In the first days of the COVID-19 pandemic, 28 states granted early release of incarcerated persons due to the rapid spread of the virus in prisons.
With the uptick of COVID-19 cases in Delaware in November, some conscientious House of Representative members proposed House Bill 37 on Dec. 18. The bill states, “There is no real way to prevent an outbreak and the spread of a highly contagious disease inside a prison.”
The bill provides an equitable way to decrease the prison population by releasing those who, were it not for COVID-19, would have already been released over the past year by earning “good-time” credits for positive behavior, attending groups and working jobs. To slow the spread of COVID-19, some prisoners have been locked in their cells for up to 22 hours a day, according to their family members, thereby eliminating all opportunities to earn good-time credits.
HB 37 as originally written would have accomplished two things: a decrease in prison population to curtail the spread of COVID-19 and allowing those who would have already been released with good-time to be sent home.
There had been little movement on the bill until House Amendment 1 appeared March 9, almost three months after the bill was introduced. The amendment rendered the original bill into something barely recognizable. The exclusions are such that so few people would be released and the goals of the original bill would not be met.
The sponsors and co-sponsors of HB 37 had to compromise, as those opposed to the bill have succeeded in negating its purpose and essence and damningly dragging their feet, while COVID-19 has run rampant throughout our prisons.
On March 31, the bill’s primary sponsor introduced House Amendment 2 to HB 37, proposing to award qualified inmates not scheduled for release within 365 days an additional 160 days of good-time credit. This, to hopefully help assuage the tremendous disappointment of the many proponents of the original bill.
Margaret Hawkins
Newark
