Letter to National Governors Association - COVID-19 phone costs, 2020
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April 23, 2020 National Governors Association 444 North Capitol Street, Suite 267 Washington, D.C. 20001 Dear Governor Larry Hogan and all other Governors, The COVID-19 outbreak has overwhelmed many public systems, and the correctional system is no different. Prisons and jails are breeding grounds for infection as people are crowded into tight quarters and forced to share cells, and showers, making social distancing impossible and allowing disease to spread rapidly. To make matters worse, many incarcerated people are now also facing isolation from their families thanks to the high rates charged by prison telecom corporations for phone calls, video calls, and emails. These conditions put not just incarcerated people at grave risk of COVID-19 infection, but also the correctional officers and staff entrusted with their care who go home to their families every day. Correctional health is public health, and the only solution to curb the rapid spread of COVID-19 is to depopulate prisons and jails by releasing people, especially those who are elderly, immuno-compromised, have less than a year left on their sentences, or held pretrial on charges that do not involve allegations of serious and intentional physical harm. For those left behind, communication is among their most important needs, now more than ever, especially as prison and jail visits are suspended. Beyond the grave risk of infection, incarcerated people are now also facing isolation from their families, which is exacerbated by the predatory rates prison telecom corporations charge for phone calls, video calls, and emails. The COVID-19 outbreak is highlighting the tragic reality that incarcerated people and their families have been living with for decades: the inability to afford communication. Even under normal conditions, families struggle to stay connected with incarcerated loved ones. Prison telecom corporations charge families up to $25 for a 15-minute call, 1 forcing families to decide whether to pay for rent or a call with a loved one behind bars. In fact, nearly one third of families with incarcerated loved ones goes into debt trying to stay connected, and 87% of those carrying the burden of these costs are women, largely women of color. 2 However, things are anything but normal today, and these families, like millions of others, are struggling to stay afloat during this crisis. They are dealing with delayed pay, job loss, unexpected elder and childcare, and, in the worst cases, their own illness. They should not also be worried about whether they can afford to be in contact with incarcerated loved ones at this critical time. Moreover, continuing to charge for communication from prisons and jails will lead to serious consequences for public health. Families who are unable to pay for calls will suffer from stress and despair, which have been shown to weaken immune systems and make people more likely to succumb to infection. We must address this emergency by providing incarcerated people and their families free access to communication immediately. Doing so will not only alleviate the unjust financial burden placed on these families and prevent worsening health conditions, but also benefit our community in the long-run by allowing incarcerated people to strengthen relationships with their support networks. More specifically, we ask that you use your executive powers to prohibit correctional administrators and their telecom vendors from charging families or their incarcerated loved ones for phone calls, video calls, and emails during the COVID-19 pandemic. We understand that some prison telecom vendors are offering families one or two phone calls each week in response to the public health crisis, but this is far from enough and insulting to tight-knit families. Families cannot be expected to ration their calls at a time like this. In fact, in the past few weeks more than 550 telecom corporations have signed the Keep Americans Connected Pledge established by the Federal Communications Commission to ensure no U.S. resident has their communication service terminated due to their inability to pay caused by the COVID-19 pandemic. 3 Notably missing from the signatories are the prison telecom corporations. 1 State of Phone Justice, Prison Policy Initiative (2019), available at https://www.prisonpolicy.org/phones/state_of_phone_justice.html. 2 Who Pays? The True Cost of Incarceration on Families, Ella Baker Center, Forward Together, Research Action Design (2015), available at https://ellabakercenter.org/who-pays-the-true-cost-of-incarceration-onfamilies. 3 Keep Americans Connected, Federal Communications Commission (2020), available at https://www.fcc.gov/keep-americans-connected. Bringing in more than a billion dollars in revenue together each year, prison telecom vendors can afford to provide families and their incarcerated loved ones with free communication for months at the very least. We implore you to demand they do so. If necessary, we ask that you use emergency funding to gap stop losses in commissions to government agencies during the crisis. And finally, once we have made it passed the COVID-19 pandemic, we ask that you take executive action and support legislation to provide free communication for the long-term. In light of the COVID-19 outbreak, the high cost of prison and jail communication that separates families can no longer be ignored. You must act now to protect families with incarcerated loved ones. The cost of a call should never bar someone from ensuring their loved one is healthy, or worse yet, from comforting them if they are not. Sincerely, Andrea James Executive Director, National Council of Incarcerated and Formerly Incarcerated Women and Girls Dorsey Nunn Executive Director, Legal Services for Prisoners with Children Kevin Ring President, Families Against Mandatory Minimums Gina Clayton-Johnson Executive Director, Essie Justice Group Ebony Underwood Chief Executive Officer, WE GOT US NOW Bianca Tylek Executive Director, Worth Rises Rashad Robinson President, Color of Change The undersigned join us in this call for action. NATIONAL A Little Piece Of Light Abolition Apostles Jail and Prison Ministry American Federation of Teachers Black Church PAC Civil Rights Corps College and Community Fellowship Community Change/Action Community Justice Exchange Conservatives Concerned About the Death Penalty Drug Policy Alliance Ella Baker Center for Human Rights Equal Justice Under Law Equal Justice USA Fair and Just Prosecution Fines and Fees Justice Center Free Press FWD.us Galaxy Gives Grassroots Leadership Human Rights Defense Center Imagine Justice Immigrant Defense Project Innocence Project International CURE Justice Strategies Justice Support Group LatinoJustice PRLDEF Live Free MediaJustice Mijente Movement for Family Power National Consumer Law Center (on behalf of its low-income clients) National Employment Law Project National Lawyers Guild National Resource Center on Children and Families of the Incarcerated One Community One Fair Wage PLUS ONE Society POPS the Club Pretrial Justice Institute Prison Policy Initiative Represent Justice Revolve Impact SawariMedia Speak Ya Truth Students for Sensible Drug Policy Team Roc (Division of Roc Nation) The Exoneration Project The Gathering for Justice The Justice Collaborative The Real Cost of Prisons Project The Soze Agency Transitions Clinic Network United Church of Christ, OC Until Freedom We Are All Criminals W.H. Burns Institute – Community Justice Network for Youth Witness to Innocence ALABAMA Alabama Justice Initiative Southern Poverty Law Center Action Fund The Ordinary People Society ALASKA Alaska Innocence Project ARIZONA Poder in Action ReInventing ReEntry The S.T.A.R.T. Project – Striving To Achieve Reform Together ARKANSAS DecARcerate Midwest Innocence Project CALIFORNIA A New PATH (Parents for Addiction Treatment & Healing) A New Way of Life Reentry Project Advancing Justice – Asian Law Caucus California Innocence Project Californians United for a Responsible Budget Carceral Tech Resistance Network Communities United for Restorative Youth Justice Community Legal Services in East Palo Alto Community Works Dignity & Power NOW Friends Committee on Legislation of California Homeboy Industries Initiate Justice Justice League CA La Defensa LA Voice Media Alliance Northern California Innocence Project RE:STORE Justice Root & Rebound San Francisco Public Defenders Starting Over Young Women's Freedom Center Youth Justice Coalition COLORADO Colorado Circles for Change Colorado Criminal Justice Reform Coalition Interfaith Alliance of Colorado CONNECTICUT Emmett D. Riley, Deputy Majority Leader & State Representative, District 46 Josh Elliott, State Representative, District 88 Joshua Hall, State Representative, District 7 Kevin Ryan, State Representative, District 139 Kim Rose, State Representative, District 118 Michael Winkler, State Representative, District 56 American Civil Liberties of Union of Connecticut Collaborative Center for Justice Communities and Families Raising for Justice Connecticut Children with Incarcerated Parents Initiative (IMRP) Connecticut Prison Book Connection New England Innocence Project New Haven Women's Resettlement Working Group Once Incarcerated Our Piece of the Pie (OPP) Peace Affirmation and Justice Committee of First Congregational Church-Guilford Progressive Prison Ministries Sex Workers and Allies Network Southern New England Conference United Church of Christ Stop Solitary CT Women Against Mass Incarceration Yale Undergraduate Prison Project Advocacy DELAWARE Delaware Center for Justice Southern Delaware Alliance for Racial Justice FLORIDA KidsMates Florida Cares Charity Florida Justice Center Florida Rights Restoration Coalition Southern Poverty Law Center Action Fund GEORGIA Dramatic Impulse Theatre Georgia Association of Criminal Defense Attorneys Southern Poverty Law Center HAWAI’I Community Alliance on Prisons Hawai‘i Friends of Restorative Justice IDAHO Idaho Innocence Project ILLINOIS Believers Bail Out Building Families Together Chicago Area Fair Housing Alliance Chicago Community Bond Fund Children and Family Justice Center Clean Power Lake County Coalition to Reduce Recidivism Crossroads Fund Heartland Alliance Illinois Innocence Project Illinois NOW John Howard Association Lawndale Christian Legal Center Legal Council