[House Hearing, 117 Congress] [From the U.S. Government Publishing Office] THE FIRST STEP ACT, THE PANDEMIC, AND COMPASSIONATE RELEASE: WHAT ARE THE NEXT STEPS FOR THE FEDERAL BUREAU OF PRISONS? ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON CRIME, TERRORISM, AND HOMELAND SECURITY OF THE COMMITTEE ON THE JUDICIARY U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED SEVENTEETH CONGRESS SECOND SESSION __________ FRIDAY, JANUARY 21, 2022 __________ Serial No. 117-51 __________ Printed for the use of the Committee on the Judiciary [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Available via: http://judiciary.house.gov __________ U.S. GOVERNMENT PUBLISHING OFFICE 47-247 WASHINGTON : 2022 ----------------------------------------------------------------------------------- COMMITTEE ON THE JUDICIARY JERROLD NADLER, New York, Chair MADELEINE DEAN, Pennsylvania, Vice-Chair ZOE LOFGREN, California JIM JORDAN, Ohio, Ranking Member SHEILA JACKSON LEE, Texas STEVE CHABOT, Ohio STEVE COHEN, Tennessee LOUIE GOHMERT, Texas HENRY C. ``HANK'' JOHNSON, Jr., DARRELL ISSA, California Georgia KEN BUCK, Colorado THEODORE E. DEUTCH, Florida MATT GAETZ, Florida KAREN BASS, California MIKE JOHNSON, Louisiana HAKEEM S. JEFFRIES, New York ANDY BIGGS, Arizona DAVID N. CICILLINE, Rhode Island TOM McCLINTOCK, California ERIC SWALWELL, California W. GREG STEUBE, Florida TED LIEU, California TOM TIFFANY, Wisconsin JAMIE RASKIN, Maryland THOMAS MASSIE, Kentucky PRAMILA JAYAPAL, Washington CHIP ROY, Texas VAL BUTLER DEMINGS, Florida DAN BISHOP, North Carolina J. LUIS CORREA, California MICHELLE FISCHBACH, Minnesota MARY GAY SCANLON, Pennsylvania VICTORIA SPARTZ, Indiana SYLVIA R. GARCIA, Texas SCOTT FITZGERALD, Wisconsin JOE NEGUSE, Colorado CLIFF BENTZ, Oregon LUCY McBATH, Georgia BURGESS OWENS, Utah GREG STANTON, Arizona VERONICA ESCOBAR, Texas MONDAIRE JONES, New York DEBORAH ROSS, North Carolina CORI BUSH, Missouri AMY RUTKIN, Majority Staff Director and Chief of Staff CHRISTOPHER HIXON, Minority Staff Director ------ SUBCOMMITTEE ON CRIME, TERRORISM, AND HOMELAND SECURITY SHEILA JACKSON LEE, Texas, Chair CORI BUSH, Missouri, Vice-Chair KAREN BASS, California ANDY BIGGS, Arizona, Ranking VAL DEMINGS, Florida Member LUCY McBATH, Georgia STEVE CHABOT, Ohio MADELEINE DEAN, Pennsylvania LOUIE GOHMERT, Texas MARY GAY SCANLON, Pennsylvania W. GREGORY STEUBE, Florida DAVID CICILLINE, Rhode Island TOM TIFFANY, Wisconsin TED LIEU, California THOMAS MASSIE, Kentucky LOU CORREA, California VICTORIA SPARTZ, Indiana VERONICA ESCOBAR, Texas SCOTT FITZGERALD, Wisconsin STEVE COHEN, Tennessee BURGESS OWENS, Utah JOE GRAUPENSPERGER, Chief Counsel JASON CERVENAK, Minority Counsel C O N T E N T S ---------- Friday, January 21, 2022 Page OPENING STATEMENTS The Honorable Sheila Jackson Lee, Chair of the Subcommittee on Crime, Terrorism, and Homeland Security from the State of Texas 2 The Honorable Andy Biggs, Ranking Member of the Subcommittee Crime, Terrorism, and Homeland Security from the State of Arizona........................................................ 5 The Honorable Jerrold Nadler, Chair of the Committee on the Judiciary from the State of New York........................... 6 WITNESSES Gwen Levi, Baltimore, Maryland Oral Testimony................................................. 11 Prepared Statement............................................. 13 Homer Venters, Adjunct Clinical Associate Professor, NYU School of Global Public Health Oral Testimony................................................. 16 Prepared Statement............................................. 18 Alison Guernsey, Clinical Associate Professor of Law, University of Iowa College of Law Oral Testimony................................................. 26 Prepared Statement............................................. 28 Gretta L. Goodwin, Director, Homeland Security and Justice, U.S. Government Accountability Office Oral Testimony................................................. 45 Prepared Statement............................................. 47 Julie Kelly, Senior Contributor, American Greatness Oral Testimony................................................. 56 Prepared Statement............................................. 58 Melissa Hamilton, Professor of Law and Criminal Justice, University of Surrey, School of Law Oral Testimony................................................. 62 Prepared Statement............................................. 64 STATEMENTS, LETTERS, MATERIALS, ARTICLES SUBMITTED Tweets submitted by the Honorable Kathleen Landerkin, submitted by the Honorable Andy Biggs, Ranking Member of the Subcommittee Crime, Terrorism, and Homeland Security from the State of Arizona for the record......................................... 76 An article entitled, ``Federal judge finds DC jail warden in contempt, demands DOJ civil rights probe of Jan. 6 detainees,'' Fox News, submitted by the Honorable W. Gregory Steube, a Member of the Subcommittee on Crime, Terrorism, and Homeland Security from the State of Florida for the record.............. 86 Items submitted by the Honorable Cori Bush, Vice Chair of the Subcommittee on Crime, Terrorism, and Homeland Security from the State of Missouri for the record A letter from Members of Congress to the Honorable Michael Carvajal, Director of the Federal Bureau of Prisons.......... 102 A letter from Wendy Hechtman................................... 108 A letter from Dianthe Martinez Brooks.......................... 114 Items submitted by the Honorable Thomas Massie, a Member of the Subcommittee on Crime, Terrorism, and Homeland Security from the State of Kentucky for the record A report entitled, ``COVID-19 Cases and Hospitalizations by COVID-19 Vaccination Status and Previous COVID-19 Diagnosis-- California and New York, May-November 2021,'' Centers for Disease Control and Prevention, Morbidity and Mortality Weekly Report (MMWR)......................................... 120 An article etitled, ``Prior COVID infection more protective than vaccination during Delta surge--U.S. study,'' Reuters... 127 Materials submitted by the Honorable Sheila Jackson Lee, Chair of the Subcommittee on Crime, Terrorism, and Homeland Security from the State of Texas for the record An article entitled, ``As COVID Cases Spike, Federal Bureau Of Prisons Is Not Releasing Eligible Inmates,'' Forbes.......... 140 An article entitled, ``Racial Equity and Criminal Justice Risk Assessment,'' Urban Institute, Justice Policy Center......... 144 A letter from Colin G. Prince, Chief Appellate Attorney, Federal Defenders of Eastern Washington and Northern Idaho... 158 An article entitled, ``Opinion: This is an Unmistakable Win for Incarcerated People,'' CNN................................... 161 APPENDIX A letter from Bruce C. Harris, Vice President, Federal Government Affairs, Walmart, submitted by the Honorable Steve Cohen, a Member of the Subcommittee on Crime, Terrorism, and Homeland Security from the State of Tennessee for the record. 166 THE FIRST STEP ACT, THE PANDEMIC, AND COMPASSIONATE RELEASE: WHAT ARE THE NEXT STEPS FOR THE FEDERAL BUREAU OF PRISONS? ---------- Friday, January 21, 2022 House of Representatives Subcommittee on Crime, Terrorism, and Homeland Security Committee on the Judiciary Washington, DC The Subcommittee met, pursuant to call, at 10:00 a.m., via Zoom, Hon. Sheila Jackson Lee [Chair of the Subcommittee] presiding. Members present: Representatives Nadler, Jackson Lee, Demings, Bass, McBath, Dean, Scanlon, Bush, Cicilline, Escobar, Cohen, Jordan, Biggs, Chabot, Gohmert, Steube, Massie, Fitzgerald, and Owens. Staff present: John Doty, Senior Advisor and Deputy Staff Director; Moh Sharma, Director of Member Services and Outreach & Policy Advisor; Cierra Fontenot, Chief Clerk; John Williams, Parliamentarian and Senior Counsel; Merrick Nelson, Digital Director; Joe Graupensperger, Chief Counsel for Crime; Mauri Gray, Deputy Chief Counsel for Crime; Natalie Knight, Counsel for Crime; Nicole Banister, Counsel for Crime; Veronica Eligan, Professional Staff Member/Legislative Aide for Crime; Jason Cervenak, Minority Chief Counsel for Crime; Ken David, Minority Counsel; Andrea Woodard, Minority Professional Staff Member; Kiley Bidelman, Minority Clerk; and Carter Robertson, Minority USSS Detailee. Ms. Jackson Lee. The Subcommittee will come to order. Without objection, the Chair is authorized to declare recesses of the Committee at any time. Good morning and welcome to today's hearing on The First Step Act, The Pandemic, and Compassionate Release: What Are the Next Steps for the Federal Bureau of Prisons? I would like to remind Members that we have established an email address and distribution list to circulate exhibits, motions, or other written materials that Members might want to offer as part of our hearing today. If you would like to submit materials, please send them to the email address that has been previously distributed to your offices and we will circulate the materials to Members and staff as quickly as we can. I would also like to ask all Members to please mute your microphones when you are not speaking. This will help prevent feedback and other technical issues. You may unmute yourself any time to seek recognition. I now will recognize myself for an opening statement, but before I do that, one of our colleagues on the Full Committee, Mr. McClintock, has suffered a terrible loss over the holidays, the loss of his wife, and I want to offer my deepest sympathy to him and his family and to all of you who work with him, all of us who work with him every day. We are here today to discuss several topics. We are here to focus on the great concern including the Bureau of Prisons' implementation of The First Step Act as so many Members on this Committee worked very hard, including Hakeem Jeffries, Chair of the Democratic Caucus, working across the aisle as we did on that very important initiative, its use of compassionate release, or the lack thereof, and its response to the COVID-19 pandemic. In 2018, we passed a landmark piece of legislation, The First Step Act and aimed at transformational sentencing and prison reform at the federal level. It is an exceptional piece of legislation, and we must maximize its potential. Because we are here primarily to talk about the next steps for the Bureau of Prisons, I will focus on The First Step Act's legislation and its commitment to prison reform, which among other mandates, required BOP to create and use a risk and needs assessment tool to categorize federal prisoners as minimum, low, medium, or high risk to recidivate. Based on the resulting assessment, federal prisoners can earn time credits to reduce their sentences which can mean early release to a halfway house, home confinement, or early release to supervised release, all based upon the ability to rehabilitate and contribute to society. Although this Subcommittee has previously held two hearings that discuss the risk and needs assessment tools, now known as PATTERN, questions remain regarding the efficacy, validation, and implementation of the tools. First, we previously learned that PATTERN relies on dynamic and static factors, on factors which can never change such as criminal history and the community where a prisoner lived, before they were arrested. Knowing that communities of color are over policed, reliance on static factors could result in biases against people of color being baked into the application tool, as BOP adjusted the weight these factors are given in the assessment or otherwise accounted for the presence of this bias. I would venture to say that many of us on this Committee this morning may have known someone who, as we were growing up, we might have said they are in trouble all the time, but yet, we know them now as a contributing family man or woman, as a contributing citizen of the United States and as a loving person of their community. We know that rehabilitation can work. Second, as I understand that PATTERN may produce racially- disparate results in that the tool tends to over predict recidivism in people of color and under predict recidivism in others, as BOP adjusted the tool to account for over prediction and under prediction. Third, based on DOJ's 2021 review and revitalization of The First Step Act, risk assessment to Version 1.3 of PATTERN, which has not been approved yet by DOJ, addresses errors in the version that is currently being used by BOP. What does this mean for prisoners whose risk is being determined now for what is arguably a flawed tool of assessment? Last, it does not appear that BOP has made a good-faith effort to develop a needs assessment tool. BOP officials continue to use the same tools they have used for years such as a pre-sentence investigation report, a document that is prepared solely by U.S. probation and pre-trial service's officers for sentencing purposes. The Independent Review Committee pursuant to The First Step Act persists in the development of the risk and assessment needs tool, identified problems of BOP's approach to needs assessment in their report two years ago as BOP addressed the concern raised by the IRC. Does BOP plan to develop a needs assessment tool that goes further than the status quo? If The First Step Act is to be successful, we have a duty to make sure that the risk and needs assessment tool will produce reliable and unbiased results. We want to work with BOP, as Members of Congress, this Committee, the Full Committee, to ensure what is best for the safety and security of America and, of course, those who are incarcerated within the walls of BOP. I hope our panel can help us better understand the issues that remain in validating and developing the tool and offer suggestions to how we can make sure it works. In issuing a Rule last week concerning The First Step Act's earned time credit system, I was very pleased to see that DOJ heard the outcry of advocates, prisons, family Members, and several of the Subcommittee's Members, including Mr. Jeffries, in closing and choosing to do away with the proposed restrictive definition of a day of participation in calculating how prisoners would earn time credit. As a result of that simple clarification, thousands of prisoners should be released in the coming days and weeks which will reduce the number of prisoners in custody and reduce the risk of further spreading COVID-19 in the BOP facilities which at this time is raging and ravaging both those who are working there, as well as those who are incarcerated. Let me be very clear. This clarification does not pretend to release those who would be unsafe in the community. You still have to go through the normal processes, but it will give greater response to those who are working hard to rehabilitate inside the prison. To respond to the crisis of the impact of the pandemic on federal prisons, we included in The CARES Act an additional mechanism to allow BOP to release prisoners to home confinement, reduce the prison population, and reduce the number of COVID infections among prisons and staff. Although using overly restrictive criteria, BOP released thousands of prisoners under The CARES Act who reconnected with family, found employment, and have not re-offended. I am grateful for DOJ for reversing the past Administration's merciless opinion in deciding that most of those released will not have to return to custody when the pandemic ends. Yet, BOP still continues to stumble over those who are legitimately able to take advantage of the compassionate release and still are holding individuals, taxing their family, those who have committed nonviolence crimes, and who are sick. Many of those who are sick in the face of the COVID-19 breakout are still facing the lack of review and assessment of their eligibility for compassionate release. While BOP's ability to release prisoners was expanded under The CARES Act, BOP has long possessed the statutory authority through a request to provide early release of prisoners through compassionate release. Even in the early stages, they were counting those who were already being released to bolster up their numbers of those being released under COVID. Yet, even during the pandemic as thousands of prisoners testified positive for COVID-19, and others died, BOP failed to effectively utilize its authority. What seems to be divine foresight, we included a provision in The First Step Act that authorizes prisoners to request compassionate release themselves after meeting certain criteria. That seems to be receiving limited response. According to the Sentencing Commission, the first year of the pandemic, 96 percent of motions decided through December 31, 2020, that were granted compassionate release were filed by the prisoner. Even as the pandemic worsened, that percentage remains the same. The Sentencing Commission released a more detailed report on compassionate release in September of last year that showed that just nine percent of motions granted were filed by the BOP Director. COVID-19 continues to run rampant throughout BOP facilities. On January 13th, there were 6,043 Federal prisoners and 939 BOP staff who tested positive for COVID-19. On January 18th, there were 9,194 prisoners and 1,150 staff who tested positive for COVID-19 and 98 facilities at Level 3 of the modified operational level. From the time the pandemic began until now, BOP reports that 279 prisoners have died due to COVID, and 7 staff Members have died. I am certain that our Witnesses will let us know whether these numbers are correct. I hope they will also provide solutions for how they think we can reduce infection and protect prisoners and staff within BOP. BOP has operated under staff shortages for many years and the pandemic has only exacerbated staffing problems. That is something that I want this Committee going forward to focus on in assisting BOP and assisting of their staffing capabilities to be staffed up. The death of Jeffrey Epstein was in BOP custody almost 2\1/ 2\ years ago, attributed in part to staffing shortages. I look forward to the pending report from the Inspector General on the circumstances surrounding his death. I expect that the report will include recommendations to make all efforts to staff up throughout the Bureau. It is my hope that this hearing that we will take additional steps to ensure BOP carries out its mission to confine offenders in prison and community-based facilities that are safe, humane, cost efficient, and appropriately secure and that provide work and other self-improvement opportunity to assist offenders in becoming law-abiding citizens. It is now my pleasure to recognize the distinguished gentleman from Arizona, the Ranking Member of this Committee for his opening statement. Mr. Biggs, you are now recognized. Mr. Biggs. Thank you, Madam Chair, and I particularly thank you for calling attention and reminding us of the grieving of our colleague and friend, Mr. McClintock of California, whose tragic loss of his wife came unexpectedly over the holidays and appreciate your thoughtfulness. This hearing today, we are focused largely on post- conviction sentencing and confinement. I welcome that discussion and there will be discussions about compassionate release, all for post-convicted individuals. There is