Meanwhile, COVID-19 continues to spread throughout the country. Public health officials recommend isolation, social distancing, and frequent hand-washing to prevent the spread of the novel coronavirus. They certainly don’t recommend inhalation of chemical agents like tear gas and pepper spray, which are being used liberally against protestors. Protestors put in jail and incarcerated people held in prisons are not given options to isolate or maintain recommended hygiene practices to protect themselves from coronavirus.

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Mutual aid — people coming together to meet basic needs that aren’t being met by our current government or other systems — is a critical part of the response to the police killings of George Floyd, Breonna Taylor, and so many other Black people. It can include money, time, or resources, and is a political act of solidarity amongst individuals and communities, rather than charity. People on the outside are coordinating rapid-response bail funds; providing jail support to find out where arrested protestors are taken, arranging bail if applicable, and waiting for their release; and fundraising for injured protestors. Monetary support like GoFundMe fundraisers to pay for medical bills, safe houses, and other forms of care are “a way to be there for our people, to build community, and to ensure that people are cared for,” according to Micah Herskind, an Atlanta-based organizer and writer. “I think jail support is another way to live out the abolitionist truth that ‘we got us.’ It’s also saying that there’s a role for everyone in the struggle — some will be in the streets, some will be doing support from home, some will be at the jail to welcome those who are released.”

According to abolitionist Mariame Kaba, “Mutual aid is not new […] It’s basic survival work that relies on the fact that human beings are interdependent.” She pointed to this chart created by Dean Spade as a way to show the important differences between mutual aid and charity, including the fact that mutual aid is an effort to flatten hierarchies without expectation of anything received in return. According to Spade, where charities and NGOs have high costs to operate and must follow government regulations, mutual aid is volunteer-powered, resisting the government’s efforts to “regulate or shut down activities.” K, a Black nonbinary organizer in Brooklyn, echoed this: “Mutual aid is so effective because it works outside of the bureaucracy of the nonprofit industrial complex. People have more control and autonomy over how aid is distributed and used, and also because mutual aid contains a political education component, longer-term relationships are built.” When it comes to mobilizing resources to support detained protestors, it also means having the speed to respond with the urgency the situation demands.

Mutual aid, however, extends beyond short-term, urgent needs. Many protestors and organizers realize that the murders of Black people at the hands of the police are just one part of a very violent system and many of those working to help protestors normally support incarcerated people. Incarceration is another violent — and often deadly — form of oppression for Black and brown people, and as with the protests, K notes, coronavirus has complicated the response.

Due to stay at home orders, mailing checks and visiting the post office have to be done “strategically” and loved ones can’t visit their family or friends in prison. Even when mail can be sent out, K said “prisons are limiting people’s access to mail and lying about it.” Morale is low on the inside, where some people “are being forced to stay inside their cells for 23 hours a day.” People on the outside are struggling with lost jobs and access to resources, but “with the help of our comrades on the inside,” K said they are doing their best. Amani Sawari, the statewide coordinator of the Michigan Prisoner Rehabilitation Credit Act, knows this well. Sawari is fundraising to help incarcerated people access prevention products like hand soap and disinfectant, putting money in people’s commissaries to get around Michigan Department of Corrections’ very restricted mailing. Sawari said it is integral “that the community step up in order to provide these materials to people in prison.” In New York, Survived and Punished NY and the Inside/Outside Soap Brigade similarly began a combined grassroots fundraising effort to send commissary money to incarcerated people while continuing decarceration efforts. They stress the importance of direct monetary aid because of the mail, movement, and other restrictions due to COVID-19.

In addition to bail out funds for protestors, a COVID-19 Bail Out Fund has been organized to get people out of New York City jails if they cannot afford to pay bail. Many people held in jails haven’t even been convicted of a crime, but are trapped inside because bail can often be unaffordable. In fact, the vast majority of people in jails — nearly 500,000 people — are held there in pre-trial detention. Release Aging People in Prison’s Melissa Tanis points out there are a large number of people who could be released immediately, regardless of innocence. Families and Friends of Louisiana’s Incarcerated Children (FFLIC) Co-Founder and Executive Director, Gina Womack, explains they are advocating releasing youth from detention, where outbreaks have unfortunately already begun. Womack stresses that “[D]uring a crisis, the facilities could be put on lockdown. In the aftermath of Katrina, when prison staff couldn’t get to work, youth went without food and sanitation for days.” If a similar situation arose due to COVID-19, the results would be inhumane and devastating to incarcerated youth.

