The tier system of prisoners was first introduced as part of the ____________________ system.

The United Nations Standard Minimum Rules for the Treatment of Prisoners

The above standard is also known as the ‘Nelson Mandela Rules’ and is a landmark update of the Standard Minimum Rules for the Treatment of Prisoners first adopted in 1955 and the result of five years of negotiations among Intergovernmental Organizations (IGOs), including UNODC, civil society groups and independent experts and consultants.

Treatment of Women Prisoners and Non-custodial Measures for Women Offenders

The United Nations Rules for the treatment of women prisoners and offenders - commonly known as the Bangkok Rules - were adopted by the General Assembly of the United Nations on 21 December 2010.

Guiding Principles for Corrections in Australia

The Guiding Principles for Corrections in Australia constitute outcomes or goals to be achieved by correctional services, rather than a set of absolute standards or laws to be enforced.

The guidelines represent a statement of national intent, around which each Australian State and Territory jurisdiction must continue to develop its own range of relevant legislative, policy and performance standards that can be expected to be amended from time to time to reflect 'best practice' and community demands at the state and territory level.

Indigenous Strategic Framework

The Indigenous Strategic Framework guides the management of Indigenous prisoners and offenders in Corrections across Australia and New Zealand.

It was developed by the Corrective Services Administrators' Council (CSAC) Indigenous Issues Working Group and endorsed by the Corrective Services Ministerial Council (CSMC) in July 2016.

It should be used in conjunction with the above Guiding Principles for Corrections in Australia.

Correctional Management Standards for Prisons (Men and Women)

The Correctional Management Standards for Men’s Prisons in Victoria and the Standards for the Management of Women Prisoners in Victoria establish the minimum requirements for correctional services in Victorian prisons. The Standards provide a basis for ensuring accountability and a consistent level of service delivery across the system.

Correctional Management Standards for Community Correctional Services

The Correctional Management Standards for Community Correctional Services establish the minimum requirements for community corrections in Victoria. They serve as a benchmark against which the performance of the system can be monitored and thus provide the basis for ensuring accountability and a consistent level of service delivery across the system.

Correctional Management Standards for Women Serving Community Correctional Orders

The Correctional Management Standards for Women Serving Community Correctional Orders provide a reference point for staff and offer specific guidance to those staff working with women in a Community Correctional Service (CCS) environment.

They also ensure consistency in service delivery across Victoria’s CCS locations and provide a benchmark against which the system can be monitored.

These standards complement the Correctional Management Standards for CCS, which establish the minimum requirements for community corrections in Victoria.

Correctional Management Standards for the Post-Sentence Supervision and Detention of Serious Sex Offenders

The Correctional Management Standards for the Post-Sentence Supervision and Detention of Serious Sex Offenders establish the minimum requirements for the management of serious sex offenders on post-sentence orders in Victoria.

They support the organisational governance arrangements for this cohort by Corrections Victoria and align with the standards relevant to the prison system and Community Correctional Services, allowing for continuity and consistency in sex offender management across the whole of the correctional system.

Commissioner's Requirements set out high level requirements in respect of operational matters. They are issued when specificity is required to ensure consistency and/or continuity of correctional practice across the whole of the prison system, encompassing both publicly and privately managed prisons.

Sentence Management Manual

Provides guidance to all those who are involved in the sentence management functions. This includes assessment and classification, prisoner management and prisoner transfers. This manual ensures that staff conduct their duties consistently and in line with legal requirements and the principles enshrined in the Offender Management Framework.

Which federal, state, and local policymakers have taken meaningful steps to protect people in prisons and jails from COVID-19, and what exactly did they do? We created this COVID-19 policy tracker at the beginning of the pandemic to help the public understand what was — and wasn’t — being done to depopulate crowded prisons and jails and make them safer.

The tier system of prisoners was first introduced as part of the ____________________ system.
COVID-19 Behind Bars See our research and reports

The big picture that this policy tracker reveals is grim: Lawmakers have failed to reduce prison and jail populations enough to slow down the spread of the coronavirus, causing incarcerated people to get sick and die at a rate unparalleled in the general public.

However, some individual state and local policymakers have recognized the urgency of the situation, and taken actions that show how we can release a large number of people from prison — a necessary step to ending mass incarceration. And some policy changes made during the pandemic — like eliminating cruel copays for incarcerated people — are ones we should demand be extended permanently.

Read on for our curated list of the most significant criminal justice policy responses during the pandemic. And check out our main COVID-19 page for our research and analysis on the virus behind bars.