also a concern regarding pre-trial detention and conditions in which defendants are held. Our constitutional rights, are they being protected? Is everyone receiving the due process regardless for the charge that they are pending trial, they are waiting conclusion, or the outcome of that case? On January 4th, I sent Chair Nadler a letter requesting a hearing on the treatment of the January 6th defendants while in custody at the D.C. Jail. I have yet to receive a response from the Chair. It is my position that the Judiciary Committee must investigate the horrific treatment of the January 6th defendants. Individuals being held at the D.C. Jail are being punished for exercising constitutional rights while in custody. For instance, them being held in solitary confinement for meeting with their attorneys. They are being forced to spend up to 23 hours a day in solitary confinement. This has received, actually, a bipartisan rebuke. Senator Elizabeth Warren told The Washington Examiner, and I quote ``I do not believe in solitary confinement for extended periods of time for anyone.'' The ACLU has objected to the treatment of the January 6th defendants. Tammie Gregg, Deputy Director of the ACLU National Prison Project, told The Washington Examiner ``Prolonged solitary confinement is torture and certainly should not be used as a punitive tool to intimidate or extract cooperation.'' However, it does not start or stop with solitary confinement. I appreciate the Chair's comments about healthcare in the prison system and what we have seen is that individuals that need healthcare in the D.C. prison have been defined that healthcare and I will mention that a little bit more in a minute. What is interesting about this pre-trial detention is that most of the individuals that are in this situation have had no contact with the criminal justice system previously. They don't pose a flight risk. They meet all Federal guidelines for pre- trial release but have been denied that release. They have been forced into rooms with human feces on the walls. One defendant was subjected to a strip search after meeting with his lawyer. When he asked for ``literature that authorized the strip search,'' the officers refused to answer. The officers then handcuffed that individual and put him a dark room with a chair and maced him. There are reports of defendants being denied medical care including one defendant who was denied treatment for non- Hodgkin's lymphoma. The treatment is so horrific that a Federal judge asked the Department of Justice to investigate the D.C. Jail for civil rights abuses saying ``It is clear to me the civil rights of the defendant were violated by the D.C. Department of Corrections.'' The conditions in the jail were so horrendous that U.S. Marshals removed inmates from the jail, and they were quoted as stating that the facility did ``not meet the minimum standards of confinement as prescribed in the federal performance-based detention standards.'' This is all being done to people who are innocent in the eyes of the law. They have yet to be convicted of a crime, but they are being treated as if they had been convicted of a crime. In fact, they are being treated worse than anybody who has been convicted of a crime should be treated. In America, we still adhere to the principle that you are innocent until proven guilty. Unfortunately, there have been people who have not allowed these injustices to go unreported and we have one of those individuals with us here today. Julie Kelly has brought to light the horrific treatment of the January 6th defendants by the D.C. Jail. I just highlight something else that the Chair said, and I appreciate her comments about compassionate release. Her comments focusing on compassionate release were directed to folks who have been convicted of a crime. When you meet the Federal guidelines for pretrial release, it is not compassionate. It is not due process. It is not fair or equitable to be confined in a prison, in a jail with the conditions that many of these January 6th defendants await the outcomes of their cases. I am glad that we have our Witnesses here today. I am glad we have an opportunity to put these issues on the table. Madam Chair, I thank you for the time, and I yield back to you. Ms. Jackson Lee. Mr. Ranking Member, I thank you for putting these important issues on the table. Thank you. Now, it is my privilege, the Chair now recognizes the Chair of the Full Committee, the gentleman from New York, Mr. Nadler, for his opening statement. Chair Nadler. Thank you, Madam Chair, for holding this important hearing to discuss implementation of The First Step Act, and on-going efforts by the Bureau of Prisons to respond to the COVID-19 pandemic including its use of compassionate release. Let me join in an expression of condolences to our colleague, Mr. McClintock. Three years ago, we passed the ground-breaking piece of bipartisan legislation, The First Step Act of 2018, which truly was a step forward in our efforts to reform our criminal justice system. That law reforms in modest, but important ways, Federal criminal sentencing and various aspects of the Federal court system. These critical provisions are intended to improve Federal prison conditions, reduce the Federal prison population, and reduce recidivism among offenders released from BOP custody through evidence-based practices. Now, although COVID-19 certainly contributed to the delays, we should recognize that BOP was slow to implement this legislation long before the first inmate tested positive for COVID. I am pleased, however, that BOP and DOJ have now taken significant steps through the implementation of PATTERN, the risk and needs assessment tool used to determine inmates' eligibility to participate in recidivism-reducing programming which can help inmates earn credits toward early release. It has also completed an assessment of BOP inmates under this tool and a determination of how these credits will be calculated. The Biden Administration has also made important improvements to the implementation of The First Step Act in the past year. For example, just a few days ago, the Administration significantly revised how it will calculate the invaluable earned time credits using a much more reasonable and less restrictive formula than originally proposed. This new policy has the potential to lead through the release of thousands of inmates who are unlikely to re-offend. While I am heartened by this decision, many questions remain about whether the PATTERN tool, which shows so much power to determine an inmate's eligibility to receive earned time credits, has been sufficiently validated by independent experts. I look forward to hearing from our Witnesses on this important question. I also look forward to examining the BOP's troubling response to the COVID-19 pandemic and its inability to protect inmates and staff adequately. Since the pandemic began, more than 50,000 BOP inmates have been infected with COVID-19. This month, in just a five-day span, more than 3,000 more inmates in our Federal prison system tested positive and two more inmates died from complications due to COVID bringing the total number of inmate deaths from the virus to 279. The number of staff Members to die of COVID-19 remains at seven, although that seven is seven too many. These numbers are quite frightening, and we must do more to protect individuals in custody, individuals who are placed in our, particularly those of high risk to several COVID-19 complications, even if that means releasing them. Nobody deserves to die from this disease, and we have a duty to ensure basic protections for those in our custody. Unfortunately, in the years since the pandemic began, BOP has failed to make sufficient use of the authority granted to it under the CARES Act to place certain prisoners in home confinement earlier than previously permitted by statute, leaving many inmates unnecessarily at risk of illness or death. After the Trump Administration ordered that people released under the CARES Act will have to return to custody when the spread of COVID-19 has abated, I was pleased to see that Attorney General Garland wisely reversed this policy. Most of these individuals will now be allowed to remain out of custody and continue with the work of rebuilding their lives. This is a significant and appropriate change and I commend the Biden Administration for making this important move. Long before the pandemic, the CARES Act under The First Step Act, BOP already had the power to petition for the release of any Federal inmate if extraordinary and compelling reasons warrant or if an inmate met several criteria. Despite this broad authority called compassionate release, BOP has routinely chosen not to seek compassionate release of inmates. This is a wasted opportunity to deliver justice to people of low risk of recidivism and to the families and communities who would benefit from their return home. In light of the low recidivism rates among individuals released under the CARES Act and during the pandemic, I hope that BOP will begin to utilize compassionate release more often. I also hope that BOP will commit to improving the conditions at its facilities across the country. I am aware particularly of unacceptable conditions at the Metropolitan Detention Center in Brooklyn, conditions that long predate COVID-19. For example, a frigid cold spell in early 2019, detainees there had no heat or electricity, and BOP officials had no plan in place to assure inmate safety in case of a power outage and had no sense of urgency whatsoever to address the problem. I, along with other Members, including Mr. Jeffries and Ms. Velazquez, toured the facility to see firsthand the terrible conditions. At the onset of the pandemic, we continue to get reports about inadequate treatment of those detained at the MDC. We must do better. That is why I am pleased that Dr. Venters and Dr. Goodwin are here today to discuss their observations while conducting on-site inspections of BOP facilities. I expect that you both will have helpful recommendations for what we can do moving forward to improve the conditions at BOP facilities. To help inmates pass to treatment and programming and to protect the most vulnerable in custody. We are also fortunate to have other distinguished guests here to speak with us about some of the critical issues I have discussed, and I look forward to hearing from each of you. Madam Chair, before I yield back, I would like to take a brief moment of personal privilege to recognize Joe Graupensperger for his long and valued service at the House Judiciary Committee. Joe came to the Committee in 2009 to work on crime policy for then Chair John Conyers, Jr. He is today the Chief Counsel of our Subcommittee on Crime, Terrorism, and Homeland Security. In that span of service, Joe has drafted dozens of laws, run hundreds of hearings like this one, and without question, helped to improve the lives of millions of Americans. In particular, we should observe that Joe has played a role in every major criminal justice reform effort that has been signed into law in the past decade and a half including the Fair Sentencing Act and The First Step Act, as well as laws to address the rape-kit backlog, reform surveillance practice, and establish rights for survivors of sexual assault, among many others. In fact, under Joe's leadership, despite a divided Congress and a Republican President, more than a dozen bills under the Crime Subcommittee jurisdiction was signed into law last Congress alone. Several others have been signed into law this Congress as well. Today is Joe's last hearing as Chief Counsel. I want to congratulate him on his recent engagement and wish him well in his upcoming move to Texas. We will miss his leadership, his friendship, and his steadfast dedication to justice for all. Simply put, our country is better off because of Joe's work as a public servant. Thank you, Joe, for your service to the Committee and best of luck with this exciting next chapter. With that, I yield back. Ms. Jackson Lee. Mr. Chair, thank you so very much for your statement, but also for your kind words. Of course, I would be remiss if I also did not acknowledge the very invaluable and long standing, knowledgeable service of Chief Counsel Joe Graupen-sperger. He has given to the Judiciary Committee and, of course, to this Subcommittee years of experience having come from the Department of Justice. If I might say his calm demeanor was a guiding pulse in making sure that the Crime Subcommittee and his service to then Chair and Ranking Member John Conyers, Jr., and of course, to you, Mr. Chair, was steady and constructive and helpful. You are right. He has been at the cornerstone of so much legislation that has helped millions and millions of Americans. I can think of legislation reducing gun violence, protecting the health and safety of those who are incarcerated, ensuring the need for access to counsel, and dealing with reducing domestic terrorism as well. This has been really a focus of this Committee and he has been at the center point of dealing with homeland security and reform of outdated drug laws. He has a passion for the law and a passion for service to the country and to this Committee and this Congress. I, too, would like to restrain him, but that I will not do because he is leaving because of a joyful moment in his life and that is an engagement to his wonderful now fiance and of course, the great opportunities for both of them. I want him to know that we are excited about his legacy and what he has done for this country through this Committee, but we are even more excited about his future. I want to congratulate you. I am glad we were able to have a Committee hearing that you had such a handprint on so that we could say congratulations to you. We will miss you, but we bid you adieu, my friend, and wish you the very best. I want to acknowledge the Ranking Member, Mr. Jordan. I thank him very much for his presence here today. It is now my pleasure to introduce today's Witnesses and again to thank them for their presence here and again to acknowledge the importance of their testimony. Gwen Levi was born and raised in Baltimore. As a mother of six, Levi lived a double life, serving as a PTA President and Model Cities representative, while also distributing cocaine and heroin. She is a cancer survivor, who in the 17th year of her 33-year prison sentence, was released to home confinement under the CARES Act, then returned to custody 13 months later due to a missed call from a halfway house. In July 2021, she was granted compassionate release under The First Step Act which resulted in a time served sentence. Dr. Homer Venters is a court-appointed prison and jail monitor and Adjunct Professor of New York University College of Global Public Health. He is a physician and epidemiologist, working at the intersection of incarceration, health, and human rights, specializing in prison health. He served on the Biden- Harris COVID-19 Health Equity Task Force and is a former Chief Medical Officer of Correctional Health Services at New York City Health and Hospital Corporation and author of Life and Death in Rikers Island. Dr. Venters received his medical doctorate from the University of Illinois-Urbana. Alison Guernsey is a Clinical Professor at the University of Iowa College of Law where she oversees the Federal Criminal Defense Clinic. She has also done extensive work on compassionate release, BOP's handling of COVID-19 and tracked deaths in BOP custody attributable to COVID-19. Ms. Guernsey is formerly an Assistant Federal Defender who served the United States District Court for the Eastern Districts of Washington and Idaho. She received her law degree from the University of Iowa College of Law where she was the Editor-in-Chief of the Iowa Law Review. Gretta Goodwin, Ph.D., is a Director of the Homeland Security and Justice Team at the U.S. Government Accountability Office where she leads GAO's work on justice and law enforcement issues. Her portfolio includes the Federal prison system, Federal law enforcement oversight and training, civil liberties and civil rights, vulnerable populations, and the Federal judiciary. During her 20-plus years at GAO, she also worked on issues related to Social Security reform, disability, worker protection, K-12, and higher education. Dr. Goodwin received her Ph.D. and Master's degree in Economics from the University of Nebraska at Lincoln and a Bachelor degree in Economics from the University of Houston. Julie Kelly is a political commentator and senior contributor at American Greatness. Ms. Kelly covers political and policy issues. She is an author and former political consultant for office holders and candidates in suburban Chicago. Her past work can be found at the Federalist and National Review, as well as guest editorials in the Wall Street Journal, Roll Call, and The Hill. Ms. Kelly is a 1990 graduate of Eastern Illinois University. She lives in Orland Park, Illinois with her husband and her two daughters. Melissa Hamilton, Ph.D., is a Senior Lecturer of Law in Criminal Justice at the University of Surrey, School of Law in the United Kingdom, who previously served as Visiting Criminal Law Fellow and Visiting Assistant Professor of Law at the University of Houston Law Center. Dr. Hamilton is a former police officer, former corrections officer, and former judicial clerk who is a member of the Task Force on Women and Community Corrections with the International Corrections and Prison Association. She previously served on the Risk Assessment Task Force with the National Association of Criminal Defense Lawyers. She received her Ph.D. in Criminology from the University of Texas at Austin and her J.D. from the University of Texas School of Law. I welcome all of you, welcome all our distinguished Witnesses. We are very grateful to them for their participation. It does not go unnoticed two Witnesses' connection to Texas and the University of Houston. It brings a great smile and of course, that means I have a smile for all the Witnesses. I will begin by swearing in our Witnesses. I ask our Witnesses to turn on their audio and make sure that I can see your faces and your raised hands while I administer the oath. Raised hands, raised right hands. Do you swear or affirm under penalty of perjury that the testimony you are about to give is true and correct to the best of your knowledge, information, and belief so help you God? Witnesses need to show your affirmative. Thank you so very much. Please note that your Witnesses statements will be entered into the record in their entirety. Accordingly, I ask that you summarize your testimony in five minutes. To help you stay within that time frame, there is a time light on your screen. When the light switches from green to yellow, you have one minute to conclude your testimony. When the light turns red, it signals that your five minutes have expired. It is now a pleasure to recognize Ms. Levi for five minutes. Ms. Levi, you are recognized. Please unmute and begin your testimony. Thank you very much. STATEMENT OF GWEN LEVI Ms. Levi. Good morning, Chair Jackson Lee, Ranking Member Biggs, and the Members of the Subcommittee. My name is