for Health Justice Logan Square Neighborhood Association Moms Demand Action Mother's Against Wrongful Convictions Nehemiah Trinity Rising ONE Northside Restore Justice Shiloh Baptist Church of Waukegan The #LetUsBreathe Collective The People's Lobby Unitarian Universalist Prison Ministry of Illinois West Side Heroin/Opioid Task Force Workers Center for Racial Justice INDIANA Constructing Our Future IOWA Iowa Coalition Against Sexual Assault Midwest Innocence Project National Alliance on Mental Illness-Iowa KANSAS Midwest Innocence Project KENTUCKY Kentucky Coalition to Abolish the Death Penalty LOUISIANA Daughters Beyond Incarceration Hope House Innocence Project New Orleans Orleans Parish Prison Reform Coalition Southern Poverty Law Center Voice of the Experienced (VOTE) MARYLAND Charm City Care Connection Reproductive Justice Inside University of Baltimore Innocence Project Clinic MAINE New England Innocence Project MASSACHUSETTS Emancipation Initiative Families for Justice as Healing Greater Boston Legal Services Massachusetts Against Solitary Confinement (MASC) New England Innocence Project Prisoners’ Legal Services of Massachusetts Southern New England Conference United Church of Christ Unitarian Universalist Mass Action MICHIGAN Advocacy, Re-entry, Resources and Outreach (ARRO) Detroit Justice Center Developing Despite Distance Michigan Citizens for Prison Reform Michigan Innocence Clinic Michigan Liberation Nation Outside Notes From The Village Safe & Just Michigan MINNESOTA Innocence Project of Minnesota ReEntry Matters MISSISSIPPI Innocence Project of Mississippi Southern Poverty Law Center Southern Recovery Advocacy MISSOURI Midwest Innocence Project NEBRASKA Midwest Innocence Project Nebraskans for Alternatives to the Death Penalty NEVADA Nevada Coalition Against the Death Penalty Rocky Mountain Innocence Center NEW HAMPSHIRE Citizens for Criminal Justice Reform New England Innocence Project NEW JERSEY Occupy Bergen County Universalist Congregation at Montclair – Undoing Racism Committee Unitarian Universalist FaithAction NJ NEW MEXICO New Mexico Innocence and Justice Project NEW YORK Gustavo Rivera, State Senator, District 33 Luis Sepúlveda, State Senator, District 32 David Weprin, Assemblymember, District 24 Harvey Epstein, Assemblymember, District 74 Inez E. Dickens, Assemblymember, District 70 Jo Anne Simon, Assemblymember, District 52 Nily Rozic, Assemblymember, District 25 Jumaane D. Williams, New York City Public Advocate Keith Powers, New York City Councilmember, District 4 Jason Starr, Former Assistant Counsel to Governor Cuomo A Challenge To Change Alliance of Families for Justice Brooklyn Community Bail Fund Brooklyn Defender Services Center for Community Alternatives Center for Justice at Columbia University Children's Defense Fund-NY Citizen Action of New York Close Rosie's Community Service Society of New York Congregation Beth Elohim Dismantling Racism Team Correctional Association of New York Exalt Youth Exodus Transitional Community Families For Freedom Fiscal Policy Institute Graham Windham Hands Of Hope Outreach Ministries Indivisible Nation BK It's A Process JCCA Justice League NY New Hour for Women & Children Long Island New York Campaign for Alternative to Isolated Confinement (#HALTsolitary) New York County Defender Services New York Immigration Coalition Next100 Osborne Center for Justice Across Generations Parole Preparation Project Peter Cicchino Youth Project Queens Defenders (Formerly Queens Law Associates) Release Aging People in Prison Rising Ground The Bronx Defenders The New York Initiative for Children of Incarcerated Parents The New York Law School Post Conviction Innocence Clinic The Osborne Association The PRADO of Transitioning Forward United Voices of Cortland Urban Justice Center Visionary V VOCAL-NY Witness to Mass Incarceration Women & Justice Project Women's Community Justice Association NORTH CAROLINA Beauty After the Bars Center for Criminal Justice and Professional Responsibility Conservatives for Criminal Justice Reform Emancipate NC Forward Justice North Carolina Center on Actual Innocence NORTH DAKOTA Innocence Project of Minnesota OHIO Central Ohio Restored Citizens’ Collaborative Filling the Gap Ohio Rational Sexual Offense Laws OREGON Carceral Tech Resistance Network PENNSYLVANIA Dauphin County Bail Fund Frontline Dads Inc. Media Mobilizing Project RHODE ISLAND COYOTE RI Formerly Incarcerated Union Southern New England Conference United Church of Christ SOUTH CAROLINA Obsidian Group Path2Redemption Root & Rebound Set Free Ministries SOUTH DAKOTA Innocence Project of Minnesota TENNESSEE Just City Memphis TEXAS University of Texas School of Law – Actual Innocence Clinic Earl Carl Institute for Legal & Social Policy Faith in Texas Texas Criminal Justice Coalition Texas Inmate Families Association UTAH Rocky Mountain Innocence Center VERMONT Migrant Justice VIRGINIA University Democrats at University of Virginia WASHINGTON Carceral Tech Resistance Network Community Passageways Washington Innocence Project What’s Next Washington WEST VIRGINIA American Friends Service Committee-WV WISCONSIN EX-incarcerated People Organizing (EXPO) Wisconsin Innocence Project WYOMING Rocky Mountain Innocence Center