Rapid-response mutual aid is necessary for the survival of incarcerated people, and taking to the streets to prevent further incarceration and police violence remains of the utmost importance. That said, while the ultimate goal is decarceration, it’s heartening to see the swift action of organizers in response to crises. Faced with unprecedented challenges during both a global pandemic and a national movement, “communities are coming together to act where the government refuses to,” according to K.

During that time some of us did push-ups, others laid on their cots and read, some used the time to write letters or look at their legal work; a few napped, and most of us did a mixture of them all until the jail unilaterally decided that it was safe for us to come back out.

Social isolation is the current fate of most people in this country, and we are all tussling with the dual stressors of our newfound isolation and fear of the virus. But the millions of people in jails throughout the U.S. who can’t afford bail are facing a form of isolation that’s much more severe. If you think it’s hard to share your apartment with your spouse, trying stepping into your bathroom for the next two weeks, along with hundreds of other people, all while a pandemic is preventing your family from being with you during this time of crisis. And that’s just to get your day in court.

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Even before the current crisis, states like Alaska, California, and New Jersey had taken the humane position of ending cash bail, so that those awaiting trial no longer have to pay up in order to leave jail while they wait to see if they are proven guilty or innocent. New York followed suit in January, but rolled back key bail reforms last week via a budget package.

Now that the country is battling coronavirus, it’s even more important to end cash bail. Jails are full of public health hazards: A large number of people share a small space, often with limited access to soap, so infectious diseases can spread rapidly. In addition, the prison population is aging quickly — the number of incarcerated people over 55 has ballooned by 400 percent since 1993 — increasing the risk of serious illness. Holding people before trial increases the likelihood that they’re exposed to the novel coronavirus, making them more likely to spread COVID-19 in the prison and after their release.

We’re already seeing this spread take place. As of April 6, more than 600 prisoners and staff members at Rikers Island have tested positive for COVID-19. Four staff members and one incarcerated person have died. Nearly 300 prisoners and staff have tested positive in Cook County, Illinois, and at least two two inmates have died of the virus in Louisiana. And while some cities, like Los Angeles, are responding by releasing, the Federal Bureau of Prisons has opted to place all 167,000 federal prisoners under lockdown. While the world is in search of a vaccine, the commonsense reaction would be to reduce places of contagion.

Still, some are opposed to bail reform, citing a jump in crime numbers from the first two months after New York ended the practice as evidence of the need to repeal bail legislation. Lawmakers in Alaska attempted to roll back their bail reform legislation after just a couple of months. Law enforcement and the bail bonds industry have mounted claims of an uptick in crime in the brief implementation of the new laws. Their underlying argument is that the world of criminals has been studying new bail laws and conspired to take advantage by committing more crimes while awaiting their day in court. Lies and fear cajole the public into believing that bail reform is criminal justice reform going too far. Even progressive Democrats backpeddled.

Less than six months is not enough to prove ending money bail causes any increase in crime.

New Jersey ended cash bail in 2017 and has seen major crime and pretrial populations fall by double-digit percentages. Offenses like robbery and homicide are down by 30 percent, and there were “6,000 fewer people incarcerated under criminal justice reform on October 3, 2018 compared to the same day in 2012.”

But now those statistics are backed with something: The tiniest shred of experience. The country has gone through self-imposed quarantines, governmental prohibitions on gatherings of groups larger than 10, and containment zones that could make it easier to understand the experience of incarceration even without studying those numbers.

Should innocent until proven guilty people, like you, be isolated in a cage?

Have we forgotten the motivation behind bail reform in America? A 16-year old child, Kalief Browder, committed suicide because of the trauma associated with his indigence. He spent two years in jail because he could not afford bail. Prison beat his soul physically and emotionally. The country was horrified. Jay-Z made a documentary about him. There was a collective awakening that the concept of money bail was an arcane law that penalized poor people who came into contact with the criminal legal system. Elected officials were championing the cause for bail reform. And yet for some reason, we stopped.

The inhumanity of the notion that bail reform will be rescinded, especially in the era of COVID-9, should compel us to question our civil society. We should want fewer people contained in the petri dish of incarceration in order to prevent the spread of the disease, and in order to prevent people who literally cannot escape their surroundings from being infected. There’s simply no reason to be holding people in cells where they could contract the disease simply because they are too poor to get out.

Humans are not viruses. And no segment of humanity should be considered dispensable, convicted or not. Ending money bail is efficient and humane and should be allowed more than a just a few months to prove its overall success.

Like any curious 14-year-old, I asked, “Why they let you go?” She responded with an undertone of cynicism: “They said they need to downsize, so they let me go.”