Gwen Levi and I live in Baltimore, Maryland. In March 2020, when the first wave of the COVID-19 pandemic hit, I was 16 years into my sentence for a nonviolent drug offense. I was 74 years old and had just survived a bout with lung cancer. Like so many other people in prison at the time, I was worried about the deadly virus spreading throughout the prison. There was no vaccine yet and being in prison made physical distancing and proper hygiene almost impossible. Fortunately, Congress did pass the CARES Act in March. The law included a provision that allowed the Federal Bureau of Prisons to send people to home confinement for long periods of time to save lives and to limit the spread of COVID-19. Attorney General Barr established a strict criterion for home confinement limiting it to people who served more than half their sentence, had a clean disciplinary record for the past year, had no history of violence, and had a minimum score on the PATTERN risk assessment, and were among those considered high risk for suffering complications from COVID-19. I met all those criteria, and I was approved for home confinement the day before my 75th birthday. It was a blessing to be able to return home to my family and my 94-year-old surviving mother which my incarceration was especially difficult for her. When I left prison, I was sitting with an ankle monitor that tracked my every move. I could not leave my house to go anywhere, even the grocery store without permission from my case manager at the halfway house. Doing a home confinement is much better than prison, but it is still worlds away from being free. When I got home, I began advocating for criminal justice reform, especially women, people of color, the elderly, and those without a lot of money, people just like me. I wanted to make a positive contribution to my community. I signed up for a full session computer class administered by the Maryland Justice Project which was being held in a building owned by the Baltimore Police Department. I didn't know the building was designed to prevent GPS monitoring as a security measure so the ankle monitor I was wearing lost its signal. While I was in the second class on June 12th, my phone was turned off. Apparently, the halfway house tried calling me for the radio pinged my ankle bracelet. I didn't hear either device. That afternoon, I was told I had committed an escape which the Bureau defined as being out of touch for four hours. I was told to pack a bag and return to the halfway house. While at the halfway house, I was questioned and told to sign a statement so that I could go home. My attorney asked to be present at that hearing when I was being questioned, but they refused her request. The day after I signed the statement, I wasn't sent home. Instead, the United States Marshals came to the halfway house and arrested me. They put me in the D.C. Jail on June 16th telling my attorney that they would expedite my return to a Federal corrections facility to complete my sentence. As awful as that was, I was luckier than most. My family, though devastated, they sprang into action, so did the organizations I had been working with. The media picked up the story and it struck a nerve with the public. Organizations like the National Council of Formerly Incarcerated Women and Girls, FAM, organizations like Maryland Justice Project, these organizations would lobby to get me home. People across the country were outraged that during a pandemic, the BOP sent me, a 75-year-old cancer survivor to jail because I attended a computer class in the hope of finding a paying job. At that point, my request for a sentence reduction through compassionate release had been sitting in the court for more than a year. The Justice Department opposed my motion, just as they did nearly every motion for compassionate release that was filed. I was lucky this time. Thanks to the overwhelming support I received, my judge granted me compassionate release on July 6, 2021, reducing my sentence to time served. My long ordeal was almost finally over. My work to help others, however, goes on. I would like to share with the Subcommittee that there are things the Administration and Congress can do right now to help those in my position, people who are trying their best to make amends. First, President Biden could commute the sentences of everyone under CARES Act confinement to home confinement so that they can move forward with their lives. Second, as the latest COVID-19 variant makes its way through the prisons, the BOP and the Justice Department should use their authority to bring compassionate release motions on behalf of at-risk people. Ms. Jackson Lee. Ms. Levi, your time is expired. If you could wrap up, I will let you finish. If you could wrap up. Thank you. Ms. Levi. Finally, we would like Congress to pass legislation establishing an Oversight Committee so that these things that we are addressing today at this Subcommittee hearing can be addressed. I thank you for allowing me to testify this morning and I look forward to answering your questions. [The statement of Ms. Levi follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Jackson Lee. Thank you so very much. Dr. Venters, you are now recognized for five minutes. STATEMENT OF HOMER VENTERS Dr. Venters. Good morning, Chair Jackson Lee, Chair Nadler, Ranking Members Biggs and Jordan, and the Members of the Committee. Thank you for the opportunity to present this testimony. My name is Homer Venters. I am a physician and epidemiologist who has spent the past two years performing over 40 inspections of jails, prisons, and immigration detention facilities across the country to assess the adequacy of COVID- 19 responses including Bureau of Prisons facilities. The BOP is at a crucial juncture regarding healthcare for detained people and I fear that many critical lessons from the COVID-19 pandemic may be ignored or left unaddressed. My greatest area of concern is that pre-existing deficiencies in the health services provided to people in BOP custody which contributed to the spread and lethality of COVID-19 remain unaddressed. We must replicate the strengths and address the deficiencies in how the agency has responded. My investigations have revealed a disturbing lack of access to care when a new medical problem is encountered. In the first BOP facility I inspected, the Metropolitan Detention Center in Brooklyn, New York, it quickly became apparent that not only were reports of COVID-19 symptoms being ignored, but that the sick call requests people filled out were being destroyed, leaving no trace of their original reports. Systemic issues like this meant that when COVID-19 arrived, incarcerated people relied on a broken system of sick call to seek care. Chronic care and behavioral health are two more areas where preexisting weaknesses in the BOP health services worsened the morbidity and mortality of COVID-19. One example is the take it or leave it approach to COVID-19 vaccination in BOP's large scale vaccination events. This approach may suffice for some, but for patients on multiple medications, with complicated health histories, and many questions, it simply does not suffice. The BOP needs to improve these areas of care, but the principles laid out in then Attorney General Barr's memo from early in the pandemic stand today. There is a compelling and unrealized rationale for release of high-risk patients who pose minimal public safety risks. This approach is even more important now to consider during the omicron outbreaks because of the tremendous lack of staffing inside facilities. There is one critical task that remains unaddressed regarding the BOP and COVID-19. We must have an independent assessment of all COVID-19 deaths including those that occurred in private facilities. In my work, I have encountered significant strengths and deficiencies in the BOP COVID-19 responses. There is no doubt that many of these strengths saved lives and conversely, that many of these deficiencies led to preventable illness and death. To date, there has not been any systemic and independent review of deaths from COVID-19 in BOP custody, although a recent call for exactly this type of analysis was sent to the Inspector General of the DOJ. I strongly support this proposal, but it highlights a more fundamental problem for the BOP, the lack of independent assessment in how deaths are reviewed and more broadly, the lack of meaningful oversight by a health organization. Every other sector of healthcare in the United States has independent and professional health organizations reviewing the quality of care, but in the BOP and other carceral spaces, we leave those crucial assessments to law enforcement to review its own provision of health care. For the BOP to improve its overall health services and prepare for the next infectious disease outbreak, we must have an independent assessment of COVID-19 related deaths among people in BOP and Marshals custody. We also must create an independent health authority to oversee and report on all aspects of healthcare inside BOP facilities. The BOP faces an important choice in how they respond to COVID-19 and work to improve their health services. In community health settings, we do not allow a hospital or a clinic to be the arbiter of how well they were doing. Instead, we rely on external agencies and authorities with health expertise for this critical work. Currently, the BOP is left to make its own assessments about the quality and scope of its healthcare and only sporadic investigations by the Inspector General of the Department of Justice provide alternative viewpoints. This is wholly insufficient and leaves incarcerated people at a systemic disadvantage because the organizations and structures that measure and promote health for the rest of the nation--for the rest of us--are excluded from the care people receive in the BOP. The BOP has an opportunity to start addressing this unequal system of care and it must start with an honest assessment of COVID-19 deaths and partnership with the CDC and other true health organizations. Thank you for the opportunity to provide this testimony. I am happy to take any questions. [The statement of Dr. Venters follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Jackson Lee. Dr. Venters, thank you so very much for your testimony. Now I would like to recognize Ms. Guernsey for five minutes. Thank you. STATEMENT OF ALISON GUERNSEY Ms. Guernsey. Chair, Subcommittee Chair and Ranking Members, thank you for inviting me to testify here today for the more than 153,000 people currently incarcerated in federal facilities. The topics that the Committee is going to address today are literally a matter of life and death. My name is Alison Guernsey, and I am a Clinical Associate Professor at the University of Iowa College of Law where I direct the Federal Criminal Defense Clinic. My students and I represent indigent people who have been charged with Federal crimes or who are seeking sentencing reductions in various Federal Districts and Circuit Courts across the country. This includes motions for compassionate release and advocacy under the CARES Act. In addition to our direct representation, however, we spent the past 22 months attempting to monitor and track the COVID-19 related deaths and infections in the Bureau of Prisons with an eye towards identifying the impact of the BOP's actions on the availability and use of compassionate release. Because of the people currently living in our prisons have been the driver behind our work, I want to start today by highlighting their real human toll COVID-19 has exacted. I want to tell you about Jaime Benevides. Mr. Benevides was a 49-year-old father and brother from Texas who died of COVID- 19 while being housed at a medical facility in Springfield, Missouri. In March 2022, Mr. Benevides was sentenced for marijuana trafficking to 30 months. He had long-term pre- existing medical conditions that the CDC had listed as increasing his risk of severe COVID and even death. Not surprisingly, in December 2020, Mr. Benevides caught COVID. He started to get better until he didn't. In March of 2021, he was transported to the hospital and just days later he died. At the time of his death, Mr. Benevides had served 20 months of his 30-month sentence. From the information we know, Mr. Benevides was a strong candidate for CARES Act home confinement. From what we know, he could have even had a shot at compassionate release. Although it is impossible tell from the Bureau of Prison's publicly-available data whether he applied for either, we know that he certainly did not get them. Mr. Benevides is one of thousands of people across the country in federal facilities who have caught COVID, some of them more than once. The deaths are close to 300 that have occurred since March 2020. As I highlight in detail my written remarks, having spent the past 22 months monitoring the BOP data and talking to advocates both inside and out of Federal prison, there is serious questions about the veracity of the BOP's infection and death data. Not only do these questions cast doubt on the BOP's handling of the pandemic, but they have real-world impact on the adjudication of compassionate release motions. First, the death rate. According to the currently available public data from the Bureau of Prisons, as of today, there are 279 people who have died from COVID who were housed in Federal facilities. But this number is suspect for several reasons: First, delayed reporting; second, it doesn't include anyone who has died in a privately managed facility with a Federal contract; and third, it excludes people who are granted compassionate release just in time to die free. Second, the infection rate. The Bureau of Prisons has admitted that its cumulative infection rate doesn't include anyone who caught COVID and was then released from prison. Moreover, infection rate data is only as good as its testing. The BOP reports only one testing variable for incarcerated people, the number of people it tests. By recording the number of people it tests, as opposed to the number of tests administered, the BOP is able to hide whether a low-infection rate is due to low COVID prevalence or simply inadequate testing. As advocates and people who are incarcerated have reported day after day, their suspicion is the latter. The accuracy of the BOP's data matters. Federal courts rely on it routinely in granting compassionate release and if a judge misjudges the COVID risk based on inaccurate data, people that we know are medically vulnerable will be left in prison to die. We know the Bureau of Prisons is not bridging that gap. It has approved only 43 requests in 2020 and in the first part of 2021 only 9. So, reduction is simple. What must we do? We should the BOP to report accurate and verifiable data. We should require them to do this for deaths and for infections. We should require the BOP to comply with the mandates already articulated in The First Step Act, that requiring them to report to this Committee in Congress what they are doing with respect to compassionate release procedures. I appreciate you taking the time to focus on some of the people who are the most vulnerable during the pandemic and I welcome your questions. [The statement of Ms. Guernsey follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Jackson Lee. Thank you very much, Ms. Guernsey, for your statement. Now, Ms. Goodwin, it is my pleasure to recognize you for five minutes. STATEMENT OF GRETTA L. GOODWIN Ms. Goodwin. Chair Jackson Lee, Ranking Member Biggs, Chair Nadler, and Ranking Member Jordan and the Members of this Subcommittee, I am pleased to be here today to discuss the recommendations we made to enhance BOP's COVID-19 response and BOP's efforts to address them and our on-going work on DOJ and BOP's implementation of certain provisions in The First Step Act. BOP is responsible not only for the supervision and custody of more than 157,000 Federal inmates, but also for their healthcare, safety, and rehabilitation. The COVID-19 pandemic has strained congregate living facilities such as prisons which are more vulnerable to infectious disease outbreaks. As of yesterday, BOP attributed 279 inmate deaths and 7 staff member deaths to COVID-19. Our report examining BOP's COVID-19 response found that while BOP developed an updated guidance with input from the CDC, BOP staff reported confusion about how to implement the guidance. We recommended that BOP routinely evaluate how it communicates its guidance to facility staff and modify its approach to ensure protocols are clearly communicated. BOP has taken some actions such as surveying its staff on COVID-19 guidance. We will continue to monitor BOP's efforts to review and assess staff feedback and to modify its COVID-19 guidance as needed. We also examined the process that BOP uses to identify and share best practices and lessons learned. To do this, BOP holds teleconferences among officials and inspects facilities. However, we found that the agency does not capture or share bureau-wide the lessons and best practices learned from these efforts. We recommended that BOP develop and implement an approach to capture and share best practices and lessons learned, as well as ensure that its facilities are applying this information to COVID-19 and future public health emergency response efforts. BOP continues to work on its approach to implementing these recommendations and we will continue to monitor its progress. Even as BOP has put COVID-19 protocols in place, it still has obligations to provide inmates with programs to advance their education and development. The First Step Act contains a number of requirements for BOP and DOJ related to assessing inmates' recidivism risk and the need for programs that target certain risk factors. DOJ has developed a risk assessment tool known as PATTERN which is designed to predict the likelihood of recidivism for all BOP inmates. BOP has begun to formalize and enhance its needs assessment system. BOP uses PATTERN risk scores, and inmates' needs assessments to determine the type and amount of evidence-based recidivism reduction programming that is appropriate for each Federal inmate. Eligible inmates who successfully participate in this programming or other productive activities may earn time credits that will allow them to be placed in pre-release custody or supervised release earlier than previously allowed. The First Step Act requires GAO to review the actions BOP and DOJ have taken to implement the risk and needs assessment system. Our ongoing work will analyze BOP data to determine if it is conducting risk and needs assessments with the frequency required by law. We will also examine inmates' participation in evidence-based recidivism reduction programming and productive activities, and we will examine BOP's process for applying time credits to reduce inmate sentences, and we will monitor BOP's new Rule implementing the Federal time credit program. Our prior work illustrates the importance of BOP effectively communicating its COVID-19 guidance to staff and ensuring that lessons learned from the pandemic are captured, shared, and applied. Our ongoing work on The First Step Act requirements is both timely and relevant