Prisons increasing releases

We reported early in the pandemic that prisons were releasing almost no one. Almost 2 years later, it’s still true: We found that the moderate drops in prison populations in 2020 were the result of fewer admissions, not more releases. And shockingly, most parole boards granted fewer paroles during 2020 than 2019. The result? As of December 2020, 19 state prison systems were still at 90% capacity or higher.

And yet state prisons are filled with people with preexisting medical conditions that put them a heightened risk for complications from COVID-19. So far, we are aware of these state officials taking steps to reduce the prison population in the face of the pandemic:

State legislation

  • The New Jersey legislature passed a bill (S2519) on October 19th, signed shortly after by Governor Phil Murphy, that allowed for people with less than a year left on their sentences to be released up to eight months early. More than 2,000 people were released on Wednesday, November 4th from state prisons, and an estimated 1,000 more people were released in the following weeks and months. (November 5)

Governor executive orders and commutations

Policy changes in correction departments and parole boards

Court orders

Prisons reducing admissions

We published a short report showing that prison population cuts since the beginning of the pandemic are mostly due to states reducing prison admissions — not releasing people. And while reductions in admissions help slow down the virus in prisons themselves, they also cause jails — where people are held after being sentenced — to see populations go up.

Governor executive orders

  • On March 26th, the Illinois governor signed an executive order that halted new admissions to state prison facilities. This practice remained in place until July 27th, when transfers from county jails to Illinois Department of Corrections facilities resumed. (July 28)
  • In late March, California Governor Gavin Newsom signed an executive order halting new intakes at California’s state prisons and juvenile facilities to prevent transmissions of the virus from jails into state prisons. As of August 24th, intakes have resumed at least two of the five California state prisons. (September 1)

Correctional department policy changes

  • The Colorado Department of Corrections states that, in concert with law enforcement, arrests for “low level technical parole violations” are temporarily suspended to help reduce the number of people being returned to state prisons. (March 23)
  • The Oklahoma Department of Corrections announced that they are suspending admissions of newly sentenced individuals to state prisons, in an effort to prevent the virus from spreading rapidly behind prison bars. (March 22)

Jails increasing releases

Jails and prisons house large numbers of people with chronic diseases and complex medical needs who are more vulnerable to COVID-19. At the beginning of the pandemic, jails cut their populations by as much as 30%, helping to protect many of these people. But states and counties abandoned their efforts to keep jail populations low as the pandemic wore on.

Some of the most significant actions taken by courts, jail administrators, sheriffs, and prosecutors to release people during COVID-19 are:

Court orders

Actions by jail administrators and sheriffs

Prosecutor discretion

Jails reducing admissions

Court orders

  • In Michigan, the chief judge of the Wayne County Circuit Court signed at least 200 orders for administrative releases from March through June. (June 2)
  • The population of the Halifax County Adult Detention Center, in Virginia, decreased from 184 people in December 2019 to 150 people in April (about a 19% reduction). The jail administrator cited reduced court commitments, as well as individual court orders to release people. (April 26)
  • Maine state courts vacated all outstanding bench warrants (for over 12,000 people) for unpaid court fines and fees and for failure to appear for hearings in an effort to reduce jail admissions. (March 17)

Changes in policing

Actions by jail administrators and sheriffs

Prosecutor discretion

  • District attorneys in Brooklyn, New York and Philadelphia, Pennsylvania, took steps in mid-March to reduce jail admissions by releasing people charged with non-violent offenses and not actively prosecuting low-level, non-violent offenses. The Philadelphia Police Department announced on May 1st that they would resume arrests for certain property crimes. (May 1)
  • In Maricopa County, Arizona, county prosecutors reduced the number of charges they are filing, which has helped effect a jail population drop of almost 30%. In the first week of March 2020, prosecutors filed 734 cases, and in late April, they filed only 107. (April 28)
  • Baltimore, Maryland State’s Attorney Marilyn Mosby dismissed pending criminal charges against anyone arrested for drug offenses, trespassing, and minor traffic offenses, among other nonviolent offenses. (March 18)

City and county ordinances

  • In April, the San Marcos, Texas city council passed a city ordinance to compel police to use citations in lieu of arrests for certain misdemeanors. The Hays County sheriff announced that starting September 1st, the sheriff’s office would be instituting a new “Cite and Divert” program in an effort to reduce arrests, jail time, and criminal charges. (July 9)

Other policy changes we're tracking in prisons and jails

Eliminating medical co-pays

In most states, incarcerated people are expected to pay $2-$5 co-pays for physician visits, medications, and testing in prisons. Because incarcerated people typically earn 14 to 63 cents per hour, these charges are the equivalent of charging a free-world worker $200 or $500 for a medical visit. The result is to discourage medical treatment and to put public health at risk. In 2019, some states recognized the harm and eliminated these co-pays in prisons. We’re tracking how states are responding to the COVID-19 pandemic:

Table created March 13, 2020 and last updated: February 3, 2022. We welcome updates from states that have revised their policies. States can contact us at . *The Delaware Department of Corrections has not changed their co-pay policy. According to the DOC’s co-pay policy dated December 2019, there are no copays for “diagnostic and treatment of contagious/communicable diseases.” The Delaware DOC has confirmed that this includes diagnosis and treatment of COVID-19.
States that do not charge copays States that suspended all copays for incarcerated people in response to the pandemic States that suspended all copays for respiratory, flu‑related, or COVID‑19 symptoms States that rolled back previous suspensions and now charge medical copays on non‑COVID‑19 related symptoms Governments that rolled back previous suspensions and now charge all medical copays States that suspended some or all copays in response to the pandemic, but it is unclear if those suspensions are still in place States did not suspend copays in response to the COVID‑19 pandemic
California Illinois Missouri Montana Nebraska New Mexico Oregon Vermont

Virginia Wyoming


Connecticut Massachusetts New Jersey Rhode Island West Virginia Alaska Colorado Delaware* Florida Hawaii Indiana Iowa Michigan New Hampshire North Carolina North Dakota Pennsylvania South Carolina Utah

Wisconsin

Idaho Alabama Federal Bureau of Prisons Minnesota Texas Arkansas Arizona Georgia Kansas Kentucky Louisiana Maine Maryland Michigan Mississippi Ohio Oklahoma South Dakota Tennessee

Washington

Nevada

Vaccine availability and uptake

Incarcerated people should have ranked high on every state’s priority list for the COVID-19 vaccine given the extremely high case and death rates in prisons.

But we found that only 10 states put incarcerated people in phase 1 of vaccine distribution — and 8 states didn’t list them in any vaccine phase at all (see the table below for more detail).

In May 2021, we aggregated data showing that scarcely 50% of people in prisons nationwide had received even one dose of a COVID-19 vaccine. By our most recent count in July 2021 (part of our 50-state report States of Emergency), 15 states had still vaccinated less than 60% of incarcerated people.

Early in the pandemic, prison systems throughout the country began publishing COVID-19 data, lifting a tiny corner of the veil of secrecy that usually shields prisons from public scrutiny. But, as the Omicron variant began to threaten the country, we found most states provided very little data about the accessibility of vaccinations and booster shots behind bars.

Incarcerated People Corrections Staff
Specifically listed in Phase 1 (or a Phase 1 subdivision) 10 states:
Conn., Del., Ill., Mass., Md., Neb., N.M., Ore., Pa., Wisc.
16 states:
Ark., Conn., Del., Ill., La., Maine, Mass., Md., Mo., Neb., Nev., N.M., N.C., Pa., Wisc., W.Va.
Not specifically listed, but from the context might belong to Phase 1 No states 10 states:
Ala., Ariz., Calif., Idaho, Iowa, Mont., N.J., N.D., S.C., Va.
Specifically listed in Phase 1 or Phase 2, depending on age and comorbidities 1 state:
N.C.
No states
Plan was unclear, but from the context likely belong to Phase 1 or Phase 2 2 states:
Calif., Ky.
2 states:
Ky., Wyo.
Specifically listed in Phase 2 18 states:
Ala., Ariz., Ga., Idaho, Ind., Iowa, Kan., La., Miss., N.H., N.D., Ohio, Okla., R.I., Tenn., Utah, Vt., Wash.
13 states:
Colo., Ga., Ind., Kan., Miss., N.H., Ohio, Okla., R.I., Tenn., Utah, Vt., Wash.
Not specifically listed, but from the context might belong to Phase 2 5 states:
Maine, N.J., Va., W.Va., Wyo.
No states
Not specifically listed, but might belong to Phase 3 (Note: Phase 3 also includes all general populations) 1 state:
Mo.
No states
Difficult to categorize (because the state did not follow the CDC's 3 Phases) 4 states:
Hawaii, Mont., Nev., N.Y.
2 states:
Hawaii, N.Y.
Not included in any Phase (neither specifically nor implied through additional context) 8 states:
Alaska, Ark., Colo., Fla., Mich., S.C., S.D., Texas
6 states:
Alaska, Fla., Mich., Ore., S.D., Texas

Reducing the cost of communication

Most federal prisons, state prisons and many local jails decided to drastically reduce or completely eliminate friends and family visitation to reduce the risk of COVID-19. But only a few made an effort to supplement this loss by waiving fees for phone calls and video communication. Here are three notable examples: