6520). Department of Occupational and Environmental Health, University of Iowa, Iowa City, IA. Spring 2015-2016: Topic – Confounding and Directed Acyclic Graphs. Injury and violence prevention (OEH 4510). Department of Occupational and Environmental Health, University of Iowa, Iowa City, IA. Fall 2014: Topic – Introduction to Injury Epidemiology. Epidemiology seminar. Department of Epidemiology, University of Iowa, Iowa City, IA. Fall 2014: Topic – Directed Acyclic Graphs (DAG) – why and how? At Western Kentucky University Instructor, Personal Health (HED 100C). Department of Liberal Arts and Science (Health Education), Western Kentucky University Community College at South Campus, Bowling Green, KY. Fall 2009, Spring 2010. 60 students per semester. GRANT SUPPORT Submitted (pending) 1. National Institute of Drug Abuse, National Institute of Health Strengthening Opioid Prescribing Evidence Base: Foundation for Precision Medicine 04/01/2020 – 03/31/2022 PI: Ranapurwala (20% effort) To utilize “big data” and modern epidemiologic approaches to generate more granular and higher quality opioid safety evidence and reduce unnecessary opioid consumption by focusing on clinical subpopulations. Ongoing 1. Office of Violence against Women, NIJ Evaluation of Electronic Filing for Domestic Violence Protective Orders in North Carolina 11/01/2019-10/31/2021 PI: Moracco Role: Co-investigator (15% effort) To conduct a mixed method study to examine the effects of DVPO e-filing in eight NC counties that have implemented e-filing prior to 2019. 2. National Institute of Drug Abuse, National Institute of Health U01DA050442 - Decrease Overdose among People on Community Supervision in a Justice Community Opioid Innovation Network (JCOIN) Clinical Research Center (CRC) (R01) 09/01/2019-08/31/2024 Co-PIs: Martin (Brown); Brinkley-Rubinstein (UNC) Role: Co-investigator (15% effort) To establish a JCOIN CRC at Brown University in collaboration with the University of North Carolina-Chapel Hill, University of Rhode Island, and Temple University, to improve capacity of the justice system to effectively respond to the opioid crisis, thereby improving public health and safety outcomes. We will conduct a type 1 hybrid implementation-effectiveness randomized trial to evaluate the effectiveness of a peer support model on compliance with opioid use disorder treatment, recidivism, illicit opioid use, and overdose. 3. National Center for Injury Prevention and Control, Centers for Disease Control and Prevention R49 CE003092 - University of North Carolina Injury Prevention Research Center Project 2: Medicaid expansion and deaths due to opioid overdose, suicides and homicides among formerly incarcerated persons 08/01/2019 – 07/31/2024 PI: Marshall, SW Role: Project co-lead (20% effort) To evaluate the impact of Medicaid expansion on deaths due to opioid overdose, suicides and homicides among formerly incarcerated persons. 4. North Carolina Translational and Clinical Sciences Institute (NC TraCS): Carolinas Collaborative Pilot Grant CCR31812- Measuring Opioid Use Disorders in Secondary Electronic Health Records Data (pilot) 01/01/2019 – 12/31/2019 Co-PIs: Ranapurwala, Wu, Wolfson, Korte Role: Lead PI (no salary support – Pilot grant) Total award: $100,000 (Direct only) To develop a valid algorithm to accurately measure OUD in secondary datasets especially EHR, and determine the sensitivity of opioid abuse and dependence specific ICD9/10 codes using the algorithm. This grant is a multi-institutional collaboration between UNC-CH, Duke, Wake Forest and Medical University of South Carolina, and will lead to an R01 grant. 5. US Food and Drug Administration HHSF223201810183C - Methodological Advances in Evaluating Abuse Deterrent Opioid Analgesics 09/28/2018 – 09/27/2022 PI: Dasgupta Role: Project lead (30% effort) for one sub-project (09/28/2019 – 09/27/2022) To evaluate and compare methods for the confounding by “indication”, the expected likelihood that patients receiving ADF opioids have different risk profiles for experiencing overdose/abuse outcomes than patients prescribed traditional opioids. 6. National Center for Injury Prevention and Control, Centers for Disease Control and Prevention R01 CE003009 - Evaluation of state-mandated acute & post-surgical pain-specific CDC opioid prescribing guidelines (R01) 09/30/2018 – 09/29/2021 PI: Ranapurwala (35-45% effort) Total award (direct and indirect): $2,039,524 To examine the impact of a state mandated CDC opioid guideline for acute and post-surgical pain on physicians’ opioid prescribing behaviors and opioid safety outcomes (including fatal and non-fatal overdose) among patients. This is a multi-institutional grant collaboration between UNC-CH, Duke, and Vanderbilt. 7. National Institute for Drug Abuse, National Institutes of Health R21 DA046048 - Chronic Pain Management, Opioid Misuse, and Risk of Blood-borne Infections (R21) 04/01/2018 – 03/31/2020 PI: Pence Role: Co-investigator (10% effort) The overall objective of this application is to leverage a unique combination of “big data” and qualitative data to generate high-quality evidence about optimal strategies to taper or end long-term opioids. 8. National Institute for Occupational Safety and Health, CDC R01 OH011256 - Trends and Disparities in Fatal Occupational Injury in North Carolina (R01) 09/01/2018 – 08/30/2022 PI: Richardson Role: Co-investigator (20% effort) To strengthen the understanding of fatal occupational injuries in NC by identifying trends in fatal injury rates and assessing disparities by industry/ occupation, race, and worker age. 9. North Carolina Department of Health and Human Services National Center for Injury Prevention and Control, Centers for Disease Control and Prevention 5NU17CE002728 - Prescription Drug Overdose: Prevention for States 03/01/16 – 08/31/2020 Subcontract PI: Naumann, RB (PI: Proescholdbell) Award (per year direct): $149,398 Role: Co-investigator (15% effort from Oct’16 to Aug’19; 10% thereafter) To evaluate the impact of prescription monitoring program and other policies in North Carolina on prescription drug overdose 10. National Football League Role of Active Rehabilitation in Concussion Management: A Randomized Controlled Trial 05/01/2016 – 04/30/2019 PI: Register-Mihalik J Total award (direct and indirect): $2,599,957 Role: Co-investigator, (45% effort from Oct’16 to Apr’19: did not participate in proposal development) To evaluate the effect of a concussion rehabilitation program in a cluster randomized trial 11. National Center for Injury Prevention and Control, Centers for Disease Control and Prevention R49 CE002479 - University of North Carolina Injury Prevention Research Center Evaluation of North Carolina Medical Board’s Safe Opioid Prescribing Initiative (SOPI) 08/01/2017 – 07/31/2019 (07/2020 – no cost extension) PI: Ranapurwala Total award (direct and indirect): $300,000 Role: Project lead (15% effort) To evaluate the impact of North Carolina Medical Board’s opioid prescribing policies on inappropriate tapering and abrupt stoppage of opioid prescriptions and overdose deaths in North Carolina. Completed 12. National Center for Injury Prevention and Control, Centers for Disease Control and Prevention R49 CE001167 - University of Iowa Injury Prevention Research Center Poisoning: Improved Surveillance for Determining Control Measures 08/01/2015 – 07/31/2017 PI: Peek-Asa Total award (direct and indirect): $300,000 Role: Co-investigator, 10% (Aug’15 to Sept’16); Subcontract PI, 10% (Oct’16 to Jul’17) To evaluate the impact of Iowa Prescription Monitoring Program on opioid prescribing behaviors among physicians in Iowa 13. National Center for Injury Prevention and Control, Centers for Disease Control and Prevention University of Iowa Injury Prevention Research Center August 2012 – July 2017 PI: Peek-Asa, C Total award (direct and indirect): $4,525,000 Role: Postdoctoral Research Scholar, 25% (Jun’14 to Aug ’16 : did not participate in proposal development) 14. National Institute of Occupational Safety and Health - U50 OH007548-11 U50 OH007548 - Great Plains Center for Agricultural Health Subproject: Farm Equipment Crash Study (Project lead: Marizen Ramirez) 09/30/2011 – 09/29/2016 PI: Gerr, F Total award (direct and indirect): $1,644,111 (2014) Role: Epidemiologist, 25% (Jun’14 to Sept’16: did not participate in proposal development) To develop a comprehensive epidemiologic profile of farm crashes, analysis of risk factors, and evaluate the impact of lighting and marking policies of farm equipment on the incidence of crashes. 15. University of Iowa Office of Vice President for Research & Economic Development/ College of Public Health August 2013 – July 2016 PI: Casteel, C Total award (direct only- internal funds): $105,354 Role: Postdoctoral Research Scholar, 40% (Jun’14 to July’16: did not participate in proposal development) 16. The University of Iowa Injury Prevention Research Center Assessment of community service programs/ curricula in middle/junior and high schools July 1, 2015 – June 30, 2016 PI: Ranapurwala, SI Total Award (direct): $21,506 (pilot funding) Role: Principal Investigator, 5% 17. Center for Injury Epidemiology and Prevention, Columbia University Evaluation of Anti-Bullying Laws across the Country 01/01/2014 – 12/31/2014 Multiple PIs: Ramirez, MR and Hatzenbuehler, M Total Award: $7,500 Role: Co-Investigator, 2% (Jun’14 to Dec’14: did not participate in proposal development) 18. Divers Alert Network Scuba diving intervention study: A cluster randomized controlled trial 01/05/2011 – 04/30/2012 PI: Ranapurwala, SI Total Award (Direct): $32,000 Role: Principal Investigator, 20% To investigate the effect of using a pre-dive checklist on the incidence of diving mishaps in recreational scuba divers 19. Divers Alert Network The University of North Carolina at Chapel Hill Graduate Research Training in cooperation with Divers Alert Network 09/01/2010 – 05/25/2014 Total Award: Year 1: $25,000; Year 2: $31,231; Year 3: $31,231; Year 4 (9 months): $27,731. Role: Epidemiologist and Biostatistician (50%, plus Tuition and Health Insurance at UNC) Worked on multiple research projects at Divers Alert Network 1. Medical evaluation for fitness to dive: A needs assessment (PI: Bird) 2. Evaluation of decompression sickness claims (PI: Denoble) 3. Prevalence of Left Ventricular Hypertrophy in Scuba Diving and Traffic Fatalities (PI: Denoble) 4. DAN insured members’ health survey (PI: Denoble) 5. Diving experience of divers with implanted cardiac devices (Co-PIs: Denoble/ Bourque) MENTORING University of North Carolina, Chapel Hill Current Students 1. Josie Caves – MSPH in Epidemiology, UNC-CH; chaired Master’s committee; graduated in 2017; current Doctoral student in Epidemiology, UNC-CH; member of dissertation committee (expected graduation in 2020). 2. Katie Wolfe – Doctoral student in Epidemiology, UNC-CH; member of dissertation committee (expected graduation in 2020). 3. Bethany DiPrete - Doctoral student in Epidemiology, UNC-CH; member of dissertation committee (expected graduation in 2020). Past students 1. Juliana Prim - Doctoral student in Human Movement Science, School of Medicine, UNC-CH; member of dissertation committee; graduated December 2019; current position – research fellow. 2. Laurie Graham – PhD Social Work, UNC-CH; member of her dissertation committee; graduated May 2019; Current Position – Assistant Professor, Social Work, University of Maryland at Baltimore County 3. Yasmin Ali Mohammed, MD – MPH in Public Health Leadership, UNC-CH – master’s practicum preceptor (graduated – May 2018). PROFESSIONAL SERVICE University of North Carolina, Chapel Hill 2018 Injury epidemiology substantive qualifying examination committee 2017 Epidemiology methods qualifying examination committee 2016 – Core faculty, UNC Injury Prevention Research Center 2011 Data Collection, North Carolina Institute for Public Health. Rapid needs assessment of wildfire damages at Holy Shelter Game Land, Pender, NC. 2010 Data Collection, North Carolina Institute for Public Health. Household awareness survey about KI distribution within the 10-mile emergency planning zone around the Shearon Harris nuclear power plant, Raleigh, NC. State of North Carolina 2016 – Opioid and Prescription Drug Abuse Advisory Council, Research and Evaluation Core Divers Alert Network (DAN), Durham, NC 2017 – Member of the DAN Institutional Review Board State of Iowa 2014 – 2016 Prescription Drug Abuse Reduction Task Force University of Iowa 2014 – 2016 Great Plains Center for Agricultural Health Internal Advisory Committee 2014 – 2016 Injury Prevention Research Center Strategic Executive Committee 2014 – 2015 University of Iowa Postdoctoral Association, Public Health representative Onslow County, NC, USA 2012 Data Analysis, Onslow County Community Health Assessment Survey. 30 hrs. Western Kentucky University, Bowling Green, KY 2008 – 2009 Secretary, Kentucky Public Health Association student chapter 2008 – 2009 President, International Students Club 2007 – 2008 Public Relations Officer, International Club Warren County, KY, USA 2008 Student Health Educator, Warren Region Juvenile Detention Center. 50 hours. Future selves program for incarcerated children and youth provided vocational awareness, education, and practical coping strategies. Professional Societies 2015 – Society for Advancement of Violence and Injury Research (SAVIR), Science and Research Committee 2017 – Society for Advancement of Violence and Injury Research (SAVIR), Training and Infrastructure Committee 2019 Organized SAVIR Annual Conference Best Science Award, Cincinnati, OH. 2014 – 2015 American Public Health Association Injury Control and Emergency Health Services (ICHES), Policy Committee Grant Review 2018 National Institute on Disability, Independent Living, and Rehabilitation Research 2018 Western University of Health Sciences Intramural grant Peer Reviewed Journals Ad-Hoc Reviewer American Journal of Epidemiology; American Journal of Education; American Journal of Preventive Medicine; American Journal of Public Health; BMC Public Health; British Medical Journal; Drug Alcohol Dependence; Epidemiology; European Journal of Sports Medicine; Injury Epidemiology; Injury Prevention; Journal of Diabetes Science and Technology; Journal of Family Violence; Journal of Family Medicine and Primary Care; Journal of Trauma and Care; Osteoarthritis and Cartilage; Pain Medicine; PLoS One; Pharmacoepidemiology and Drug Safety; Public Health Reports; Violence and Gender. Conference Abstract Review 2013 – Society of Epidemiologic Research (SER), Annual conference 2015 – Society for Advancement of Violence and Injury Research (SAVIR), Annual conference 2015 – American Public Health Association, Annual conference 2014 – 2017 Society of Public Health Education (SOPHE), Annual conference 2015 Epidemiology Congress of the Americas 2016 [for Society of Epidemiologic Research] Conference session moderator 2017 – Society for Advancement of Violence and Injury Research 2017 – American Public Health Association – Injury Control and Emergency Health Services section Exhibit I Electronically Filed Supreme Court SCPW-20-0000213 02-APR-2020 10:39 AM SCPW-20-0000200 and SCPW-20-0000213 IN THE SUPREME COURT OF THE STATE OF HAWAIʻI SCPW-20-0000200 OFFICE OF THE PUBLIC DEFENDER, Petitioner, vs. CLARE E. CONNORS, Attorney General of the State of Hawaiʻi; DONALD S. GUZMAN, Prosecuting Attorney, County of Maui; MITCHELL D. ROTH, Prosecuting Attorney, County of Hawaiʻi; JUSTIN F. KOLLAR, Prosecuting Attorney, County of Kauaʻi; DWIGHT K. NADAMOTO, Acting Prosecuting Attorney, City and County of Honolulu, Respondents. ---------------------------------------------------------SCPW-20-0000213 STATE OF HAWAIʻI OFFICE OF THE PUBLIC DEFENDER, Petitioner, vs. DAVID Y. IGE, Governor, State of Hawaiʻi; NOLAN P. ESPINDA, Director, State of Hawaiʻi Department of Public Safety; EDMUND (FRED) K.B. HYUN, Chairperson, Hawaiʻi Paroling Authority, Respondents. ORIGINAL PROCEEDING ORDER OF CONSOLIDATION AND FOR APPOINTMENT OF SPECIAL MASTER (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson JJ.) On March 23, 2020, the Office of the Public Defender (“Petitioner”) submitted a letter to this court, which was filed as a petition for writ of mandamus in SCPW-20-0000200, pursuant to a March 24, 2020 order. respondents: The following were named as Clare E. Connors, Attorney General of the State of Hawaiʻi; Donald S. Guzman, Prosecuting Attorney, County of Maui; Mitchell D. Roth, Prosecuting Attorney, County of Hawaiʻi; Justin F. Kollar, Prosecuting Attorney, County of Kauaʻi; and Dwight K. Nadamoto, Acting Prosecuting Attorney, City and County of Honolulu. On March 26, 2020, Petitioner filed a petition for extraordinary writ in SCPW-20-0000213. as respondents: The following were named David Y. Ige, Governor, State of Hawai‘i; Nolan P. Espinda, Director, State of Hawai‘i Department of Public Safety; and Edmund (Fred) K.B. Hyun, Chairperson, Hawaiʻi Paroling Authority.1 The petitions seek a reduction of inmates held within correctional centers and facilities housing Hawaiʻi prisoners to prevent loss of life and other public health impacts that would result from the introduction and spread of COVID-19 within those facilities. The COVID-19 pandemic has caused a public health emergency that is impacting Hawaiʻi’s community correctional centers and facilities. Responding to these petitions requires a careful consideration of interests, both for public health and public safety. The respondents in both petitions will collectively be referred to as “Respondents.” 