in light of COVID-19. Chair Jackson Lee, Ranking Member Biggs, Chair Nadler, Ranking Member Jordan, and the Members of this Subcommittee, this concludes my remarks. I am happy to answer any questions you have. [The statement of Ms. Goodwin follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Jackson Lee. Thank you very much, Ms. Goodwin, and thank you for your work. Ms. Kelly, I am very pleased to recognize you for five minutes. STATEMENT OF JULIE KELLY Ms. Kelly. Thank you, Chair Jackson Lee and Ranking Member Biggs, Chair Nadler, and Ranking Member Jordan. My name is Julie Kelly. I am a Senior Contributor for American Greatness. For nearly a year, I have reported on the inhumane conditions at the D.C. Correctional Treatment Facility which has been set aside to detain Americans charged in the Justice Department's Capitol breach probe. The Justice Department has sought pre- trial detention for at least 100 January 6th protesters and right now more than 70 men are incarcerated at prisons across the country awaiting trial. At least 37 of those men are detained at the D.C. Correctional Treatment Facility. It is important to underscore to the Committee and those watching that these defendants have not been convicted of any crime. Most have no criminal record, and some do not even face violent charges related to their conduct on January 6th. Many detainees don't even have a court date yet. They have been denied bail because prosecutors insist they are a threat to society based on their participation in the Capitol protest and Federal judges on the D.C. District Court have consented to the Justice Department's demands to keep them behind bars while at the same time repeatedly delaying their trials until the middle and end of this year. The original rationale for keeping the January 6th protesters separated from the general population incarcerated at the D.C. Department of Corrections was to protect them from more violent criminals. It appears, however, that the D.C. Jail for January 6th protesters is more of a political prison for Americans who protested Joe Biden's election. Detainees at the D.C. Jail have reported numerous human rights and constitutional violations. A detainee I spoke with this week, an Army Reservist charged with no violence crimes, who nonetheless has been in prison since his arrest one year ago, confirmed the January 6th jail is under 22-hour lockdown due to COVID. It is nearly impossible for detainees to meet with their attorneys or access the discovery evidence against them. Defense lawyers have complained that it takes months for their clients to finally receive digital discovery materials because jail officials are withholding the evidence. The viewing of video evidence, especially any clip produced from the roughly 14,000 hours of surveillance video captured by Capitol security cameras on January 6th at the Justice Department designated highly sensitive government material is under strict rules. It is nearly impossible for detainees to watch any relevant video concealed under protective orders. The situation is so egregious that the D.C. District Court banned the committee-to-committee to attempt to resolve the problem between defense attorneys and detainees accessing their evidence. Judge Randolph Moss blasted the D.C. Jail for withholding evidence from an accused defendant. ``I can't allow some to stay in prison for this long without access for material,'' Moss said back in July, calling the delays utterly unacceptable and not consistent with due process. Six months later, the situation does not appear to be improving. Living conditions are also utterly unacceptable. Detainees do not have access to religious service, a law library, or even personal hygiene services. They have not seen their family in nearly a year. Detainees have reported instances of racially and politically motivated verbal abuse. I am told the only newspaper distributed within the D.C. Jail for January 6th defendants is a paper published by the Nation of Islam. Just this week, Marvin Bickham, a Federal Detention Monitor for the U.S. Marshals Service detailed several issues at the D.C. Jail for January 6th detainees such as the presence of mold and maintenance of CPAP machines. They have been reported that detainees who refuse to get the COVID shot are denied shaving gear and haircuts. Detainees who refuse the vaccine cannot have personal visits. Regardless of vaccine status, January 6th detainees are only allowed out two hours a day for recreation time which means now they are spending 22 hours alone in a freezing, what I am told freezing, eight by ten cell. Again, these men have been convicted of no crime. They [inaudible] from detainees' lawyers and judges about lack of access to discovery material. Bickham wrote in his report, they are only allowed access to computers to review electronic discovery for only 14 days and there are not enough computers to go around. This is a clear violation of the 6th Amendment, yet Bickham still concluded that the conditions in the D.C. Jail for January 6th detainees are appropriate and consistent with Federal prisoner standards. I see my time is up. Thank you so much for inviting me here today. I look forward to answering any questions. [The statement of Ms. Kelly follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Jackson Lee. Ms. Kelly, we thank you. Ms. Hamilton, I now recognize you for five minutes. You are recognized. STATEMENT OF MELISSA HAMILTON Ms. Hamilton. Thank you, esteemed Committee, for the opportunity to provide information about the current State of PATTERN which is the name of the risk-assessment tool developed under the auspices of The First Step Act. I will make six points. Transparency regarding PATTERN has waxed and waned. Notably, the most recent NIJ review and revalidation report of December 2021 provides a healthy amount of information. I refer to it here as the NIJ Report. The second point is that the version of PATTERN being used now for purposes of The First Step Act implementation is fundamentally flawed. The NIJ report reveals, for example, that two thirds of the risk factors were incorrectly weighted. Most factors were incorrectly defined and there were additional scoring errors. According to the NIJ report, due to these problems overall 11 percent of BOP population is placed in the wrong risk level. Third, the NIJ report offers a new version of PATTERN which corrects these errors and makes significant modifications otherwise. Nonetheless, this updated version will not be used in practice unless and until it is formally approved by the Attorney General himself. A time frame is not offered for that process. Consequently, there are over 14,000 prisoners in BOP custody with admittedly incorrect classifications. This impacts upon many of these individuals' ability to draw on the incentives that The First Step Act was meant to offer. The DOJ position is that nothing can be done until a new version is approved, the individuals reassessed, and then assigned new risk levels. Fourth, the NIJ report informs that PATTERN does not perform equally based on race and ethnicity. I do applaud the new NIJ consultants for helpfully providing multiple metrics on this. In sum, the tool over predicts which means unnecessarily classifying as a high risk the likelihood of any re-arrests specifically for African Americans, Asian Americans, and Hispanic Americans. Moreover, a recent DOJ publication revealed that a high- risk classification applies to over 50 percent of African Americans compared to 28 percent of race. Further, more work should be done toward ameliorating potential disparities. Fifth, sadly, NIJ report reveals that PATTERN operates with significant rates of error and that it disproportionately prefers false positives over false negatives. A false positive is the incorrect prediction of high risk when the individual remains crime free whereas false negative is the incorrect prediction of low risk. This means that a choice has been made to design the tool to perform far less accurately when designating persons of high risk which means placing too many individuals into the high-risk groupings than is necessary. This is a curious choice. As The First Step Act was designed, there is little danger to the public of incorrect predictions, and this does not lead to immediate release. Instead, the predictions relate to who is given more robust incentives to engage with rehabilitative programming. Thus, a policy directive could be to recalibrate patterns to reduce false positives which in turn would increase the number of individuals who are eligible to work toward earned time credit. Sixth, so far there has been no validation of the needs aspect of the broader system. The BOP is working to identify appropriate programs, but at this time, a significant divide exists between program availability and demand in many BOP facilities, resulting in sort of a lottery system whereby the luck of the draw in facility placement in some individuals will have greater access than others to earning time credit. In conclusion, I remain hopeful that there is a path for congressional intent to be realized with The First Step Act. On a risk guide, this will require continued effort to correct the current inaccurate rating and the brainstorm on ways to reduce racial disparities in the next version of PATTERN that must be offered to the Attorney General for approval. On the needs side of it, this means supplementing program availability and then conducting a validation of the needs component. Thank you. [The statement of Ms. Hamilton follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Jackson Lee. Thank you very much for your testimony. I thank all of you for your opening statements. We will now proceed under the five-minute Rule with questions, and I will begin by recognizing myself for five minutes. Again, thanking all of you. Looking forward to the testimony of the Witnesses. Let me just briefly indicate that under compassionate release--the facts that have come to my attention--21,150 motions were filed, 3,608 motions were granted, and so 6,957 motions were denied. Ninty-six percent of the motions filed for compassionate relief were done by the prisons. That means the BOP was assessing no one, barely, and barely responding to the crisis of COVID-19. I'd like to explore that, first, with Ms. Guernsey and ask with the framework whether or not the legislation or the opportunity and the compassionate release was taken seriously during the height of COVID-19, which continues today. In your extensive work tracking compassionate relief and COVID-19 deaths in custody, have you noticed a trend where BOP has attributed an inmate's death to the very illness on which the inmate relied to request compassionate relief? If so, could you elaborate and tell us how frequently you've seen this happen and can you talk about whether or not there's been an active review of those with COVID-19 or maybe vulnerable to COVID-19 and the BOP assessing them and providing them with compassionate release? Ms. Guernsey? Ms. Guernsey. Thank you. I think that one of the things to make very clear at the outset is that, oftentimes--in fact, in almost every case--where an individual has died while seeking compassionate release, if you pull up the motions that they filed with federal court you will see that the prosecutors oftentimes argue--in almost all cases, in fact--that the conditions that the person suffers from aren't the type of conditions that would arise to the level of an extraordinary and compelling reason for a sentence reduction. Oftentimes, they rely on the medical records that the Bureau of Prisons has provided, and they oftentimes argued in front of the district courts that the Bureau of Prisons was providing adequate medical care. What is so striking about that position from the Department of Justice is that as soon as somebody ended up dying while they were seeking compassionate release or dying from COVID, generally, in prison, the Bureau of Prisons would immediately or sometimes, in a delayed sense, issue a press release and those press releases would always say as a justification for the death that the person suffered from conditions--chronic conditions--that the CDC had listed as making them more likely to be vulnerable to severe illness or death. So, the doublespeak coming out of the Department of Justice is quite striking. You have prosecutors arguing in court that the Bureau of Prisons is just fine, and you have the Bureau of Prisons stating in press releases after the death happens nothing to see here--in fact, this person was already ill. Ms. Jackson Lee. Thank you. Thank you so very much. Ms. Goodwin, would you explain what GAO found regarding staffing issues in the BOP facilities and how these issues are related to BOP's response to COVID-19 and its ability to provide services and programming and care to inmates? My time is running short. If you can give me a quick answer, I would greatly appreciate it. Ms. Goodwin. Okay. Thank you, Congresswoman. So, when we did the report looking at BOP staffing we found that BOP faced a number of challenges and they were very constrained with their staffing and one of the effects of that is the delivery of services. Like, some of the folks who were in prison weren't able to participate in various services or programming because the staff weren't available. Some of the other issues or concerns there would be, was having the appropriate number of staff to actually provide whatever kind of service that the inmates would need. So, as you move forward from that BOP staffing report and you look at, now, in this COVID-19 environment you have fewer staff to assist with the inmates and the fewer staff, maybe because of staffing issues or maybe because the staff have become infected with the virus themselves, you just have so fewer people to manage and address any of the challenges or services that the inmates need. So, it's kind of like a round--a loop. Ms. Jackson Lee. Thank you. Thank you so very much. Dr. Hamilton, I'm disturbed by the disparities of risk assessment. Would you provide just a brief response on how that impacts justice when there's a bias of where inmates may have come from, bias on race, gender, and otherwise? Ms. Hamilton. So, bias infects the system. So, often people assume that an algorithm cannot be biased. If it's based on biased data, then the algorithm becomes biased and then it produces biased results such as an over prediction and in turn then that encourages, unfortunately, people to believe that these are dangerous individuals when it may simply be based on bias. Then, real briefly, there something can be done and the NIJ consultants are aware of the discussions in the broader community about how to reduce biases in these types of algorithms. Ms. Jackson Lee. Thank you very much. My time has expired. I recognize Mr. Biggs for his questioning. Mr. Biggs. Thank you, Madam Chair, and I thank all the Witnesses for their testimony. I feel like we have received important information already today and I appreciate your testimony and, hopefully, I think we'll get an opportunity to comment on that later. I hope, Madam Chair, as we do a follow-up--no doubt do a follow-up hearing on what we learned today that we'd bring in Bureau of Prison personnel and so that we might be able to question them as well. I think that would be important. Ms. Kelly, thank you for being here today. Ms. Jackson Lee. Mr. Biggs, I don't want to interrupt you, but you are absolutely right, and we will be having the very next hearing in a few next days on that very point. Thank you so very much. I just wanted to answer you immediately. Mr. Biggs. Thank you. Thank you, Madam Chair. Ms. Jackson Lee. I yield back. Mr. Biggs. Thank you. Ms. Kelly, as I mentioned during my opening statement, some of the January 6th defendants have been held in solitary confinement for extended periods of time. What have you heard from detainees and their families or lawyers about how these men are coping with incarceration conditions that, simply, are not permissible in the United States? Ms. Kelly. Thank you, Ranking Member Biggs, for that question and for inviting me. It's, as you can imagine, extremely difficult. They were in solitary confinement conditions for the first several months of their incarceration, based on the pandemic, and then those conditions were loosened up a little bit. Now they are back to 22 hours in their cell with only two hours out. That only gives them time to--that's all the time that they have to try to communicate with their family, their lawyers, to see the discovery evidence against them. As I said, some of these men are not charged with any violent crime, and at the same time that COVID is impacting what's happening at the D.C. Jail for January 6th defendants, their trial dates now are getting pushed further out. For instance, I covered a hearing this week for Robert Gieswein. He has been incarcerated for over a year, not convicted of any crime, of course. He he will be in COVID isolation for 30 days based on the testing that's going on there. Even if someone tests positive in his unit--he was in 14 days isolation, came out, someone else tested positive. He's now in another 14 days. His trial was set to begin the end of February. Judge Sullivan just moved it to the end of April, now. So, he will be in jail almost 18 months before he even has a chance to defend himself in a court of law. Mr. Biggs. So, Ms. Kelly, you mentioned Mr. Bickman going and investigating and coming up and determining that this kind of isolated treatment is appropriate for the January 6th detainees. My question for you is, is this treatment that they're receiving consistent of all Federal prisoners who are in pretrial detention? Ms. Kelly. That I don't know. That would be a great question. Maybe some of the other Witnesses have an answer for that. The idea that now they've been returned to what now is confirmed--I heard this from family Members and detainees over the past week or so--but now that it's been confirmed by U.S. Marshals, I don't know if that's the situation for all 130 some odd Federal detainees, not including the ones who are just there under pretrial detention. I just don't have an answer for that. My assumption is that no, this is not the situation for other pretrial detainees in the Federal system right now. Mr. Biggs. In October, Judge Royce Lamberth found the director of the D.C. Department of Corrections and the D.C. Jail warden in contempt of court for repeatedly refusing to turn over the medical records related to the care of Christopher Worrell, a former January 6th detainee who suffers from non-Hodgkins lymphoma. What happened in that case and what's the status now? Ms. Kelly. So, Judge Lamberth repeatedly asked for the medical records related to Christopher Worrell, who does suffer from non-Hodgkins lymphoma. His case worsened while he was in the D.C. Jail. He was denied medical care. He also broke his hand and was not getting attention for that. So, his medical condition worsened. Finally, a doctor decided that he needed weekly chemotherapy--intensive chemo and radiation every week, and Judge Lamberth had enough, finally. Now, Judge