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Oregon Gov. Kate Brown Prepares To Commute More Sentences Of Inmates Vulnerable To COVID-19

Anna Reed/Statesman Journal

Before being released, the inmates must take a COVID-19 test. Adults in custody who are showing symptoms or who have tested positive will not be released.

The Department of Corrections has seen some of the state's biggest outbreaks of the disease, with 613 inmates and 177 staff who have tested positive for the virus. The department reported that 513 inmates and 139 staff members have recovered. Two inmates have died from the virus.

In June, the governor commuted the sentences of 57 people who are incarcerated.

The governor will only consider releasing inmates who are within two months of release, are not serving a sentence for a violent crime against another person, have suitable housing upon release, and have had good behavior while in custody for at least a year.

The governor asked the Department of Corrections for two estimates. First, for those who are medically vulnerable who meet all the requirements she listed. And second, for those who are simply within two months of release and meet all the other requirements, such as stable housing.

The Department of Corrections said there are 10 to 12 inmates who are medically vulnerable who could qualify and up anywhere from 300 to 400 inmates who are within two months of being released who could qualify, according to rough estimates.

“While DOC has acted quickly to meet the threat presented by COVID-19 and calibrated its approach based on the available evidence, there are limits to the ability to practice physical distancing in a correctional setting,” Brown wrote in a letter she delivered to the department. “Given what we now know about the disease and its pervasiveness in our communities, it is appropriate to review for potential release individuals who face significant health challenges should they contract COVID-19.”

Before being released, the inmates must take a COVID-19 test. Adults in custody who are showing symptoms or who have tested positive will not be released.

The governor asked the Department of Corrections to respond to her by Sept. 18 with a list of inmates who meet the criteria.

The Oregon Justice Resource Center has been pushing the Department of Corrections to do more to slow the spread of COVID-19. This spring, it sued the department on behalf of inmates with underlying health conditions who are particularly vulnerable in the midst of the pandemic.

In April, Brown announced she would not release large groups of people early over concerns about COVID-19. The Department of Corrections presented Brown with numbers showing she would need to release around 5,800 inmates to create enough social distancing inside correctional facilities to significantly reduce risk. That equates to roughly 40% of the state's prison population.

The state's prosecutors had raised concerns early on about large-scale releases and urged the governor to consider commutations on a more limited basis.

Copyright 2020 Oregon Public Broadcasting

Lauren Dake is a JPR content partner from Oregon Public Broadcasting. Before OPB, Lauren spent nearly a decade working as a print reporter. She’s covered politics and rural issues in Oregon and Washington.