2 1 There is a significant interest in reducing inmate populations to protect those who work at or are incarcerated in these overcrowded facilities. COVID-19 outbreaks within overcrowded facilities or facilities in which appropriate physical distancing is not possible will not only place inmates at risk of death or serious illness, but will also endanger the lives and well-being of staff and service providers who work in the facilities, their families, and members of the community at large. Also, outbreaks within these facilities will severely tax the limited resources of community health care providers, including hospital beds, ventilators, and personal protective equipment because of virulent spread within close quarters, and will also require the utilization of additional resources to provide constitutionally mandated medical care. This court also recognizes, however, the significant public safety concerns regarding the release of inmates. With respect to the petition in SCPW-20-0000200, Petitioner requests the release of inmates with short term sentences incarcerated at Hawaiʻi’s community correctional centers -- (1) inmates serving a sentence (not to exceed one year or eighteen months) as a condition of felony probation; and (2) inmates serving district court sentences who were convicted of a petty misdemeanor or misdemeanor. A specific category of inmates–-those serving intermittent sentences--was brought to this court’s attention by the materials submitted in response to the March 27, 2020 Interim Order in SCPW-20-0000200. These sentences involve defendants serving a sentence that requires them to repeatedly come in and go out of correctional centers, which appear to directly contravene the intent of the current Department of Public Safety policy of disallowing visits from those in the community in an effort to prevent the introduction of COVID-19 into correctional centers. 3 With respect to the petition in SCPW-20-0000213, Petitioner requests the release of additional categories of inmates, including pretrial detainees, but also seeks the release of inmates from prisons housing State prisoners. Petitioner further seeks, among other relief, the release of “high risk” inmates (e.g., based on age or medical conditions) and an order directing district, family, and circuit courts to vacate all bench warrants and cease the issuance of new bench warrants for failure to appear. At this time, this court declines to enter a blanket order releasing large numbers of inmates. Rather, to address competing public health and safety concerns and to ensure that social distancing measures are being or can be effectuated within the State’s jails and prisons for the safety of the inmates, the staff, and the public, a collaborative effort should first be undertaken. Thus, as suggested by Petitioner and agreed to by Respondents and the amicus Hawaiʻi Correctional Systems Oversight Commission, this court appoints a Special Master to assist in this collaborative effort. With the appointment of a Special Master and pursuant to the provisions set forth in this order, this court establishes a process for the expedited but appropriate consideration of the request to reduce inmate populations within correctional centers and facilities, while preserving Respondents’ ability to object to the release of specific inmates or to suggest alternative measures, some of which are discussed below. Accordingly, upon consideration of the submissions and records in SCPW-20-0000200 and SCPW-20-0000213, and pursuant to this court’s authority under Hawai‘i Revised Statutes (“HRS”) §§ 4 602-5(3) & (6),2 the authority of the circuit, district, and family courts pursuant to HRS § 706-625,3 Governor David Y. Ige’s March 16, 2020 Supplemental Emergency Proclamation, and HRS § 601-1.5(a),4 IT IS HEREBY ORDERED that: 1. SCPW-20-0000200 and SCPW-20-0000213 are consolidated. 2. To the extent there are individuals serving intermittent sentences, the custodial portion of such HRS § 602-5 provides that this court shall have jurisdiction and powers, as follows: 2 . . . . (3) To exercise original jurisdiction . . . arising under writs of mandamus directed to public officers to compel them to fulfill the duties of their offices . . .; . . . . (6) To make and award such judgments, decrees, orders and mandates, issue such executions and other processes, and do such other acts and take such other steps as may be necessary to carry into full effect the powers which are or shall be given to it by law or for the promotion of justice in matters pending before it. 3 HRS § 706-625 provides, in relevant part: § 706-625 Revocation, modification of probation conditions. (1) The court, on application of . . . the defendant, or on its own motion, after a hearing, may . . . reduce or enlarge the conditions of a sentence of probation, pursuant to the provisions applicable to the initial setting of the conditions . . . . 4 HRS § 601-1.5(a) provides, in relevant part: § 601-1.5 Emergency period; suspension of deadlines. (a) During an emergency period proclaimed by the governor under chapter 127A, the chief justice shall be authorized to order the suspension, tolling, extension, or granting of relief from deadlines, time schedules, or filing requirements imposed by otherwise applicable statutes, rules, or court orders, in civil or criminal cases or administrative matters, in any judicial circuit affected by the governor’s proclamation. The chief justice shall determine the judicial circuits so affected. 5 defendants’ intermittent sentence shall be suspended until the conclusion of the COVID-19 pandemic or deemed satisfied, at the discretion of the sentencing judge. 3. This court appoints the Honorable Daniel R. Foley (ret.) as Special Master to immediately begin assisting the parties in this consolidated proceeding. a. Compensation. The court will fix the Special Master’s compensation. b. Term of Service. The Special Master’s term of service will be effective upon the filing of this order of appointment and will end when his duties are completed or upon termination by this court, whichever comes first. c. Diligence. The Special Master shall proceed with all reasonable diligence and as expeditiously as possible to perform his duties. d. Scope of Work. The role of the Special Master is to work with the parties in a collaborative and expeditious manner to address the issues raised in the two petitions and to facilitate a resolution while protecting public health and public safety. The Special Master may include, as part of these efforts and discussions, members of the public health community and other affected agencies. Safety of the inmates, staff, and the public are imperative. The parties shall consider viable options to keep inmates and the public safe (e.g., bracelet monitoring, alternative locations to house inmates, inmate categories such as age or medical condition, etc.). e. Meetings/Discussions. The Special Master shall convene and conduct meetings with the parties and any community agency that the Special Master deems important, in his discretion, to carrying out his role. The Special Master shall facilitate meetings and discussions by adhering to social 