The Legal Aid Society called on Governor Andrew Cuomo and the New York State Department of Correction and Community Supervision (DOCCS) to release New Yorkers who are vulnerable to COVID-19 as cases of the virus continue to skyrocket within New York State’s prison system, including, as of November 30, 2020, 43 new confirmed cases at Attica Correctional Facility.

Since March, 18 New Yorkers have died in DOCCS’ custody from COVID-19 and over 1,800 have tested positive, according to the New York Law Journal.  Multiple state prisons are grappling with new COVID-19 outbreaks, including Cayuga C.F., Clinton C.F., Fishkill C.F., Midstate C.F., Sing Sing C.F., and others. Last week, Legal Aid condemned Governor Cuomo and DOCCS for failing to promptly free vulnerable New Yorkers who qualify for New York’s early release initiative under which incarcerated individuals who are within 90 days of their release date and who are serving sentences for non-violent, non-sex offenses are eligible for immediate release. The State’s failure to competently administer its early release initiative has trapped hundreds of medically vulnerable people in a prison system overrun with a deadly pathogen.

“Instead of releasing enough people to enable social distancing in its prisons, the State has ignored hundreds upon hundreds of applications for early release,” said Tina Luongo, Attorney-in-Charge of the Criminal Defense Practice at The Legal Aid Society. “This is indeed a matter of life or death. To prevent additional loss of life, Governor Cuomo and DOCCS must follow the lead of other states and release New Yorkers. For those who have been infected, the lingering effects and long-term complications of the virus remain unknown.”