“Mommy, what does downsize mean?”

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Since my overly expensive degree in Organizational Behavior from NYU, I’ve learned that not all downsizing is as bad as what happened to my mother.

According to the Harvard Business Review, proponents of downsizing argue that it is an effective strategy, with benefits such as increased performance and sales. Stepping out of Business 101 is decarceration, the downsizing of incarceration to reduce the scale and reach of the criminal justice system. It’s time to start now, especially as violent crime is down in most cities and lawmakers weigh the decriminalization of many offenses, such as drug possession/use and sex work.

Downsizing means police should not be mental health first responders. They need mental health treatment. They need help. Police officer suicides in 2018 were the highest ever, with 228 officers dying by suicide. Chuck Wexler, executive director of the Police Executive Research Forum, believes the 228 number “is undoubtedly underreported.” Probation and parole officers are not substance abuse counselors or employment specialists.

And all of this is okay because we don’t need them to be. They just need to get themselves healthy, and rightsizing should be an option. We already have proficient social workers, mental health professionals, substance abuse counselors, and employment specialists who are not utilized enough or funded appropriately.

The criminal justice system is a discordant machine of more than 55,000 criminal justice-related agencies nationwide inclusive of police, courts, district attorney offices, jails, prisons, parole and probation boards, and ecarceration. I’m sure I’ve missed a few here, but the point is that America’s criminal justice reform intoxication should include more than reducing the number of people in prisons or the amount of lockups closed: It should mean fewer institutions of incarceration, too.

Downsizing in this context means relieving some institutions of their duties and giving them a severance package that will allow them to take care of their own house.

Our tax dollars pay the bill of more than $270 billion to keep the criminal justice system intact. If the criminal justice system were a country, it would be 41st on the GDP tally of 186 countries. We — and I mean “we,” because “We, the People” allow for this profane, ineffective, and inefficient use of resources — currently have open-air incarceration, where about 4.5 million people live under some form of community supervision, alongside the 2.3 million people in prisons. We spend $29 billion on the federal law enforcement budget (#99 on the GDP tally). We have 70 million people in the U.S., not incarcerated, but living freeish with a criminal conviction.

Amid this display of laissez-faire governance, there is progress to soberly consider. Bail reform in several states is decreasing the debtor’s prison construct. Restorative justice models are sprouting up across the country, effectively decreasing exposure to all points of the criminal punishment system. Progressive judges like Victoria Pratt “sentenced” people who came before her court to write essays, instead of lockup. Law enforcement administrators from across the country have been meeting as Executives Transforming Parole & Probation (EXiT) to operationalize the downsizing of their reach and their caseloads. In their “Statement on the Future of Probation & Parole in the United States,” they assert: “As people who run or have run community supervision throughout the country and others concerned with mass supervision, we call for probation and parole to be substantially downsized, less punitive, and more hopeful, equitable and restorative.”

Several years ago, when I was a violence interrupter for the Cure Violence program in Brooklyn, New York, I spoke at an intimate convening of community residents, police, and elected officials. During my comments, I said my job is to figure out ways to put myself out of work. My work was to reduce shootings in the area of Brooklyn where the violence interrupter program operated. Even then, I understood that any person or institution engaged in intervention work should hope that their interventions are no longer needed. The criminal justice system is an operation of interventions ostensibly created to deal with violations of the societal contract. Because of the disproportionate use of these interventions on Black, Brown, Indigenous, and Asian Pacific Islander populations, we understand that we have a racialized system of control.

White supremacy aside for a moment (as if it is ever possible to put the ideology of white supremacy in timeout), the 55,000 agencies of the criminal punishment system, e.g., the courts, law enforcement, and community supervision, should keep a humbling view of themselves.  They should be working to put themselves out of business. They need to see downsizing as a means to community efficacy.

Since my mother’s untimely dismissal from her job, our family figured it out, like most working-class families. We pooled our resources together. My mother still has a few choice four-letter words in her Trinidadian accent to describe the process of being laid off. I assume the 55,000 criminal justice agencies will also have a vulgar reaction to real downsizing. But I am sure those of us in communities that are involuntarily cuffed to the criminal punishment system will also find a way to pool our resources together to create safe neighborhoods we all deserve.

The conditions that led to the riot were nothing new. MCCC was designed to hold 301 people, but at the time was packed with over 400. The jail has a history of chronic overcrowding; in 2016 the American Civil Liberties Union of Hawaii filed a complaint that named MCCC as the most “egregiously overcrowded” on the islands, to the point that it was unsafe. Among other issues, the report notes that it was common for three, four, or sometimes five people to be placed into cells designed for two, forcing them to sleep on the floor among roaches and rats, sometimes with their heads beneath the toilet.