6 distancing mandates. Meetings and discussions with the Special Master should be held remotely, by telephone, video conferencing, or other electronic means. The parties shall utilize their best efforts to make themselves available upon reasonable request of the Special Master. f. Authority. The Special Master shall have the authority to take appropriate measures to perform his duties fairly and efficiently, consistent with this order and understanding the urgency of the issues involved in this matter. g. Ex Parte Communications. The Special Master shall serve as a neutral and unbiased Special Master. The Special Master may engage in ex parte communications for the purposes of gathering documents and information, and to facilitate the collaborative effort. h. Report/Recommendation. The Special Master may file periodic reports regarding progress in his efforts, but shall file an initial summary report by April 9, 2020. The Special Master may also provide periodic recommendations to this court proposing orders to effectuate the goals of these consolidated proceedings, even without agreement of all parties, but shall file initial recommendations for orders by April 9, 2020. In his discretion, the Special Master may file confidential documents under seal. i. Other Matters. The Special Master shall enjoy the same protections from being compelled to give testimony and from liability for damages as those enjoyed by judicial officers performing similar functions. The Special Master will preserve records relating to his work as Special Master until relieved of this obligation by order of the court. 4. The appointment of the Special Master does not limit the ability of the parties or others to request, or of the trial courts to grant, modifications of sentences or bail. 7 This order also does not affect the Department of Public Safety’s authority under the law to release inmates. 5. This court reserves its authority to take emergency measures based on changed circumstances. DATED: Honolulu, Hawai‘i, April 2, 2020. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson 8 Exhibit J The Office of the Attorney General, the County Prosecutors Association, the Office of the Public Defender, the American Civil Liberties Union of New Jersey having engaged in mediation before the Honorable Philip S. Carchman, P.J.A.D. (ret.); and The parties having reviewed certifications from healthcare professionals regarding the profound risk posed to people in correctional facilities arising from the spread of COVID-19; and The parties agreeing that the reduction of county jail populations, under appropriate conditions, is in the public interest to mitigate risks imposed by COVID-19; and It being agreed to by all parties as evidenced by the attached duly executed consent form; IT IS HEREBY ORDERED, that A. No later than 6:00 a.m. on Tuesday, March 24, 2020, except as provided in paragraph C, any inmate currently serving a county jail sentence (1) as a condition of probation, or (2) as a result of a municipal court conviction, shall be ordered released. The Court’s order of release shall include, at a minimum, the name of each inmate to be released, the inmate’s State Bureau of Identification (SBI) number, and the county jail where the inmate is being detained, as well as any standard or 2 specific conditions of release. Jails shall process the release of inmates as efficiently as possible, understanding that neither immediate nor simultaneous release is feasible. 1. For inmates serving a county jail sentence as a condition of probation, the custodial portion of the sentence shall either be served at the conclusion of the probationary portion of the sentence or converted into a “time served” condition, at the discretion of the sentencing judge, after input from counsel. 2. For inmates serving a county jail sentence as a result of a municipal court conviction, the custodial portion of the sentence shall be suspended until further order of this Court upon the rescission of the Public Health Emergency declared Executive Order No. 103, or deemed satisfied, at the discretion of the sentencing judge, after input from counsel. B. No later than noon on Thursday, March 26, 2020, except as provided in paragraph C, any inmate serving a county jail sentence for any reason other than those described in paragraph A shall be ordered released. These sentences include, but are not limited to (1) a resentencing following a finding of a violation of probation in any Superior Court or municipal court, and (2) a county jail sentence not tethered to a 3 probationary sentence for a fourth-degree crime, disorderly persons offense, or petty disorderly persons offense in Superior Court. The custodial portion of the sentence shall be suspended until further order of this Court upon the rescission of the Public Health Emergency declared Executive Order No. 103, or deemed satisfied, at the discretion of the sentencing judge, after input from counsel. Jails shall process the release of inmates as efficiently as possible, understanding that neither immediate nor simultaneous release is feasible. C. Where the County Prosecutor or Attorney General objects to the release of an inmate described in Paragraph A, they shall file a written objection no later than 5:00 p.m. on Monday, March 23, 2020. Where the County Prosecutor or Attorney General objects to the release of an inmate described in Paragraph B, they shall file a written objection no later than 8:00 a.m. on Thursday, March 26, 2020. 1. The objection shall delay the order of release of the inmate and shall explain why the release of the inmate would pose a significant risk to the safety of the inmate or the public. 2. Written objections shall be filed by email to the Supreme Court Emergent Matter inbox with a copy to the Office of the Public Defender. 4 3. The Office of the Public Defender shall provide provisional representation to all inmates against whom an objection has been lodged under this Paragraph. 4. The Office of the Public Defender shall, no later than 5:00 p.m. on Tuesday, March 24, 2020, provide responses to any objections to release associated with inmates described in Paragraph A, as it deems appropriate. The Office of the Public Defender shall, no later than 5:00 p.m. on Thursday, March 26, 2020, provide responses to any objections to release associated with inmates described in Paragraph B, as it deems appropriate. 5. The Court shall appoint judge(s) or Special Master(s) to address the cases in which an objection to release has been raised. a. On or before Wednesday, March 25, 2020, the judge(s) or Special Master(s) will begin considering disputed cases arising from Paragraph A; on or before Friday, March 27, 2020, the judge(s) or Special Master(s) will consider disputed cases arising from Paragraph B. i. The judge(s) or Special Master(s) shall conduct summary proceedings, which shall be determined on the papers. In the event the judge(s) or Special 5 Master(s) conduct a hearing of any sort, inmates’ presence shall be waived. ii. Release shall be presumed, unless the presumption is overcome by a finding by a preponderance of the evidence that the release of the inmate would pose a significant risk to the safety of the inmate or the public. iii. At any point, the Prosecutor may withdraw its objection by providing notice to the judge(s) or Special Master(s) with a copy to the Office of the Public Defender. In that case, inmates shall be released subjected to the provisions of Paragraphs D-I. iv. If the judge(s) or Special Master(s) determine by a preponderance of the evidence that the risk to the safety of the inmate or the public can be effectively managed, the judge(s) or Special Master(s) shall order the inmate’s immediate release, subject to the provisions of paragraphs DI. 6 1. The Order of the judge(s) or Special Master(s) may be appealed on an emergent basis, in a summary manner to the Appellate Division. 2. Should a release Order be appealed, the release Order shall be stayed pending expedited review by the Appellate Division. 3. The record on appeal shall consist of the objection and response filed pursuant to this Paragraph. v. If the judge(s) or Special Master(s) determine by a preponderance of the evidence that risks to the safety of the inmate or the public cannot be effectively managed, the judge(s) or Special Master(s) shall order the inmate to serve the balance of the original sentence. 