Lamberth has signed-off on many of these pretrial detention orders, but because he was not getting the documents that he requested in October, he cited both of them for Contempt of Court. He also referred this case to DOJ for civil rights violations. I have no update on that. Then Mr. Worrell was finally moved out of the D.C. Jail so he could get the care that he needed. I still don't think he has a trial date yet either. Mr. Biggs. Who's Kathleen Landerkin? Ms. Kelly. She was the Deputy Warden for the D.C. Jail. I believe she is still there. As you know, Representative Biggs, there were several Republican House Members who signed a letter demanding her resignation after social media posts showed extreme political bias against former President Trump and Trump supporters. It was racially biased. It was politically biased, religiously biased. As soon as her posts were exposed to the public, she deleted her Twitter account that showed exactly who she was and her views of the people under her care. Mr. Biggs. Thank you. Thank you. My time has expired. Madam Chair, I would like to submit screen shots of Ms. Landerkin's social media depicting what Ms. Kelly has just stated. Ms. Jackson Lee. Without objection, so ordered. [The information follows:] MR. BIGGS FOR THE RECORD ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Biggs. Thank you. Ms. Jackson Lee. Thank you. Mr. Biggs. I yield to you. Thank you. Ms. Jackson Lee. Thank you to the Ranking Member. It's now my privilege to recognize the gentleman from New York, the distinguished Chair of the Full Committee, Mr. Nadler. Chair Nadler. Well, thank you, Madam Chair. Dr. Venters, you bring deep experience in evaluating not just individual provisions of medical care in correctional facilities but also managing and evaluating systemic issues from your role at Rikers Island. I know you visited the Brooklyn MDC during the first large COVID outbreak in 2020, spoke directly to a number of incarcerated people and also evaluated the adequacy of medical care there. Was there anything about MDC's medical response to COVID that stood out to you as more concerning than what you saw at the BOP nationwide? Mr. Venters. I think two of the things I was especially concerned about were the approach of just letting the virus run rampant--locking people in small spaces and letting the virus run through housing areas with little or even no care, and the other was that when people were reporting problems through sick call slips, until we started looking into this the practice in the facility was to throw those slips out. If a person never got seen, there was no actual record of what they had experienced and that was especially shocking to me. I really hadn't encountered that previously in my work in correctional health. Chair Nadler. I gather this is totally contrary to be BOP policy? Mr. Venters. Yes. I, certainly, have looked at how sick call is approached during the COVID pandemics because there's only a few ways people can get care when they get sick with COVID. So, it's a special area of scrutiny for me everywhere I go. Chair Nadler. Do you have a sense of how MDC Brooklyn is dealing with medical care today as it faces among the highest positivity rates for COVID-19 among detainees of any BOP facility in the country, and did they seem to learn anything from the initial outbreak? Mr. Venters. Well, I haven't been back in the facility, I should say. I think my concern now is that, like a lot of facilities, there's a huge number of cases happening very quickly but that there is still not a system to find and keep a special eye on high-risk people--people with special-risk factors--because while we all think of Omicron as being potentially less deadly, overall, we know who are the people that are most likely to die. It's really important, as staff gets sick themselves and there's less work that can be done, to keep a special eye on high-risk people, both to check on them every day for symptoms but also to aggressively push for potential release when they meet the public safety criteria. Chair Nadler. Thank you. Professor Guernsey, can you explain the discrepancy between your reported number of deaths and BOP's reported number of deaths? Ms. Guernsey. I'll attempt to do so with the information that's publicly available, but it's really quite difficult. The Bureau of Prisons is reporting 279 deaths. We know for a fact that this number doesn't include the 18 people whose names we learned through a Freedom of Information Act request who were incarcerated in private facilities that had a Federal contract. The other problem is that the Bureau of Prisons is, frankly, removing numbers from its website, particularly the numbers with respect to these privately managed facilities. The other issue that we're having is that the reporting of deaths appears to be quite substantially delayed. Of the people who I can track, which is very few--it's only 276 out of the potential 297--several of them--more than a dozen died and the Bureau of Prisons did not report their deaths within six months. Frankly, there were two that it took a year for the Bureau of Prisons to report. The other issue is that the Bureau of Prisons and, frankly, Federal courts are granting compassionate release when people are on their death beds and so they will, literally, be released so that they don't die in chains, and those numbers are never attributed to the total death count at the Bureau of Prisons. Chair Nadler. So, BOP's policy seems to be downright dishonest is what you're really saying? Ms. Guernsey. I can't speak for the motivation behind the Bureau of Prisons. I can tell you that the data indicates that there are substantially more deaths than they are reporting, and that's just limited data. I still have two Freedom of Information Act requests outstanding so it's difficult to do a comparison. Chair Nadler. Thank you. My last question is how has BOP- reported information to family Members of individuals who died in custody differed from the information you received from BOP through Freedom of Information Act requests, and do you believe the BOP is withholding information from families of individuals who die in custody? Ms. Guernsey. So, I've attempted to reach out to a lot of family Members, and I've been quite surprised at how many say, I had no idea that my family member, in fact, died from COVID. I can think of two families off the top of my head that were given information that their loved one died from a pre-existing condition when, in fact, the FOIA that I received indicated the death was the result of COVID-19. Chair Nadler. Thank you. I yield back. Ms. Jackson Lee. I thank the Chair very much for his questioning. Now, I'd like to recognize--pleased to recognize the gentlelady from California, Ms. Bass, for five minutes. [No response.] Ms. Jackson Lee. We'll come back to her. We'll come back to her. At this time, it's pleasing as well to recognize the gentlelady from Florida and that is Ms. Demings for five minutes. Ms. Demings. Thank you so much, Madam Chair, and for holding this very important hearing, and thank you to all our Witnesses for joining us today. There is no doubt the testimony we have heard about the operation of the Federal Bureau of Prisons is troubling. I did my internship--yeah, it was a lot of years ago, but I did my internship in a Federal correctional institution. There were challenges then and it is apparent today, based on our Witnesses' testimony, that we still have a lot of work to do. We have heard testimony that describes the poor conditions. My colleague, Mr. Biggs, talked about the filth that is just unimaginable. We have heard about inadequate medical care and attention, a failure to properly administer authorities granted by Congress. Yes, we can hold people accountable, but we know that we can also treat them with dignity. I'm glad we're having this hearing to confront these important issues and I hope we're able to have someone--we have already heard it but, let me just say it again--I hope that we're able to have someone from the Bureau of Prisons before us soon to continue the conversation. Chair Jackson Lee, thank you for your commitment there. Ms. Goodwin, you testified that the GAO's work has shown that BOP's deficiencies can, generally, be categorized into three themes, one of which is inadequate management of staff and resources. Ms. Goodwin, could you just please expand a bit on that and show how BOP's deficiencies in their management style, if you will, contribute to other issues identified by your office? Ms. Goodwin. Thank you for that question, Congresswoman. GAO, every two years, does what we call the high-risk list where we note the agencies that we think are at risk for issues around fraud, waste, abuse, or mismanagement of resources. So, this past high-risk list GAO listed the management of the Federal prison system as an emerging issue because we were concerned about those three themes, particularly, the first one being management of resources and the number of times the leadership has changed over. When that happens, that affects everything else in the agency. It affects the staffing. When we did the report looking at BOP staffing, and to circle back to the question I got from the Chair earlier, if you don't have the appropriate staff, you can't get the appropriate programs to the inmates. Then if you're short staffed, here comes COVID, and if staff are going out because of COVID that's fewer and fewer staff that you have to just provide services to the people who are incarcerated. Another reason we have listed BOP as an issue--as an emerging issue on the high-risk list is just the management of resources. When we did the staffing report, just getting information about how BOP was conducting augmentation or information about how they were providing overtime and how that was being done across the number of staff that they had it was problematic. The agency has faced some fairly severe staffing challenges before COVID, and then once COVID hit, those challenges were only exacerbated. So, we will continue to review everything that's happening at the agency, and we'll see if they're an emerging issue now, and we will make decisions about whether they become placed on the high-risk list later on. One of the things we're looking at is how they're going to be implementing the First Step Act. Those requirements, particularly the needs and risk assessment, that's ongoing work we have right now. So, that will help feed into our determination as to whether they end up on the high-risk list. Ms. Demings. Ms. Goodwin, you also talked about inadequate planning for new programs and initiatives that help inmates prepare for a successful return back into our community. Can you also expand a little bit on that and what needs to be done there in your recommendation to improve the planning for future success? Ms. Goodwin. Yes. The couple things that we looked at there, when BOP would pilot new programs, just paying attention and keeping the data on the effectiveness of those programs to see if it's something that they could put up on a larger scale and provide throughout the agency. Just lessons learned from all that we found that the agency wasn't adequately capturing that. So, at times, they might be duplicating efforts, or they might just not be getting the cost--paying attention to the cost benefits or cost effectiveness of the efforts that they had ongoing. So, you do something one year and then maybe 10-15 years later you might try something again. Did you learn from what didn't work the first time? Ms. Demings. Thank you. Yeah, thank you. I'm out of time. I just want to say very quickly, Madam Chair, Ms. Levi, thank you so much. I didn't get to my question to you but thank you so much for sharing your story. It is most helpful for this Committee. Madam Chair, I do yield back. Ms. Jackson Lee. The gentlelady yields. Thank you so very much. Mr. Chabot, let me yield to you for five minutes and thank you for accepting my apology. Thank you. Mr. Chabot. No problem. Madam Chair, the conditions of inmates at prisons are important. No question about that. Before there was an incarceration, a crime was committed. Back in the summer of 2020 following the horrific death of George Floyd, many protesters and elected officials, mostly Democrats, across the country proclaimed that because Mr. Floyd had died at the hands of a police officer it was time to defund the police. In cities across America we did, indeed, see that defunding, and we have seen the Federal prosecutor, again, overwhelmingly Democratic--liberal prosecutors--deciding that they no longer prosecute so-called low-level offenses, like shoplifting which, for example, resulted in mobs with sledgehammers rampaging through department stores. We have also seen the left's relentless campaign to eliminate cash bail. Criminals commit crimes, they're quickly released on low or no bail, and they go out and commit more crimes. It's even gotten too much for, of all people, Governor Newsom in California. Apparently, thieves have been raiding cargo containers on trains near downtown L.A. for months. For months. Thousands of empty cardboard boxes were strewn [inaudible] after they'd been plundered. Newsom said it looked like a third world country. No wonder we have a supply-chain problem. Unfortunately, this is just the tip of the iceberg when it comes to the level of crime in America, particularly in cities. Madam Chair, I urge the majority to invite the Attorney General and the FBI to testify--the Director of the FBI to testify before this Committee to discuss their strategy for combating the current spike of violence and crime in this nation. Now, I'd like to direct a question to Ms. Kelly. As a result of the Antifa and BLM-led marches, which, in many cases, led to riots and violence, there was an effort by the left, including some Democrats in Congress, to defund the police. Because most major cities across the country are controlled overwhelmingly by Democrats, many police departments were, indeed, defunded. For example, Portland, Oregon, $16 million cut; Baltimore, $23 million; Philadelphia, $33 million; San Francisco, $120 million; Austin, Texas, and L.A., $150 million; and New York City cut its police department by a billion dollars. My question is, do you believe that this defunding of police has contributed to the increased crime rates that we're seeing currently? Ms. Kelly. This question is to me? Mr. Chabot. Yes. Ms. Kelly. Ms. Kelly. Oh, yes. Well, I assume so. I'm not an expert specifically on that. I will say that people who I hear from, based on my work, the disparity in the treatment between Capitol protesters and those who rioted and did far more destruction to the country, responsible for $2 billion worth of damages, thousands-- hundreds or thousands of police officers attacked and assaulted, and nearly two dozen deaths related to what happened in the summer of 2020, what I hear mostly from Americans is outrage over this disparity between the treatment of those rioters, activists, whatever you want to call them, and what happened for four hours at the Capitol, the DOJ and FBI rounding up people every single week, mostly on misdemeanors, but nonetheless, treating them as domestic terrorists while we have so many of the offenders from 2020 who have not been charged anywhere close to what these people have been. Mr. Chabot. Thank you. Just to follow up, I would also note that during the course of those riots that I mentioned earlier there were approximately 2,000 police officers who were injured, some severely, and, unfortunately, some died. I'd also note that one of the things that my Democratic colleagues in Congress wanted to do was to take away their qualified immunity, which would, basically, allow people to sue police officers in their personal capacity, in which case their pension funds, their home, their college funds for their kids, could all be at risk of greedy trial lawyers. What sane person is going to want to go into policing if you're actually going against their personal assets? It's no wonder that we've seen morale decline to a considerable degree, less proactive policing in some communities across the country, and the resulting rise in crime rates. Whereas this is a very important topic, Madam Chair, that we're discussing today, we ought to be discussing that crime and the dramatic impact it's having on the quality of life in this Nation across the country. I yield back. Ms. Jackson Lee. Mr. Chabot, let me thank you. I would be remiss if I did not remind our Committee that we know that through the January 6th investigation there are several Members in this Congress that they are concerned about. They are contributing to the incidents that occurred, and I think as we look at the video, we saw many people that were not those that you refer to, Mr. Chabot, who were beating police officers, to my horror and outrage. We need to look at these issues globally and recognize that the facts are important when we're in this Committee as well. Let me indicate that we think Ms. Bass has come online and I'm pleased to yield to her five minutes at this time. Ms. Bass. Thank you, Madam Chair. I apologize for having technical difficulties on my end, but I appreciate your leadership for holding this hearing today. I wanted to ask the Witnesses, many communities around the country have been experiencing an uptick in crime and some people are concerned that maybe that uptick is due to early release programs because of the pandemic, and I wanted to know if there is any data about what is happening to the people who were released. Have they gone out and engaged in new crimes and have they been reincarcerated, as opposed to what the Witness described earlier, which was technical, because of the problem with her ankle bracelet? I wanted to know about people who have been released because of the pandemic and if there is evidence, documentation, that they have gotten out and been involved in crimes--also, people who were released not just because of the pandemic but because of compassionate release. Dr. Goodwin, if you could respond. Ms. Goodwin. Thank you for that question, Congresswoman. GAO hasn't looked at that issue, yet. It's something that we can, certainly, work with your office if it's something you want GAO to investigate. We don't have a lot of information on that right now. Ms. Bass. Can any of the other Witnesses speak to that? Ms. Guernsey. If I may. Ms. Bass. Yes. Ms. Guernsey. I know that in the December 21, 2021, an Attorney General memorandum that reversed the decision that individuals on home confinement had to be sent back to prison, the Attorney General cites a very specific number of people who have been on CARES Act home confinement who were returned to prison, and that number is 289. Thinking about the fact that there were 36,000 people placed on home confinement, 289 is a very small number to have returned. It's my understanding that the Bureau of Prisons, in fact, has the data that breaks that down even further into people who were returned for technical violations and people who were returned for new crimes, and it's my understanding that the people who were returned for