Tempers were strained by other issues, as well. Anonymous whistleblowers told The Maui News about undersized, nutritionally insufficient meals, and last year, the facility was fined more than $16,000 for failing to maintain a functioning fire alarm system. The phones — which often serve as the sole connection to incarcerated people’s children, partners, and other family — were chronically broken. “And mail,” Sam said, “we’d get [letters] that were weeks and weeks and weeks postdated, or never, ever get them; they’d just get sent back.”

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On March 11, 2019, some of the people detained at MCCC began complaining to the guards. It started as a typical, minor confrontation, but this time they’d had enough of being ignored. When a guard ordered everybody back to their cells, several detainees refused. And then they did more than refuse. They began by throwing chairs at windows, smashing computers, and stacking together toilet paper rolls and other flammable items. Overbooked and understaffed, the situation quickly became more than the guards could control. Soon, there was a fire. Detainees report being locked in cells while the module burned, their guards nowhere to be seen. Fire sprinklers worked only sporadically. Smoke filled the cells, blindingly thick. Sam said he was able to escape to an outdoor recreational area, but when he and several others arrived, police negotiators yelled at them to go back inside and leave through the emergency exit, or face escape charges. But according to Sam, those emergency exit doors were jammed.

Eventually the fire was doused, but detainees then had to contend with police in riot gear, who were beating people, sometimes after zip-tying them, according to the reports given to The Maui News. Once the riot was settled, people jailed in the facility were sent back to the same cells that had just been trashed. Many had no access to working toilets. Sam’s mattress was gone. Eventually he passed out on the concrete floor, succumbing to sheer exhaustion.

In the month after the riot, two inmates escaped from the facility through a broken door. MCCC has not stopped housing people, not even for repairs, which include fixes for smoke-stained walls and replacement beds, chairs, tables, and kitchen equipment. One module had to be decommissioned due to the damage; the people housed inside were relocated to other areas of the facility, which are now even more crowded than they were prior to the riot.

When asked for comment, a prison official told TalkPoverty “The disturbance at the Maui Community Correctional Center (MCCC) is under investigation and internal review by the Department of Public Safety. There is nothing further we will be discussing about the on-going investigation at this time.”

The damages are expected to cost 5.3 million dollars, much more than it would have cost to fix the phones or provide sufficient meals to the people housed in the facility. National estimates place the cost of feeding incarcerated people at around $2.62 per person per day; raising that figure by a full dollar would not bring MCCC’s food budget, at capacity, to even half a million dollars. And phone calls, which cost money to detainees and their families, are a highly profitable industry in the corrections world, which means those phones essentially pay for their own repairs. What happened at MCCC is an extreme, dramatic example of the deleterious effects of overcrowding within correctional facilities, but the core issue is one that quietly affects pretrial jails and prison facilities across the nation.

Last April, guards were so overwhelmed by a riot in a South Carolina maximum-security prison that they waited more than four hours to enter the building, leading to the deaths of seven inmates. A 2017 riot in Delaware that led to the death of a corrections officer has also been attributed to overcrowding and understaffing. And earlier this year, the U.S. Department of Justice deemed Alabama state prisons for men were in violation of the Constitution due to severe overcrowding that led to physically and emotionally dangerous conditions. Some evidence suggests overcrowding may even be linked to a rise in the use of solitary confinement.

Overcrowding can manifest in everyday deprivations, like the denial of visitation, vocational and rehabilitation programs, and appropriate medical care. And it stems from laws and policies that target vulnerable populations. There are laws targeting transient and low-income people, such as panhandling, loitering, and public camping ordinances. Then there are those which could theoretically affect anyone, but somehow tend to target the poor anyway. Drug laws, for example, disproportionately affect people like Sam; addicted, cash strapped and in need of medical treatment. Sometimes people can be incarcerated for months simply for carrying a used syringe or a baggie with stray powder.

Those laws are paired with the cash bail system allows wealthier people to pay their way out of jail pending trial, and leaves those with less economic means — about 460,000 people, or one-quarter of all incarcerated people —  behind bars. People who face pretrial detention are more likely to be convicted, usually through a guilty plea.