1. The Order of the judge(s) or Special Master(s) may be appealed on an emergent basis, in a summary manner to the Appellate Division. 7 2. Should an Order requiring an inmate to serve the balance of his sentence be appealed, the Appellate Division shall conduct expedited review. 3. The record on appeal shall consist of the objection and response filed pursuant to this Paragraph. b. The judge(s) or Special Master(s) should endeavor to address all objections no later than Friday, March 27, 2020. D. Any warrants associated with an inmate subject to release under this order, other than those associated with first-degree or second-degree crimes, shall be suspended. Warrants suspended under this Order shall remain suspended until ten days after the rescission of the Public Health Emergency associated with COVID-19. See Executive Order No. 103 (2020) (Mar. 9, 2020). E. In the following circumstances, the county jail shall not release an inmate subject to release pursuant to Paragraphs A, B, or C(5)(a)(iii) or (iv), absent additional instructions from the judge(s) or Special Master(s): 8 1. For any inmate who has tested positive for COVID-19 or has been identified by the county jail as presumptively positive for COVID-19, the county jail shall immediately notify the parties and the County Health Department of the inmate’s medical condition, and shall not release the inmate without further instructions from the judge(s) or Special Master(s). In such cases, the parties shall immediately confer with the judge(s) or Special Master(s) to determine a plan for isolating the inmate and ensuring the inmate’s medical treatment and/or mandatory self-quarantine. 2. For any inmate who notifies the county jail that he or she does not wish, based on safety, health, or housing concerns, to be released from detention pursuant to this Consent Order, the county jail shall immediately notify the parties of the inmate’s wishes, and shall not release the inmate without further instructions from the judge(s) or Special Master(s). In such cases, the parties shall immediately confer with the judge(s) or Special Master(s) to determine whether to release the inmate over the inmate’s objection. 9 F. Where an inmate is released pursuant to Paragraphs A, B, or C(5)(a)(iii) or (iv), conditions, other than in-person reporting, originally imposed by the trial court shall remain in full force and effect. County jails shall inform all inmates, prior to their release, of their continuing obligation to abide by conditions of probation designed to promote public safety. Specifically: 1. No-contact orders shall remain in force. 2. Driver’s license suspensions remain in force. 3. Obligations to report to probation officers in-person shall be converted to telephone or video reporting until further order of this Court. 4. All inmates being released from county jails shall comply with any Federal, State, and local laws, directives, orders, rules, and regulations regarding conduct during the declared emergency. Among other obligations, inmates being released from county jails shall comply with Executive Order No. 107 (2020) (Mar. 21, 2020), which limits travel from people’s homes and mandates “social distancing,” as well as any additional Executive Orders issued by the Governor during the Public Health Emergency associated with COVID-19. 10 5. All inmates being released from county jails are encouraged to self-quarantine for a period of fourteen (14) days. 6. Unless otherwise ordered by the judge(s) or Special Master(s), any inmate being released from a county jail who appears to be symptomatic for COVID-19 is ordered to self-quarantine for a period of fourteen (14) days and follow all applicable New Jersey Department of Health protocols for testing, treatment, and quarantine or isolation. G. County Prosecutors and other law enforcement agencies shall, to the extent practicable, provide notice to victims of the accelerated release of inmates. 1. In cases involving domestic violence, notification shall be made. N.J.S.A. 2C:25-26.1. Law enforcement shall contact the victim using the information provided on the “Victim Notification Form.” Attorney General Law Enforcement Directive No. 2005-5. a. Where the information provided on the “Victim Notification Form” does not allow for victim contact, the Prosecutor shall notify the Attorney General. 11 b. If the Attorney General, or his designee, is convinced that law enforcement has exhausted all reasonable efforts to contact the victim, he may relax the obligations under N.J.S.A. 2C:25-26.1. 2. In other cases with a known victim, law enforcement shall make all reasonable efforts to notify victims of the inmate’s accelerated release. 3. To the extent permitted by law, the Attorney General agrees to relax limitations on benefits under the Violent Crimes Compensation Act (N.J.S.A. 52:4B-1, et seq.) to better provide victims who encounter the need for safety, health, financial, mental health or legal assistance from the State Victims of Crime Compensation Office. H. The Office of the Public Defender agrees to provide the jails information to be distributed to each inmate prior to release that includes: 1. Information about the social distancing practices and stay-athome guidelines set forth by Executive Order No. 107, as well as other sanitary and hygiene practices that limit the spread of COVID-19; 12 2. Information about the terms and conditions of release pursuant to this consent Order; 3. Guidance about how to contact the Office of the Public Defender with any questions about how to obtain services from social service organizations, including mental health and drug treatment services or any other questions pertinent to release under this consent Order. I. Any inmate released pursuant to this Order shall receive a copy of this Order, as well as a copy of any other Order that orders their release from county jail, prior to their release. J. Relief pursuant to this Order is limited to the temporary suspension of custodial jail sentences; any further relief requires an application to the sentencing court. 13 3/22/2020 9:50 p.m. Date /s/Stuart Rabner Chief Justice Stuart Rabner, for the Court The undersigned hereby consents to the form and entry of the foregoing Order. 3/22/2020 Date /s/Gurbir S. Grewal Office of the Attorney General 3/22/2020 Date /s/Angelo J. Onofri County Prosecutors Association of New Jersey 3/22/2020 Date /s/Joseph E. Krakora Office of the Public Defender 3/22/2020 Date /s/Alexander Shalom American Civil Liberties Union of New Jersey 14 Exhibit K IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE 03/25/2020 IN RE: COVID-19 PANDEMIC ______________________ No. ADM2020-00428 ______________________ ORDER CONTINUING SUSPENSION OF IN-PERSON COURT PROCEEDINGS AND EXTENSION OF DEADLINES On March 13, 2020, in response to the COVID-19 pandemic, the Chief Justice of the Tennessee Supreme Court declared a state of emergency for the Judicial Branch of Tennessee government and activated a Continuity of Operations Plan for the courts of Tennessee. See Tenn. Const. Art. VI, § 1; Tenn. Code Ann. §§ 16-3-501 to 16-3-504 (2009); Moore-Pennoyer v. State, 515 S.W.3d 271, 276-77 (Tenn. 2017); Tenn. Sup. Ct. R. 49. This state of emergency constitutes a “disaster” for purposes of Tenn. Sup. Ct. R. 49 and Tenn. Code Ann. § 28-1-116. In light of ongoing concerns, the Tennessee Supreme Court hereby continues the suspension of in-person court proceedings and the extension of deadlines as set forth in this order. We again emphasize that the local and state courts of the State of Tennessee are open and will remain open under all circumstances, subject to the provisions of this order. Under the constitutional, statutory, and inherent authority of the Tennessee Supreme Court, we adopt the following provisions. All in-person proceedings in all state and local courts in Tennessee, including but not limited to municipal, juvenile, general sessions, trial, and appellate courts, shall be suspended from the close of business on Friday, March 13, 2020, through Thursday, April 30, 2020, subject to