new crimes is relatively small. I mean, we're talking less than 10 people. In terms of the compassionate release data, I do not have that. Ms. Bass. So, 289--you cannot distinguish whether those were new crimes or just technical? Ms. Guernsey. There is no public data that indicates whether they were new crimes or technical. I do know that there was something published in April of 2021. A gentleman named Ames Grawert from the Brennan Center of Justice indicated that there were three who had been returned as of April 2021 for new crimes. Again, the Bureau of Prisons has that data. It cited that data in a memo that it submitted to the Attorney General's office and I would urge this Committee to ask for that data from the Bureau of Prisons. Ms. Bass. Thank you. I appreciate that. Dr. Venters? Mr. Venters. I don't have any information on that question. I apologize. Ms. Bass. Okay. All right. I appreciate that. The Witness that described being violated because of the technical problem with the ankle bracelet, I wanted to know if you could elaborate a little more. When it was discovered that it was a technical problem, was there any consideration given to that at all? Ms. Levi. What happened is that my attorney brought in evidence to show that I had been attending a class that I had previously attended, and it was acknowledged that I had attended that class before. My case manager at the halfway house did not follow through, I believe, and it was-- Ms. Bass. Didn't you say that--didn't you say that it wasn't just a matter of you attending class but that your ankle bracelet didn't work? Ms. Levi. Yes, and several times my ankle bracelet didn't work and that's happening to the thousands of people who are out. Your ankle bracelet will ping when you're in different places. Your ankle bracelet will ping when you're home. Sometimes when you're being called there are people who will speak a foreign language that you can hardly understand who will call you. Ms. Bass. What is your situation today? Ms. Levi. My situation today is that I am on--been released on compassionate release by my judge as a result of the fine that was given out by me being reincarcerated. Again, I say the people who are on compassionate release are out right now attempting to do just what I did, try to gather their self-back together, try to reunite themselves with their families. They're taking classes. They're buying homes. They're going back to school. They're doing all these things, and that threat, thankfully, was just removed from over their heads by Judge Garland. We really appreciate that. There's so much that can be done towards giving these people compassionate release because not just technicalities--most people are not committing new crimes, as the lady said before. The level of new crimes being committed by people on compassionate release is almost minute, 10--less than 20 people, probably, out of thousands of people. Ms. Bass. Well, I do wish you success in the future. Thank you. I yield back, Madam Chair. Ms. Jackson Lee. The gentlelady's time has expired. Thank you for your questioning. Now, I'm pleased to yield five minutes to Mr. Steube. You are recognized. Mr. Steube. Thank you, Madam Chair. We've heard a lot today from Witnesses about the Bureau of Prisons. I do hope that--unfortunately, we don't have a Witness from them today. I do hope the Chair is committed to bringing somebody in so we can ask some of these questions on both sides. I think we both have questions that we want answered. We have heard a lot today about Democrats wanting to let folks out of prison in the middle of the biggest crime wave in decades. They also don't want to let out people who have been charged with misdemeanors who are languishing in prison for January 6th. I want to read and quote from the District judge his exact quote, and I quote, ``For the reasons stated in open court, it is adjudged that the warden of the D.C. Jail, Wanda Patten, and director of the D.C. Department of Corrections, Quincy Booth, are in civil contempt of court,'' U.S. District Judge Royce Lamberth of Washington ruled. ``The clerk of the court is ordered to transmit a copy of this order to the Attorney General of the United States for appropriate inquiry into potential civil rights violations of January 6th defendants as exemplified in this case.'' Now, we haven't heard from DOJ as to whether they're actually doing that or not. I would love for another opportunity to question AG Garland in the Full Committee about that. He goes on, ``I find that the civil rights of the defendant have been abused,'' Lamberth said at a hearing: ``I don't know if it's because he's a January 6th defendant or not, but I find this matter should be referred to the Attorney General of the United States for a civil rights investigation into whether the D.C. Department of Corrections is violating the civil rights of January 6th defendants in this and maybe other cases.'' I ask unanimous consent, Chair, to enter into the record Fox News article, ``Federal Judge Finds D.C. Jail Warden in Contempt.'' Ms. Jackson Lee. Without objection, so ordered. [The information follows:] MR. STEUBE FOR THE RECORD ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Steube. Thank you. Ms. Kelly, my questions are for you. Even January 6th suspects who were accused of minor crimes, ones simply charged with trespassing or parading, are the targets of hyperbolic statements and smears by Merrick Garland's propaganda press team. Can you speak to some examples of this? Just recently, in Florida I read of an individual who simply walked into the Capitol, was not violent, didn't commit any other crimes than walking in, gets a year of probation, has to deal with house arrest and all these other things, which, if it was reversed, like the Department of Interior, we have heard nothing of those who raided the Department of Interior, questions I asked AG Garland the last time he was before the Committee. Could you expand on that? Ms. Kelly. Yes. Thank you so much, Representative. It's important to note that the most often used charge for Capitol protesters is a Class B misdemeanor called parading or picketing in the Capitol building, and that is what most of the defendants--not necessarily the ones in the D.C. Jail, but most of the defendants have been charged with. Again, it's important to remember these people, almost all of them, have no criminal record. That doesn't stop prosecutors in Joe Biden and Merrick Garland's Justice Department from suggesting that they are domestic terrorists, even if they were let into the building by Capitol police, as we now have surveillance video that proves that this is the case--went in, thought that they were allowed in, took selfies. Some were in for 5-10 minutes and left peacefully. They were not arrested. They were not told they weren't allowed there, and then woke up to FBI raids at their homes. The Justice Department is asking for harsh penalties-- sometimes three years' probation, and sometimes home detention. What's even more egregious are D.C. District judges who even go above and beyond what the Justice Department is asking and imprisoning these paraders for 30, 60, 90 days in jail, condemning them as potential terrorists attempting to overthrow democracy that day. All the hyperbole you see in the press you also hear in the courtroom. So, that is what they're doing to trespassers who thought they were doing nothing wrong on January 6th. Mr. Steube. Some of that video shows that there was officers that were standing there while people entered and were doing nothing about it. The treatment of January 6th suspects has been far different than BLM rioters and others accused of liberal goals through violence, including the Department of Interior that I asked AG Garland about, and he seemed to not even know that happened blocks from his office. January 6th suspects have been interrogated by the FBI about their political beliefs such as whether they thought the 2020 election was fair. Can you discuss the role political motivations have played in the treatment of January 6th suspects, both in prison and in terms of prosecution? Ms. Kelly. So not only are they asked about their political views by investigators, but they've also been asked what kind of news that they watch, yes, whether they believe that the 2020 election was stolen, their views on immigration. I've seen in sentencing memos, especially for one man who was sentenced for parading in the Capitol--they retrieved social media posts from his deleted Facebook account that were negative against Joe Biden, Nancy Pelosi, the Democrats, and that was used as evidence to try to convince a judge, successfully, that this particular man should go to jail for three months for parading in the Capitol. Mr. Steube. My time has expired. Thank you. Thank you for being here. Ms. Jackson Lee. The gentleman's time has expired. I'm very pleased to yield five minutes to the gentlelady from Georgia, Ms. McBath. I thank her for her service to this Committee. Ms. McBath? Ms. McBath. Thank you, Madam Chair, and good morning to our Witnesses. I'm really pleased that you have been able to join us today as we continue to discuss this critically important piece of criminal justice legislation, the First Step Act, and to examine how the Board of Prisons has responded to the COVID- 19 pandemic. I remember specifically the day that the Judiciary Committee--we had a hearing and we also had discussions on the compassionate release of nonviolent offenders under COVID-19 conditions. Today, I am glad that we are revisiting what appears to be the Board of Prison's stalled implementation and also their neglect of just the basic health policies and practices for those that are incarcerated. We know that the First Step Act was a major stride forward in criminal justice reform designed to address the systemic issues in our Federal prison system, and this bipartisan piece of legislation was crafted to reform sentencing and improve prison conditions. It measures--it includes adding anti-recidivism programs, amending sentences based on good time credits, and expanding the rights of female inmates, particularly, female inmates who are mothers. The First Step Act, for example, requires feminine hygiene products to be free and, largely, prohibits the use of restraints on pregnant women and those that are in postpartum recovery. Despite these positive reforms, since the bill was signed into law on December 21, 2018, many of these provisions have not been implemented, and it is our responsibility here as policymakers to ensure that transformative wins of this bill are fully being carried out. My questions are for Ms. Goodwin today, and thank you so much, Ms. Goodwin, for visiting us again today. I really appreciate you being here. In your 2021 report on pregnant women in Federal custody, you found that out of the Board of Prison policies that address the treatment and care of pregnant women that only eight of these policies were fully aligned with the national guidance for the health and safety of pregnant women and following this report that the Board of Prisons improved their policies to align with national standards. Can you attest to that? Ms. Goodwin. Yes. Thank you, Congresswoman. So, that's correct. When we did the work looking at the care and treatment of pregnant women in DOJ custody, we found that with those national standards BOP wasn't fully aligning or had not fully aligned with quite a number of them, and those national standards speak to issues around providing nutrition, providing prenatal care, providing mental health services, and we also looked at whether or not they were restraining pregnant women. We made our recommendation to the BOP. They agreed with the recommendation, and they are in the process of fully aligning the ones that--we have a table where we note what was fully aligned and what was partially aligned. They are in the process of fully aligning the ones that we found to be deficient. However, we are leaving that recommendation open until all those categories that we noted are fully aligned. We will be circling back to BOP to find out where things are. Then another recommendation that we had was to the U.S. Marshals about the restraining of pregnant women. Ms. McBath. Well, thank you, and I think this Committee would be more than interested to have access to that information and that data once you have access to it as well. I'd also like to know, since the COVID-19 pandemic has the Board of Prisons implemented additional policies to protect pregnant women from the increased risks of the disease itself? Ms. Goodwin. My understanding is that they have. What is interesting about the pregnant women's report that we did our last site visit in January 2020, right as everyone was beginning to understand how dangerous the COVID virus was, and then in the process of pulling the report together, we did circle back to BOP to ask about what they were doing in terms of protecting pregnant women. They talked about providing special housing, putting women--pregnant women in additional special locations to keep them away from the general population. That's something we didn't go into a lot of detail in. It is something--as we do future work on how BOP treats pregnant women it's something that we will definitely look into. Ms. McBath. Well, thank you so much. We really appreciate that. There, again, Ms. Levi, I am so sorry for all that you've appeared to suffer through, and it's just kind of disturbing to hear that there may be others as well that are incarcerated that are going through some of the same kinds of conflicts and problems. With that, I yield back. Ms. Jackson Lee. The gentlelady yields back. I would now like to recognize Mr. Tiffany for five minutes. Mr. Tiffany. Thank you very much, Madam Chair. Thank you for the hearing today and thank you to all our Witnesses that are here today. It's good to have you all here. I just would share a comment regarding Mr. Venters' testimony where he was talking about an independent assessment of COVID. I would say we should not just do it with the Bureau of Prisons, we should do that for all government, including the Centers for Disease Control. There should be a full, thorough, independent review of all the actions regarding COVID over the last couple months. I would hark back to March 30, 2020, when the Chair of the Judiciary Committee urged Attorney General Barr to assess all prisoners for release regardless of the type of institution in which they are housed, the seriousness of their offense, or the potential recidivism risk they may present. So, here we are today. We're talking about a significant issue. This Committee is whistling past the graveyard of what is the most important thing on the minds of Americans at this point and that is crime. Well, maybe inflation. Maybe the border might be more important for some. I got to tell you, for a lot of people, especially in big cities--and I'm hearing it from them--is crime, and they're deeply concerned about it. You see smash-and-grab going on across the country, Wild West train robberies. You got carjackings that are up all over the country, especially the big cities and, of course, the murder rate is at its all-time high in what was it, 15 cities across America where we have been weak on crime, and we're not dealing with that. We're not dealing with that here today. On November 21, 2021, Darrell Brooks drove his car through a Christmas parade, injuring over 60 individuals and killing six, one of whom was an eight-year-old. In response, after seeing these horrific scenes in Waukesha, we learned that Darrell Brooks intentionally drove his SUV through these parade goers. In 2006, he pled guilty to statutory sexual seduction. In 2016, a warrant was issued for his arrest for jumping bail. In 2020, he was charged with recklessly endangering safety being a felon in possession of a firearm and later released on bail. On November 21st, he, again, was criminally charged for allegedly running over the mother of his child with a car. Despite that long history, the Milwaukee DA set bail at $1,000. Here's what that district attorney said back in 2007-- John Chisholm: ``Is there going to be an individual I divert or I put into treatment program who's going to go out and kill somebody? You bet. Guaranteed. It's guaranteed to happen. It does not invalidate the overall approach.'' This is what's happening across the United States with these weak district attorneys. They're worse than weak. They are fostering crime. Today, I call on the Governor of Wisconsin, who has the authority--he can rectify this problem with this district attorney in Milwaukee County to relieve that district attorney of his duties, because he has done this before in the case of Cassandra Lutz, who was given a fatal dose of heroin by Jeremiah Schroeder, who got out on a low bail. So, we're seeing this all over the country. Speaking of Milwaukee, we have the Milwaukee aldermen calling to prosecute South Korean automakers because they're encouraging car theft in the United States. Think about it. Elected officials blaming a car company for the car thefts that go on in their city. It is crazy. Think about the Minnesota Freedom Fund, which Vice-President Kamala Harris in 2020 said, ``we got to get money to these people who are rioting in Minneapolis,'' and they nearly burned the city down. Well, she got plenty of bail money into the Minnesota Freedom Fund and $1,500 went to a guy that has now committed a murder. That, ladies and gentlemen, is what is going on in America at this point. I'm going to go back and reread what the District Attorney for Milwaukee County, Wisconsin, said in 2007: ``Is there going to be an individual I divert or I put into a treatment program who is going to go out and kill somebody? You bet. Guaranteed. It's guaranteed to happen. It does not invalidate the overall approach.'' They don't care about the criminals--or they care about the criminals. They don't care about the victims, and it's time for us to begin looking out for victims. I want to ask one last question before my time is up. Ms. Guernsey, do the January 6th defendants have a legitimate claim? Ms. Guernsey. I'm not quite sure what you mean in terms of a legitimate claim. I do want to highlight that I think that the things that are happening to some of the January 6th defendants are truly appalling. I don't think that they're isolated to the January 6th defendants. I think that-- Mr. Tiffany. Thank you very much. I agree with your answer there. Ms. Jackson Lee. Thank you. The gentleman's time has expired. Thank you. I'm now pleased to recognize the gentlelady from Pennsylvania and thank her for her service. Ms. Dean is recognized. Ms. Dean. Thank you, Madam Chair, and I thank you. As we continue to grapple with this pandemic, I thank you and this Committee for continuing to shine a light on this important issue. I'd like to start with you, Ms. Levi, and I thank you so much for sharing your story, your experience, with us. I have two brief questions: (1) How are you doing today? How are you and your mother and your family doing today? (2) Do you think compassionate release is adequately and equitably being