When people are picked up on allegations that are essentially the result of deprivation — whether of food, housing, or appropriate medical care — and can’t make bail, they languish in correctional facilities until those facilities become stretched beyond capacity. Because these laws essentially target people for activities of necessity — for example, sitting on a sidewalk — they lead to overzealous arrests of people who don’t have the money to bond out. Too often, the crimes that land people in jail stem from an acute need for mental health or substance use services —the exact type of care that these facilities are unable to adequately provide.

What took place in Maui is only one example of a nationwide issue. Across the country, cash bail practices along with anti-drug user and anti-loitering laws continue to funnel people through an already overloaded system, increasing the cost demand on facilities to provide for the basic needs of the people housed inside. The result is hundreds of thousands of people crammed into jails and prisons that are unsafe, unhealthy, and, quite possibly, unconstitutional.

Editor’s note: When requested, names have been changed to allow people to talk more freely about their experiences behind bars.

Numerous law enforcement officials, prosecutors, lawmakers and local media outlets have been strong opponents of the elimination of cash bail, which is the payment required from a defendant in return for being released from jail as they await trial. The fiercest resistance to change has come from the powerful for-profit bail bond industry.

This $2 billion industry, which makes most of its earnings by exploiting low-income defendants stuck in desperate situations by shaking them down for steep and sometimes illegal fees in return for a loan that can be used to pay bail, has been using misinformation and fear tactics to combat cash bail reforms. One industry group even posted on Facebook that reforming the cash bail system means “every night is purge night,” an allusion to the popular horror films in which crime is legalized.

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However, the results are in from the long-awaited criminal justice report by New Jersey’s Administrative Office of the Courts, and it’s clear that the Garden State did not devolve into lawless chaos because of bail reform. Instead, crime rates in New Jersey have been plummeting ever since the reforms were implemented in 2017, with violent offences such as homicide and robbery down by more than 30 percent.

The report proves that concerns about large numbers of defendants committing crimes while released and failing to show up for trial were unwarranted. State court officials say that the differences before and after the state’s bail reform are statistically insignificant — there was a 3.3 percentage point increase in the number of defendants who failed to appear in court, and a 1 percentage point increase in the number of defendants who were charged with a new crime while released and awaiting trial. The report states that that “because of certain challenges in compiling data from 2014, small changes in outcome measures should be interpreted with caution and likely do not represent meaningful differences.”

The positive impacts are much more noteworthy. According to a statement by Superior Court Judge Glenn A. Grant, acting administrative director of the New Jersey courts, “New Jersey’s jail population looks very different today than it did when the idea of reforming the state’s criminal justice system first took hold.” The state’s overall pretrial population, which consists of detainees who have not been charged with a crime, has declined by 44 percent. That amounts to 6,000 fewer people incarcerated in 2018 compared to 2012.

This means that thousands of defendants who have not been convicted of a crime and are presumed innocent under the law will be free to remain with their families and their community while they await their day in court. Under the previous system, low-income defendants would see their lives fall apart as they lost their job, housing, or even their children simply because they could not afford to pay bail.

On the other side of the spectrum, violent yet wealthy defendants will no longer be able to use their resources to walk free when facing serious charges such as sexual assault or armed robbery, while low-income defendants facing minor charges such as possession of marijuana remain locked up. According to a statement by the Drug Policy Alliance’s New Jersey State Director Roseanne Scotti, all this proves “that New Jersey’s historic bail reform law has been a resounding success.”

It is important to note that these reforms are not a panacea. The report reveals that although the state’s jail population is dropping, “the overrepresentation of black males in the pretrial jail populations remains an area in need of further examination.” In a press release, the American Civil Liberties Union of New Jersey mostly praised the reforms but added that “a system that reduces the number of incarcerated people but does not improve racial disparities is simply not good enough. We intend to continue our advocacy efforts to reduce racial disparities in the criminal justice system.”

Although more work needs to be done to address these racial disparities, New Jersey’s reforms have been successful enough to inspire other states, including California, New York, Texas, Illinois, and Alaska. The bail bond industry has also declared war on those efforts.

The report’s findings are “an absolute refutation of the bail industry’s scare tactics” said Alexander Shalom, senior supervising attorney at the New Jersey chapter of the ACLU, in an email. “They had warned that a virtual elimination of money bail would result in no one appearing in court and massive crime increases. That we’ve seen 6,000 fewer people jailed and virtually no increase in court nonappearance or re-arrest rates debunks that myth.”

In New Jersey, concerns about a crime explosion turned out to be nothing but fearmongering. It is now up to the rest of the nation to follow suit by looking at the facts, ignoring the bail industry’s scare tactics and taking steps to create a just, safe, and nondiscriminatory bail system.