Public health officials have warned of the danger of COVID-19 spreading in jails and prisons. In Nebraska, the virus has taken a bad situation - chronic overcrowding and understaffing in our prison facilities - and created potential for it to become much worse.
States have a constitutional duty to protect people who are incarcerated from unreasonable risk presented by infectious diseases. To limit the threat of COVID-19, U.S. Attorney General Bill Barr and the governors of a number of states - including Iowa - have taken emergency action to reduce prison populations.
So far, Nebraska Gov. Pete Ricketts has rejected calls to do the same, relying on the same political talking points about public safety that caused the overcrowding in the first place.
The numbers are staggering. Nebraska prisons are at nearly 160% of design capacity with primary facilities at nearly 200%. Diagnostic and Evaluation holds three times the number of people it was designed for. At the same time, about 40% of people held there are there because of non-violent crimes. About 800 people who are currently incarcerated are already parole eligible, but being denied release because they have not completed programming Nebraska's Department of Correctional Services (NDCS) has not made available to them.
COVID-19 or not, the clock is ticking for action. On July 1, state law requires Gov. Ricketts to declare an overcrowding emergency, a move that is meant to begin the process of reducing the prison population to 140% of design capacity.
In contrast with the state's slow response, some positive action is happening at the county level. In March, the Douglas County Jail's population dropped by about 200 people even as reported crimes stayed constant.
Thank you for defending the rights of our friends, family and neighbors who are incarcerated. We the People means all of us.