used? Ms. Levi. First, I'm doing great. Good health. My mother's in good health. My mother is just awesome. I can't say too much about her. We live in a three-story house, and she walks those steps every day. I mean, she's in good health and she's just concerned, like I am, about the people who got left behind. She hears me talking to ladies who call me on the phone, now that I can receive phone calls, and she hears from them and she knows that, no, compassionate release has not been applied as it should be. Most wardens refuse to even put it in for most people who are there, and when they do it comes back--mine came back denied before. I got denied compassionate release. I got denied-- Ms. Dean. Even with your history? Even with your history of lung cancer and (simultaneous speaking)-- Ms. Levi. Yes, even with my history of lung cancer, even with my history of initiating programs for the elderly, going to school, and doing the things that I was doing positive inside. Even with all that, I got denied initially for compassionate release. Yes. Ms. Dean. Thank you. Ms. Levi. That thousands of people--I mean, no, it is not being applied. The Bureau of Prisons should really take the initiative and start a program where it will be almost mandatory that people who qualify, who meet those needs assessments, and who really fit the criteria, it should be mandatory that they apply for compassionate release for these people. Especially the elderly, they warehouse people. Ms. Dean. Thank you so much. I appreciate those updates and your commonsense response. Professor Guernsey, with your troubling expertise and what you know about the inaccuracy of the reporting in terms of COVID infection and COVID death, Congress made clear that we intended for the Bureau of Prisons to more broadly use compassionate release authority, and this was even more important during the COVID pandemic. I introduced this Congress legislation, the emergency GRACE Act, that allows people to petition the Federal court directly in a public health emergency rather than waiting for BOP to Act within 30 days. Do you think this type of legislation would help, would be more effective in terms of the use of compassionate release? Maybe, if you can add to that also, what can we do about transparency of these numbers in the areas that you show a real delinquency? Ms. Guernsey. Certainly. I think that we have been much more successful in getting individuals out on compassionate release in front of the Federal district courts--3,000 at the very least, compared to the 43 in the Bureau of Prisons. That said, I would like to caution that even petitioning the Federal courts is not a perfect solution because most judges have compassion fatigue. We have all been living through this pandemic, and you start to become numb to the reality of what's happening in prisons, which I think is why it's really important that we have the independent oversight and people in there reporting what's really happening in the Bureau of Prisons. I do think the GRACE Act is a wonderful step forward. In terms of the Bureau of Prisons and its lack of transparency, what I think is quite troubling is that a lot of the information that this Committee may seek has already been ordered to be provided. The First Step Act provides that the Bureau of Prisons shall provide the data as to how many people apply for compassionate release--how long did it take, the justifications for the denials, did someone die while their denial was pending--and the Bureau of Prisons is, simply, not reporting that data. Ms. Dean. Thank you. Thank you very much. Mr. Venters, I have just a little bit of time left, but your disturbing testimony as to sick calls being thrown away, destroyed, ignored--what can we do? What should we do? Mr. Venters. Well, we won't get a better outcome unless we establish real oversight--independent oversight--of health care in the BOP. Otherwise, if law enforcement is overseeing the care that they provide themselves, we're going to get the same results over and over. The CDC, independent organizations, need to be involved in overseeing this care. Ms. Dean. Thank you very much. Madam Chair, my time has expired. I yield back. Ms. Jackson Lee. The gentlelady's time has expired. Thank you very much. It's my privilege now to yield to Mr. Massie for five minutes. You're recognized. Mr. Massie. Thank you, Madam Chair, and thank you for holding this hearing. I hope we do get some correctional officers as Witnesses. Mr. Biggs. Madam Chair? Ms. Jackson Lee. You want to raise your volume? Thank you. Mr. Massie. Can you hear me now? Ms. Jackson Lee. No. Mr. Massie. Okay. I'll work on that. Can you come back to me? Ms. Jackson Lee. All right. Is Ms. Spartz able to be recognized? Ms. Spartz? [No response.] Mr. Biggs. I don't believe she's on, Madam Chair. Ms. Jackson Lee. All right. Is there another person besides--I see Mr. Jordan on but I'm not sure if he's ready now? Mr. Biggs. Yeah, we'd defer-- Ms. Jackson Lee. Mr. Massie? Mr. Biggs. Madam Chair, it's interesting to me that one of the most sophisticated technical geniuses on this Committee is Thomas Massie and he can't get his microphone to work. That's interesting. Ms. Jackson Lee. He's a scientist. If you don't mind, Mr. Ranking Member, I will go to a--let me see if he is ready now. Mr. Massie? [No response.] Ms. Jackson Lee. Okay. Mr. Massie? Mr. Biggs. Still having troubles hearing you, Thomas. Madam Chair let's go to a Democrat and then we'll come back to Mr. Massie. Ms. Jackson Lee. We'll work on Mr. Massie. He's probably got a new scientific approach. Thank you. Again, thank you, and it's my privilege and pleased to yield to the gentlelady from Pennsylvania, Ms. Scanlon, for five minutes. Ms. Scanlon. Thank you, Madam Chair, for calling this hearing today. I will just say one of the issues that built bipartisan support for passage of the First Step Act was mass incarceration throughout the United States. We incarcerate exponentially more people per capita than any other country in the world, a staggering 698 out of every 100,000 people, for a total of over 2 million people in jail in the U.S. As we try to move our prison system to a more rehabilitative and a more productive model, we know that there are longstanding problems with that prison system and particularly its treatment of Black and Brown inmates, and that must be addressed. For example, in 2015 the Washington Lawyers' Committee for Civil Rights released a report condemning conditions in the D.C. Jails, and those conditions and findings have been largely ignored until a more diverse population recently was incarcerated there. We know there is plenty of work to do. Dr. Goodwin, I am interested in the GAO's findings that the Bureau of Prisons has been deficient in planning for new programs and initiatives to help inmates prepare for a successful return to the community. Can you elaborate on your concerns in this regard and share any suggestions for congressional action to move this process along? Ms. Goodwin. Well, thank you for that question, Congresswoman. I will hearken back to report that we did on BOP staffing and the concerns that we raised there and talk about like the challenges that that presents for individuals preparing for re-entry. If you don't have the appropriate staffing levels, you don't have the folks to provide the drug treatment, education programs, or any of the other programs or activities that an inmate would need to help earn them time credits. We've got the new proposed legislation out there, but we at GAO, we're also mindful that if the staffing numbers or the numbers aren't there, then the programs won't be there, and the inmates aren't able to earn those time credits. So, that affects what their re-entry looks like. We've also done work looking at the Federal prison industries because that is also another way that to provide additional job skills to folks who are incarcerated, but if those programs aren't in place, time credits aren't getting earned and then when people are coming out of prison, they're coming out with fewer job skills. So, that's a concern that we have, absolutely. Ms. Scanlon. Thank you. Ms. Guernsey, did you have anything to add? Ms. Guernsey. I don't. Ms. Scanlon. Okay. How about you, Mr. Venters? Dr. Venters. No. Ms. Scanlon. Okay. I mean I do think it is really, really important that we are setting people up for success upon release, otherwise we end up in this endless cycle of incarceration, and that doesn't help any of us. I would like to keep looking at that, and thank you, Madam Chair. I yield back. Mr. Biggs. Madam Chair, if I may-- Ms. Jackson Lee. The gentlelady yields back. Yes? Mr. Biggs. I think Mr. Massie is still working on his technical difficulties and I think Mr. Jordan is ready to go if that is okay. Ms. Jackson Lee. All right. Thank you so very much, Mr. Biggs. I am very pleased to yield to the Ranking Member of the Full Committee, Mr. Jordan, for five minutes. Mr. Jordan. Thank you, Madam Chair. Appreciate the Witnesses, appreciate you putting this hearing together. Ms. Kelly, let me see if I have the facts straight: First, the Deputy Warden at the D.C. Jail, Ms. Landerkin, the person in charge of day-to-day operations at the jail, had a number of social media posts in the previous couple years expressing her dislike for the former President and anyone who may or may have not supported, or may have supported the President. One of those tweets, she said if you're behind Trump, you are trash. I think the Ranking Member of the Committee put those up earlier. Second, Ms. Kelly, have talked to individuals in the D.C. Jail personally and they have expressed the conditions under which they were being held that seemed to reflect the attitude that Ms. Landerkin conveyed in that tweet. Third, on October 13, 2021, Judge Lamberth held the D.C. Warden in contempt and asked the Department of Justice to investigate a possible civil right violation in the way they were being held in this facility. Fourth, the U.S. Marshall Services has moved inmates out of the D.C. Jail because of the poor conditions of that facility. Are those four facts accurate? Ms. Kelly. Yes, that is correct. Mr. Jordan. All right. Well, Madam Chair, one of the things I think we need to know, what is the status of the Department of Justice investigation? You had a Federal judge ask them to investigate. That would be something--I mean, ask them to investigate a situation where the U.S. Marshall Services felt it was warranted to move people out of the very facility that he asked the Department of Justice to look into. I think it would be important for our Committee, certainly this Subcommittee and the Full Committee to understand what is going on there because I agree with what Professor Guernsey said earlier: ``We need to be concerned about the conditions of anyone in Federal prison to make sure the Constitution and due process are being followed.'' There was a reason we all came together. We all came together on the First Step Act in the last Congress. That was an important first step. We are concerned about the compassion and the due process and the Constitution that need to be involved with this type of situation, and frankly the rehabilitation concern. We are concerned about all those. It is important I think we get the answers from the Department of Justice on that. Also, I think it is important for this Committee to balance everything because the biggest concern I hear from our constituents right now, the constituents I get the privilege of representing, is the dramatic increase in violent crime. There is a distinction we need to make. Violent criminals need to be incarcerated; others we need to look at how we can in a compassionate way help them get on with their lives and be productive citizens. So, that is what I hope we will do. I guess I would maybe let Ms. Kelly respond a little bit and then I would love to hear as well from Professor Guernsey on some of the things I just outlined. Ms. Kelly, if you could go first? Ms. Kelly. Well, thank you so much. Thank you, Member Jordan, and thank you for your attention to this matter. I'd like to thank Professor Guernsey for acknowledging the mistreatment of January 6 defendants. What we really have is political prison in the United States. We have defendants, Americans who protested the election of Joe Biden who are not being treated the same as other political protestors, including those with similar, if not far more dangerous offenses than what happened on January 6. So, I appreciate the attention to this. I think it's also important to note given all that we're hearing about the pandemic, that this Justice Department prosecutors continue to seek pretrial detention for January 6 defendants and extending their pretrial detention orders signed off by Federal judges. There is no compassion or consideration, at least in this legal and judicial system, and it sounds like that extends throughout the country, certainly when it comes to the situation with Ms. Levi. I once again just appreciate the Committee's attention to this. Mr. Jordan. Thank you. Professor? Ms. Guernsey. I think that the defendants from the January 6 had the ability and the privilege that a lot of individuals who are currently incarcerated in Federal custody didn't have. They had people who were able to give them voice and to help them amplify their voices outside of the prison context. So, I want to be careful because when we talk about the treatment that they're undergoing, it's quite similar for most of my clients who've been held in pretrial detention, not identical given the conditions of the jail, but this is something that Black and Brown individuals and non-January defendants face across the country. The other thing that I want to address, too, is that I think that addressing the fact that there has been an increase in violent crime is concerning. Of course, we're all concerned about that, but mass incarceration is not a way out of that. So, I want to be really careful when we think about potential solutions that we really are thinking about-- Mr. Jordan. I know my time is up, let me just ask: So, what we have seen from certain prosecutors and their unwillingness to prosecute certain crimes now in large urban areas around the country, that have been elected to the prosecutor's position, is that contributing to the increase in violent crime we are seeing? Because I certainly think it is. We want to make sure bad guys are off the street, but we also want to treat people with the due process and constitutional principles that our great country, our great system has. So, that to me is where the focus has to be, particularly for this Subcommittee. Ms. Jackson Lee. The gentleman's time has expired. You want to finish your last sentence? Ms. Guernsey. I was going to say I think that the causes of crime are really complex, and they hinge on various social and economic factors, particularly given the pandemic that we've been living through for these past two years. So, I just urge that incarceration is not the answer. Ms. Jackson Lee. I thank the Witnesses. Ranking Member, I thank you for your questioning. I now yield five minutes to the gentlelady, thank her for her service, Ms. Bush from Missouri. You are recognized. Ms. Bush. Yes, thank you. St. Louis and I appreciate you, Chair, for convening this important hearing. I am so glad to hear all this advocacy for those who are incarcerated. I just wish I would have heard it be this loud and this big push for it when we were talking about mostly Black and Brown people, but I'll move on. As the Congresswoman from Missouri's first district I have heard from my constituents behind the wall, many of whom have shared their horrifying experiences of unsafe, unsanitary, and inhumane conditions while incarcerated before and during COVID. From traumatic lock-downs to being denied visitation for months on end, this pandemic has laid bare the extreme violence inherent in our prison system. For three years this pandemic has deprived thousands of people in our Federal prisons and jails of their health and well-being. More than one in five federally-incarcerated people have been affected with COVID-19 and at least 279 people have died. Our prisons are a petri dish for infectious disease outbreaks and the Bureau's policy to release thousands into home confinement under the CARES Act has reunited families and it has saved lives. Ms. Levi, thank you for your powerful advocacy for home confinement. Can you talk to us about your experience since being home under supervision and about the psychological impact of being sent back to jail in June of last year while you were attending computer class during your home confinement? Ms. Levi. I really think this might have been the first time that I've even addressed the psychological impact. You come home, you have expectations. You're reuniting with your family, getting yourself back together, doing things that just show your self-worth, show your community, show your family that you're a changed person, that you're not the same person who went into prison 16 years beforehand. That's your dream. That's your hope. That's your prayer, that they can see who you are now. So, that's what I began to do. I began to advocate. I began working with organizations that had helped me while I was inside, I connected with those organizations. I tried to make sure if there was anything I could do to speak out and let them know what my prison experience was like and what I thought was needed. One of the things you are talking about today is the lack of re-entry. I took that computer class because coming home at the--at the halfway house I was refused--there were 100 computers in that halfway house. I was refused to go back there to use any one of them. Those are the kinds of things that are happening to people who are on home confinement. Those are the kind of things that are lacking in the re-entry process with us coming out, using the phone, those kinds of things. The psychological effect of being sent back, I weigh 169 pounds. I now weigh 138 pounds. Just those 21 days back inside, it's devastating. It's devastating, especially when you know that you were doing all the rights things. Like I said, I'm not just talking about me. There are thousands of people who that threat-- Ms. Bush. That is right. That is right. That is what we're talking about. Ms. Levi. --there are thousands of people who that's still over their heads, that home confinement-- Ms. Bush. Right. Ms. Levi. --that monitor is on their ankle and it doesn't work right all the time. Ms. Bush. Well, let me add-- Ms. Levi. --whatever you all can do, whatever you all can do towards making compassionate release more effective, more efficient. Ms. Bush. Right. Well, that is our duty as lawmakers. That is our duty to represent, and it is imperative that we prioritize the public health and safety of all people, not just those that agree with us politically. In society with more than 140,000 people in Federal custody, this is the only way to do it, we have to be decarcerate, we have to grant clemency and move people out of prisons and jails and back home to be with their families and in their communities. I ask for unanimous