the exceptions below. Exceptions to this suspension of in-person court proceedings include, but are not limited to:  Proceedings necessary to protect constitutional rights of criminal defendants, including bond-related matters, preliminary hearings for incarcerated individuals, and plea agreements for incarcerated individuals  Proceedings related to relief from abuse, including but not limited to orders of protection  Proceedings related to statutory order of protection hearings after entry of an ex parte order as necessary to satisfy any due process concerns          Proceedings related to emergency child custody or visitation orders Proceedings related to the voluntary surrender of parental rights Settlements involving a minor or a person with a disability Department of Children’s Services emergency matters related to child safety, placement, permanency, or federal funding for children in foster care Proceedings related to petitions for temporary injunctive relief Proceedings related to emergency mental health orders Proceedings related to emergency protection of elderly or vulnerable persons Proceedings directly related to the COVID-19 public health emergency Other exceptions as approved by the Chief Justice The presiding judge or the designee of the presiding judge of each judicial district is authorized to determine the manner in which in-person court proceedings for the exceptions listed above are to be conducted. Other exceptions to the suspension of in-person court proceedings must be approved by the Chief Justice. Any permitted in-court proceedings shall be limited to attorneys, parties, witnesses, security officers, and other necessary persons, as determined by the trial judge. Judges and their staff shall ensure that social distancing and other such measures are strictly observed. For purposes of implementing procedural matters during this time, the provisions of Rule 18(c) of the Rules of the Tennessee Supreme Court are suspended to allow judges to issue general orders. Judges are charged with the responsibility of ensuring that core constitutional functions and rights are protected. Additionally, court clerks are charged with ensuring that court functions continue. See Tenn. Code Ann. §§ 18-1-101 (2009); 18-1-105 (Supp. 2019). Nevertheless, all judges and court clerks should minimize in-person contact by utilizing available technologies, including alternative means of filing, teleconferencing, email, and video conferencing. Any Tennessee state or local rule, criminal or civil, that impedes a judge’s or court clerk’s ability to utilize available technologies to limit in-person contact is suspended through Thursday, April 30, 2020. See, e.g., Tenn. R. Civ. P. 43.01. With respect to plea agreements for non-incarcerated individuals, this suspension expressly applies to those provisions of Tenn. R. Crim. P. 11 which otherwise would require the proceeding to be in person in open court. See, e.g., Tenn. R. Crim. P. 11(b)(1) and (2), 11(c)(2)(A). The presiding judge or the designee of the presiding judge of each judicial district shall develop a written plan to affirmatively address issues regarding the incarceration of nonviolent offenders in furtherance of efforts to reduce the jail population, including but not limited to bond reductions or eliminations, deferred sentences, and suspended sentences. The presiding judge or the designee of the presiding judge of each judicial district shall submit its plan to the Administrative Office of the Courts by the close of business on Monday, March 30, 2020, absent an extension granted by the Chief Justice. Judges’ offices and court clerks’ offices may limit in-person contact with the public during the period of suspension, but must remain functional. If it becomes necessary to close judges’ or court clerks’ physical offices during the period of suspension, these offices shall remain accessible by telephone, email and fax to the extent possible during regular business hours. If available, drop boxes should be used for conventionally filed documents. This order expressly encourages and does not prohibit court proceedings by telephone, video, teleconferencing, email, or other means that do not involve in-person contact. This order does not affect courts’ consideration of matters that can be resolved without in-person proceedings. Although some non-emergency matters will need to be rescheduled, judges are to continue to resolve matters that do not require in-person court proceedings. Court clerks are to work cooperatively and at the direction of the presiding judge of each judicial district to fulfill the clerks’ obligation to facilitate continuing court function. Deadlines set forth in court rules, statutes, ordinances, administrative rules, or otherwise that are set to expire during the period from Friday, March 13, 2020, through Tuesday, May 5, 2020, are hereby extended through Wednesday, May 6, 2020. Statutes of limitations and statutes of repose that would otherwise expire during the period from Friday, March 13, 2020, through Tuesday, May 5, 2020, are hereby extended through Wednesday, May 6, 2020. See Tenn. Code Ann. § 28-1-116 (2017). Deadlines, statutes of limitations, and statutes of repose that are not set to expire during the period from Friday, March 13, 2020, through Tuesday, May 5, 2020, are not extended or tolled by this order. With regard to notarizing documents at this time, attorneys and judges are encouraged to utilize the “Online Notary Public Act,” Tenn. Code Ann. § 8-16-301, et seq., and the regulations promulgated by the Secretary of State at Sec. of State, Tenn. R. and Reg. 1360-07-03-.01. Additionally, with regard to court filings, declarations under penalty of perjury may be used as an alternative to a notary. Given the increasing economic issues caused by this pandemic, no judge, clerk, or other court official shall take any action to effectuate an eviction, ejectment, or other displacement from a residence during the effective dates of this order based upon the failure to make a rent, loan, or other similar payment absent extraordinary circumstances as determined by a judge in a court of competent jurisdiction. Nothing in this order affects the obligations, terms, or conditions for payment under existing contracts. Judges also are encouraged to work with court clerks and local law enforcement to develop policies severely limiting or eliminating any new garnishments during this time. Orders of protection and temporary injunctions that would otherwise expire during the period from Friday, March 13, 2020, through Tuesday, May 5, 2020, are hereby extended through Wednesday, May 6, 2020. This order applies statewide to all courts and court clerks’ offices except administrative courts within the Executive Branch and federal courts and federal court clerks’ offices located in Tennessee. Under the terms of this order, the courts of Tennessee remain open, consistent with the Judicial Branch’s obligation to mitigate the risks associated with COVID-19. Judges should work with local law enforcement and other county officials to ensure that, to the extent possible, courthouses remain accessible to carry out essential constitutional functions and time-sensitive proceedings. This order is intended to be interpreted broadly for protection of the public from risks associated with COVID-19. It is so ORDERED. FOR THE COURT: _________________________ Jeffrey S. Bivins, Chief Justice CooLbG (LAI< _________________________ Cornelia A. Clark, Justice cka.04, oze,_ _________________________ Sharon G. Lee, Justice _________________________ Holly Kirby, Justice _________________________ Roger A. Page, Justice Exhibit L DECLARATION OF REV. DR. T. ANTHONY SPEARMAN I, Rev. Dr. T. Anthony Spearman, hereby declare as follows: 1. I am the elected President of the North Carolina State Conference of the National Association for the Advancement of Colored People (“NC NAACP”), a position I have held since October 2017. I am a U.S. citizen, resident of Greensboro, North Carolina, and a registered voter. I am over eighteen years old and competent to testify. 2. I earned my Bachelor of Science Degree Summa Cum Laude from Mercy College in Yonkers, N.Y.; a Master of Divinity Degree Magna Cum Laude from Hood Theological Seminary in Salisbury, N.C.; and a Doctor of Ministry from the United Theological Seminary in Dayton, Ohio. 3. As President of the NC NAACP, my responsibilities include presiding at all meetings of the NC NAACP, acting as Chair of the Executive Committee, implementing appointive powers over non-elected offices of the NC NAACP, and exercising all general executive authority on behalf of the NC NAACP, subject to ratification by the Executive Committee, including serving as spokesperson, and directing programmatic advocacy, legal, and operational priorities of the NC NAACP. 4. I have been a member of the NAACP for over fifty years. Prior to my current role as President of the NC NAACP, I served in a leadership capacity for the NC NAACP for approximately 12 years. Between 2011-2017, I served as third Vice President of the NC NAACP State Executive Committee. Before that, under immediate past NC NAACP President Rev. Dr. William Barber II, I served as the Chair of NC NAACP Religious Affairs Committee, two years as Education Chair, and two years as President with the Hickory Branch NC NAACP. 2 5. I have personal knowledge of the matters set forth in this declaration, except for those matters identified as based on information and belief, and if called upon to do so, could and would competently testify thereto. Overview of the NC NAACP’s Mission 6. The National Association for the Advancement of Colored People (“NAACP”) was founded in 1909 and is the nation’s oldest, largest, and most widely recognized grassroots-based non-profit civil rights organization. The NAACP’s mission is to ensure the rights of all persons to political, educational, social, and economic equality, and to eliminate racial discrimination. 7. The NC NAACP is a nonpartisan nonprofit civil rights organization founded in 1938, with its principal place of business located in Greensboro, North Carolina. With more than 90 active branches and over 20,000 individual members throughout the state of North Carolina, the NC NAACP is the largest NAACP conference in the South and the second largest conference in the country. 8. The fundamental mission of the NC NAACP is the advancement and improvement of the political, educational, social, and economic status of minority groups; the elimination of racial prejudice and discrimination; the publicizing of adverse effects of racial discrimination; and the initiation of lawful action to secure the elimination of racial bias and discrimination. 9. As part of its central mission, the NC NAACP frequently litigates in court in order to vindicate the rights of its members, the communities of color that it serves, and North Carolinians generally. 10. The NC NAACP advocates for smarter, results-based criminal justice policies to keep our communities safe, including treatment for addiction and mental health problems, judicial discretion in sentencing, and an end to racial disparities at all levels of the system. 3 11. The NC NAACP seeks to eliminate harsh and unfair sentencing practices that are responsible for mass incarceration and racial disparities in the prison system. 12. African Americans are incarcerated at more than five times the rate of whites; and the imprisonment rate for African-American women is twice that of white women. Although African Americans and Latinx individuals make up approximately 32% of the U.S. population, they comprised 56% of all incarcerated people in 2017. 13. The NC NAACP is also committed to eliminating barriers for formerly incarcerated individuals, including the restoration of voting rights, the removal of barriers to employment, and the removal of barriers to receive housing and financial aid. 14. As part of the NC NAACP’s “14-Point People’s Agenda” for 2020, we have advocated for abolishing the racially-biased death penalty and mandatory sentencing laws, and reforming our prisons. The Action Steps that we recommended in furtherance of this agenda include enacting the reform recommendations of the NC Sentencing Commission, funding alternate sentencing programs, and dramatically expanding services to prisoners re-entering society. We also endorse and support the NC Second Chance Alliance’s agenda for reform. Advocacy for Wrongfully Convicted Individuals 15. The NC NAACP advocates for those who have been wrongfully convicted of crimes they did not commit. We are working with coalition partners to further this work so that our communities do not continue to suffer the loss of family members and friends who were wrongfully convicted. 16. In the past, we have advocated for numerous individuals who were wrongfully convicted of crimes they did not commit, including Dontae Sharpe, Kalvin Michael Smith, Darryl Hunt, James Johnson, Glen Edward Chapman and the Wilmington Ten. 4 17. We are currently working on behalf of Ronnie Long, a man from Concord, North Carolina who has been in prison for 44 years for a crime he maintains that he did commit. (See “Concord Man Serving for Crime He Didn’t Commit Has to Wait Longer for Appeal Due to COVID-19,” https://www.wcnc.com/article/news/investigations/investigators/concord-manserving-crime-says-didnt-commit-longer-for-appeal-covid-19/275-12d01a15-89a3-45ec-831fb490103ba809) 18. New evidence has emerged in Mr. Long’s case which supports his claim of innocence. As recently as 2015, his attorneys learned of 43 fingerprints that Concord Police collected from the rape scene but never shared; and these fingerprints did not belong to Mr. Long. 19. On March 16, 2020, the United States Court of Appeals for the Fourth Circuit granted Mr. Long’s petition for a rehearing en banc of his case. Mr. Long’s appeal was set for argument in the Fourth Circuit, but this argument has now been postponed due to the COVID-19 pandemic. 20. While Mr. Long awaits his hearing in front of the Fourth Circuit, he remains incarcerated at the Albermarle Correctional Institution in Stanly County, North Carolina. 21. Mr. Long is a 64-year old man and has complex underlying medical conditions, both of which put him at greater risk for contracting COVID-19. Impact on NC NAACP and its Members 22. The continued confinement of at-risk prisoners during the COVID-19 pandemic will cause substantial and irreparable harm to both the NC NAACP and its members, who include people who are formerly and currently incarcerated and their family members, and to the North Carolinians to whom our organization provides assistance. 5 23. The NC NAACP has already expended significant, precious staff time and organization resources to support those who are currently and formerly incarcerated in the State of North Carolina. 24. For example, on March 24, 2020 NC NAACP publicly advocated for the Governor to address the impending crisis in North Carolina prisons. (See Exhibit A. NC NAACP Letter to Governor Cooper). In that letter, NC NAACP urged the Governor to take targeted, bold, and immediate action to prevent the unnecessary human suffering that will result if North Carolina does not rapidly accelerate the implementation of a smart, integrated strategy to protect people currently incarcerated in our state from the spread of the novel, and lethal COVID-19 virus. To enact the comprehensive strategy on the timetable necessary to have a demonstrable impact on public health outcomes and to ensure public safety, NC NAACP requested that the Governor immediately appoint a COVID-19 Justice System Response Special Master/Coordinator to lead an integrated executive branch response, to issue clear guidance to other actors in the state, and to take swift actions necessary to protect people currently incarcerated most vulnerable. 25. Additional requests NC NAACP made to the Governor at that time included: (1) Ensure and monitor the need for and access to hygiene resources, health care services, and soap and hand sanitizers effective against COVID-19 transmission in all prisons, jails, and detention centers in the state of North Carolina; (2) Immediately oversee a program of emergency commutation of sentences for elderly and otherwise vulnerable people, including those with compromised immune systems and complex medical issues imprisoned in North Carolina; (3) Expedite mass medical release of those permanently disabled, geriatric, or terminally ill through the Department of Public Safety’s Home Leave program and Transition Services;(4) Expedite decisions and review of people eligible for parole, particularly those over 65 years of age, pregnant 6 women, parents of small children, the elderly, and chronically ill in our prisons who present a low public safety risk. (5) Provide targeted guidance and resources specific to supporting the needs and vulnerabilities of youth in detention at this time, and provide guidance to support an accelerated intervention in our jails, where we know those who are detained pre-trial, people who have not been convicted of any crime, make up a disproportionate and vast number of those imprisoned. 26. In the absence of immediate mandamus relief, the NC NAACP will continue to be harmed by having to divert its limited resources away from its central mission and efforts to advocate for the health and safety of those incarcerated during the COVID-19 pandemic. 7 ATTACHMENT 1 March 24, 2020 The Honorable Roy Cooper North Carolina Office of the Governor 20301 Mail Service Center Raleigh, NC 27699-0301 Via US Mail & Personal Delivery Dear Governor Cooper: I write to you in this unprecedented time, to express the position of the NC NAACP State Conference in support of safety and lives of all those who are currently incarcerated in North Carolina’s prisons, jails, and detention centers. We applaud your actions to declare a state of emergency on March 6, 2020, to issue Executive Order 116 and ongoing guidance, and to demonstrate your commitment to ensuring safety of North Carolinians in this time of crisis. We now urge you to take targeted, bold, and immediate action to prevent the unnecessary human suffering that will result if North Carolina does not rapidly accelerate the implementation of a smart, integrated strategy to protect people currently incarcerated in our state from the spread of the novel, and lethal COVID-19 virus. To enact the comprehensive strategy on the timetable necessary to have a demonstrable impact on public health outcomes and to ensure public safety, we ask today that the Governor immediately appoint a COVID-19 Justice System Response Special Master/Coordinator to lead an integrated executive branch response, to issue clear guidance to other actors in the state, and to take swift actions necessary to protect people currently incarcerated most vulnerable. This coordinator, if resourced properly, could speed quick collaboration with experts and nongovernmental advisors to ensure North Carolina ultimately leads the nation in protecting people imprisoned, clinical, custodial, and other workers, who are performing necessary duties, and their communities and family members, from the spread and impact of this disease. Without further decisive and immediate action, experts from across the nation, and here in North Carolina predict that we are in danger of a severe, devastating spread of the disease in our over-crowded prisons and jails. We cannot allow that fate to meet our people, and as people of faith we are called to speak up at this time as we see the tidal wave of pain on the horizon. We ask that this appointment be immediately made with clear instructions to urgently initiate an expedited and centralized COVID response process in North Carolina’s justice system, to respond to resource-support requests, including data sharing and increased re-entry service support to successfully implement necessary risk-reduction strategies, and where appropriate, to issue and share guidance with appropriate offices of NC government at every level of government charged with responding to this crisis in the context of our criminal justice system. As your office is well-aware, state and federal guidance currently available indicates that COVID-19 poses the greatest risk of death to the elderly as well as to those who are immunocompromised, suffer from diabetes, chronic obstructive pulmonary disorder and other lung conditions, high blood pressure, and those with cancer. We believe the office of the Governor must give directives and take action focused on the following priority areas: (1) Ensure and monitor the need for and access to hygiene resources, health care services, and soap and hand sanitizers effective against COVID-19 transmission in all prisons, jails, and detention centers in the state of North Carolina; (2) Immediately oversee a program of emergency commutation of sentences for elderly and otherwise vulnerable people, including those with compromised immune systems and complex medical issues imprisoned in North Carolina; (3) Expedite mass medical release of those permanently disabled, geriatric, or terminally ill through the Department of Public Safety’s Home Leave program and Transition Services; (4) Expedite decisions and review of people eligible for parole, particularly those over 65 years of age, pregnant women, parents of small children, the elderly, and chronically ill in our prisons who present a low public safety risk.1 (5) Provide targeted guidance and resources specific to supporting the needs and vulnerabilities of youth in detention at this time, and provide guidance to support an accelerated intervention in our jails, where we know those who are detained pre-trial, people who have not been convicted of any crime, make up a disproportionate and vast number of those imprisoned. 1 As detailed in a letter sent by a coalition of partners last week who we work closely with and whose recommendations we support, Article III, Section 5 of the North Carolina Constitution grants the Governor authority to commute sentences for any crime other than impeachment; N.C. Gen. Stat. 15A-1369 authorizes the release of people permanently and totally disabled or geriatric (over 65 and suffering from chronic infirmity), and incapacitated to the extent that they do not pose a public safety risk; and, under N.C. Gen. Stat. § 148-4, incarcerated persons who are permanently and totally disabled can be considered for alternate places of confinement, including a relative’s home. Under this statute, incarcerated individuals can be authorized, under prescribed conditions, to leave the confines of prison unaccompanied by a custodial agent to participate in home leave, pre-release, and after-care programs for a prescribed period of time. In all these cases, you or the Secretary of DPS may prescribe conditions of release for a prescribed period. For over 110 years, the NAACP has been dedicated to ensuring the rights of all persons to political, educational, social, and economic equality, and to eliminate racial discrimination. In North Carolina, the NC NAACP is committed to transforming the discriminatory pipeline and systemic conditions that have resulted in over-incarceration that disproportionately harms people of color and our communities. Now we are additionally committed to amplifying the universal spirit of service that is emerging from our members across this state, and people all across this nation and world responding to this crisis. As our community continues to take actions to address the public health emergency upon us, we will continue to advocate for and keep central those with the least control over their circumstances, and those most vulnerable, including our children, our elders, those living with disabilities or in compromised health, those who are pregnant during this health crisis, those already living in the grips of poverty and economic insecurity, those who are performing essential services in our communities, risking exposure every day, and those who are imprisoned without power to determine how to protect themselves. It is to these voices and these families, that we are indeed, called to be the staunchest advocates alongside, and that we stand with in this time. We stand also with all those leaders in this time who are willing to take decisive action to stem the tide of this pandemic. If we can be of further service to you as you consider your comprehensive response to the safety of those who work within the justice system and those who are incarcerated in North Carolina prison, jails, and detention centers, we stand at the ready. Yours in Truth and Justice, /s/ Rev. Dr. T. Anthony Spearman Rev. Dr. T. Anthony Spearman President, North Carolina NAACP