consent to enter into the record a letter that Congresswoman Watson Coleman and I led today seeking clarification from BOP on the implementation of the new OLC guidance for those on home confinement pursuant to the CARES Act. Ms. Jackson Lee. Without objection, so ordered. [The information follows:] MS. BUSH FOR THE RECORD ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Bush. Thank you, Chair. I also ask for unanimous consent to enter into the record testimony from Wendy Heckman and Deantha D. Brooks on the challenges of home confinement conditions in Federal facilities and earned time credit. Ms. Jackson Lee. Without objection, so ordered. [The information follows:] MS. BUSH FOR THE RECORD ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Bush. Thank you, Chair. We must not close our eyes to the tragic circumstances behind prison walls and we must not turn our backs on those who have been released to home confinement who are still living with uncertainty about whether they will be able to stay home. Thank you so much and I yield back. Ms. Jackson Lee. Thank you. The gentlelady's time has expired. I am pleased now to represent and to recognize the gentleman, Mr. Massie, for five minutes. You are recognized. Mr. Massie. Can you hear my microphone now, Madam Chair? Ms. Jackson Lee. We can hear you better. Thank you so very much. Mr. Massie. Okay. Thank you. I would rather have a cold mic than a hot mic any day, but glad that we have this working. Ms. Goodwin, Congress appropriated I believe $300 million for the Bureau of Prisons to deal with COVID. Can you tell us how this money has been spent? Ms. Goodwin. We actually have been in the process of trying to examine all of that. We've submitted some requests to BOP to kind of ask for a layout, a detailed listing of what those monies have gone to. What I will do, Congressman, I will circle back to you. Mr. Massie. Okay. Ms. Goodwin. I'll get back to you. I'll connect with your staff, and I'll get back to you on that. Mr. Massie. Appreciate that. When you look into it, see if they bought some walk-through FDA-approved COVID killers and if those are working, because I think some of that money have been spent on things that didn't work out. One concern that I also had is an understaffed jail is a dangerous jail. Same for a prison. Congress funds a certain number of correctional officers every year. Can you tell us whether they have recruited and retained the number of correctional officers that Congress has funded? Ms. Goodwin. So, first, in terms of the funding that they have and things that they purchase, I want to go back. I mean, we know that they purchased masks and other supplies. Mr. Massie. Yes. Ms. Goodwin. The other stuff I will certainly circle back to you because we have a request out for that information. Second, in terms of recruiting, hiring, and retaining, that came up when we were doing the BOP staffing report. They have started to recruit--they have started to recruit additional officers. What we don't know because that report was about a year or two ago is how successful they've been and particularly if they've been successful in this era of COVID. What I can do, Congressman, I can circle back to you on that as well. I can reach out to BOP to see what information we can get for you. Mr. Massie. Okay. Thank you very much. Also, I would like you to look into reports that I received from officers, correctional officers that when they identify COVID-positive inmates they walk them through the compound, thereby possibly exposing everybody else and then sending them to isolation units. They may not be getting--that may not be the best idea to walk a bunch of sick men together and to walk them through the facility and around the facility in the process of doing that. Could you look into that and see if that has been the policy at some of these correctional facilities? Ms. Goodwin. We could certainly look into that. I will tell you that when we were doing the BOP COVID work, and we spoke with union officials and others representing the officers and that was one of the concerns. I will certainly see what we can find out for you. Mr. Massie. Thank you very much. I want to take a little bit of time and point out that the officers that work in these correctional facilities have a vaccine mandate, yet the inmates do not. The irony here is that the inmates have more rights than the officers themselves. There are correctional officers and staff in a facility in my congressional district who applied and were just categorically denied medical exemptions. Nobody has been granted a medical exemption. They were able to receive, 52 of them, religious exemptions, and 4,495 staff at the BOP have received religious exemptions, but I think it is a shame that we have to apply for religious exemptions when what they want is a medical exemption. We have failed to recognize natural immunity and I am going to submit to the record something that just came out from the CDC. It is dated January 19, ``COVID Cases and Hospitalizations by COVID-19 Vaccination Status and Previous COVID-19 Diagnosis.'' What it shows is that prior COVID infection was more protective than vaccination during the delta surge, yet the guards aren't having their prior infection immunity recognized. So, I think that is a problem. I would like to submit to the record, Madam Chair, the MMR--MMWR Report from CDC showing that natural immunity was better than the vaccine. Then, also, a Reuters article that highlights that. Ms. Jackson Lee. Without objection, so ordered. [The information follows:] MR. MASSIE FOR THE RECORD ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Goodwin. Congressman Massie-- Ms. Jackson Lee. The gentleman's time-- Ms. Goodwin. Oh, is his time expired? Ms. Jackson Lee. Yes. Ms. Goodwin. I did have one more thing. When we spoke to the union officials, we didn't hear anything about them walking inmates through the--sick inmates through the compounds. We did hear concerns about just having a large number of sick people in any one location. Mr. Massie. Right. Okay. Thank you very much. That is what I am hearing, too. Madam Chair, I hope that we do get correctional officers in the next hearing because we want to hear from the front line what is really happening. Ms. Jackson Lee. The gentleman's time is expired. Thank you so very much, Mr. Massie. I am pleased now to thank him for his service and to recognize Mr. Cicilline of Rhode Island for five minutes. You are recognized. Mr. Cicilline. Thank you, Madam Chair, for holding this really important and very timely hearing. I want to first say that we have heard a lot about violent crime and smash and grabs, and we of course have all condemned that. I just wish we heard the same enthusiasm about the importance of prosecuting the smash and grabs and the violence that occurred on January 6. We are also hearing lots of concerns from our Republican colleagues about conditions for those in confinement. That is welcome news. There are many of us who have been worried about that particularly for communities of color for a very long time. It is good to have some of our Republican colleagues now so concerned about that and we welcome their newfound enthusiasm or interest in this area. The suggestion though that this compassionate release or early home confinement is releasing criminals into the community, the Bureau of Prisons director testified in the Senate in April that 24,000 people were transferred to home confinement and only 3 were arrested for new crimes. These individuals by and large reintegrated into the community successfully. What I want to focus on is what the purpose of this hearing is, and that is the effect of this pandemic on incarcerated individuals. We get to make decisions to mitigate the risk of COVID by vaccinating ourselves, wearing protective masks, staying six feet away from each other, getting tested. Those same practices are not available very often to those who are incarcerated. So, while I welcome the news of Attorney General Garland to reverse the Trump era legal opinion that the Bureau of Prisons now has the option to allow inmates to remain on home confinement to avoid risk of COVID, Dr. Venters, I want to ask what should the Bureau of Prisons be doing today to reduce the spread of COVID-19 or the other strains and also in their treatment of individuals who test positive? Dr. Venters. I think one of the most pressing issues is to find and protect people who are high risk. Omicron particularly moves so quickly through facilities, the congregate settings. All these places know or have the capacity to know who is high risk, that's who either is unvaccinated or meets the CDC criteria for higher risk of illness or death. We need to protect those people and it means that we prioritize them for vaccination. We don't just offer a whole housing area a vaccination; take it or leave it. We find those high-risk people. We talk to them, engage with, because they have lots and lots of questions about the vaccine, legitimate questions. Every one of those people vaccinated is a potential life save. Then when COVID, if and when it hits, when people are in quarantine because they've been exposed, we need to find those high-risk people every day and check on them for symptoms. The CDC has said let's do this for everybody since the outset of the pandemic. When I get into facilities, I find nobody's actually asking people about new symptoms of COVID during quarantine. Those high-risk folks, we can save their lives if we find their symptoms early. Then finally when they get into medical isolation, if and when they have COVID themselves, we need to have a lower threshold for sending them to the hospital or just having a nurse call a doctor if it's a high-risk person. So, a pulse rate of 92 in a person with diabetes or who's 85, or both, is probably more concerning than a pulse rate of 105 in a young healthy person. We need to think about that. Mr. Cicilline. Thank you. I want to try to just get in one more question. Thank you for that. Ms. Guernsey, thank you for all the work that you have done. You have concluded that 280 people have died from COVID- 19 in the Federal Bureau of Prisons and your research has shown that of the 260 deaths that you were able to track just 70 had filed a motion for compassionate release with the federal courts and 3 of those motions were granted. Based on your research is the Bureau of Prisons compassionate release process being adequately utilized for individuals suffering from COVID-19 or at risk of COVID-19? What should the BOP be doing better to address that? Finally, I have a piece of legislation that will also allow the court to grant compassionate release directly. Would that be helpful in this context as well? Ms. Guernsey. Yes, so those three people whose motions were granted, those are just the three motions that were granted of people who ultimately died. We know that Federal courts have granted around 3,000 compassionate release motions generally. Those are 3,000 people who certainly wouldn't have died in Bureau of Prisons custody because they had been released. I do think that looking at just those three motions isn't accurate. We know at least of the 297 people that have died and--at least 297 people that have died in Bureau of Prisons custody who have petitioned for compassionate release or asked the court for relief we can't actually identify what they've done in the Bureau of Prisons because the Bureau of Prisons doesn't provide that data. It's very difficult to judge from the data that we have for the Federal courts what's truly happening in the Federal Bureau of Prisons. I think again getting that data. Again, a piece of legislation that allows people to petition directly to the courts would be a step forward, but I also think it's imperfect just because of the discretion vested with the Federal judiciary and compassion fatigue. Mr. Cicilline. Thank you. Madam Chair, before I yield back I just want to acknowledge the extraordinary testimony of Ms. Levi and thank you for sharing your story and the powerful words you gave to this Committee. I yield back. Ms. Jackson Lee. Thank you, Mr. Cicilline. Your time is expired. Has anyone else come on. Thank you, Cicilline. Do you have any Members that have come on that we should recognize at this time? Mr. Biggs. Madam Chair, I do not see any additional Republicans who have come on to ask questions, so yield it back to you. Ms. Jackson Lee. All right. Let me know, please. Thank you so very much. I am pleased now to represent the gentleman from California Representative Service and to recognize him for five minutes. Mr. Correa. You are recognized for five minutes. We will come back to him. I am pleased now to recognize, thank her for her service, the gentlelady from Texas, Ms. Escobar. You are recognized. Ms. Escobar. Thank you, Madam Chair, for holding this very important hearing and to the recent practices of the Bureau of Prisons around addressing the needs of inmates during the COVID-19 pandemic and the Bureau of Prisons' compliance with the First Step Act. I do want to echo my gratitude not just for all the panelists, but especially for Ms. Levi, as Mr. Cicilline just pointed out. I am so grateful that you are here sharing your story with all of America. Thank you. Our prison system has long failed to recognize the dignity of incarcerated people, the majority of whom are Black and Brown. This morning we heard the minority Witness and our friends on the other side of the aisle lamenting the treatment of those incarcerated for the January 6 terrorist attack against our country. Mr. Jordan mentioned that he is, quote, ``concerned about compassion and due process.'' I am so glad to hear that. The minority Witness and my Republican colleague's concerns include a list of things: A delay in hearings, their belief that there is a lack of due process, claims of abuse, and the fact that some of the individuals they are fighting for don't have a criminal record or their charges are misdemeanors. I want to just note here that the concerns that they have articulated are exactly the same concerns many of us have been expressing about migrants in ICE custody. Lack of due process claims of abuse, lack of a prior criminal record, and lengthy incarceration on civil charges. It is truly my hope that their concern about compassion and due process will be extended to the migrant population in our custody as well. One day, I hope. In the summer of 2020 when a majority of Americans were working and learning from home to avoid spreading or contracting coronavirus, prisons and ICE facilities were the site of rapid unmitigated spread among staff and those incarcerated, and unfortunately instead of embracing the allowances the CARES Act made for home confinement, many Bureau of Prisons facilities attempted to contain the spread of COVID- 19 with lock-downs and heavy reliance on solitary confinement, a psychological harmful tactic that prisons have historically employed as punishment. Those decisions cost lives, not just the lives of 277 incarcerated people, but the lives of 7 staff Members as well. So, again, Madam Chair, thank you for this opportunity to discuss how Congress can Act and how we can do better in our country. Mr. Venters, in your statement you mention that your investigations have not just included the Bureau of Prisons, but you mention that your investigations have covered ICE detention facilities as well. Do you see similar problems with ICE detention as you have within the Bureau of Prisons? Lack of oversight, the need for independent health authority, et cetera? Dr. Venters. Yes, I think that in the micro sense some of the same failings about finding and protecting high-risk people are apparent, but the larger problem, the problem that will persist unless we address it is that there is no independent oversight of the quality of health care in these settings. We must have that, otherwise we're going to get the same outcomes: Preventable deaths, over and over. Ms. Escobar. You are absolutely right. I will give you just a quick example of the desperate need for that independent health care oversight not just during COVID, but preceding COVID. One example is that we had a number of ICE detainees in the El Paso facility who went on a hunger strike. Then as their health deteriorated the same doctor that was overseeing their care then ordered that they be force fed, tied down and force fed against their will. Then it was that same physician who was given the authority to check on their health even after the forced feeding and after the decline in their mental health as well. I called for an independent review, independent oversight, and that is really critical. Can you articulate why across the board in detention we need that independence? Dr. Venters. Certainly. I mean we accept this as a core requirement in every other aspect of health care in the United States if you go to a dialysis center, if you go to a clinic, a hospital. We understand that you don't let the hospital decide if they did a good job or a bad job with your surgery or with your X-ray. We need to use the skills of quality assurance, quality improvement, and independence in figuring out whether or not health care is adequate. For some reason, for a lot of reasons we all know that are complicated for decades we've decided to carve out health care behind bars and say we're going to let sheriffs, commissioners of corrections, people who run these boxes we put people in-- we'll let them decide if it's good enough and if it's the appropriate scope of services. We get what we should expect, which is lots of jail and prison attributable deaths because we don't have independent oversight. Ms. Escobar. Thank you so much, Mr. Venters, and to all our panelists. Thank you, Madam Chair. I yield back. Ms. Jackson Lee. Thank you so very much for your questioning and thank you for raising ICE. I think we know that we have seen some terrible articles recently on the conditions there and I think we will be--from the perspective of detention facilities be looking at that. Again thank you. Let me say I am pleased now to recognize another well- serving Member, and that is Mr. Cohen of Tennessee for five minutes. Mr. Cohen. Thank you, Madam Chair, and thank you for holding this important hearing. I am disappointed the Bureau of Prisons isn't with us. I know they will be at some time in the future. We had a head of the Bureau of Prisons who I don't think did is job very well and it is unfortunate that one of the best things that President Trump did--he certainly was responsible greatly for getting the vaccines available with Warp Speed; and that was something to his credit, but he also got this bill passed, he with the work of Mr. Kushner, and Hakeem Jeffries, and others. It is an important bill and I wish that his Administration as head of the Bureau of Prisons would have tried to implement it, but he didn't. Hopefully the Biden Administration will. There is an individual I have been in touch with, Michael Cohen, who was an attorney for Mr. Trump, who has been incarcerated. He still has certain limitations as he has got on parole, guess. Those could be conditions of restrictions on his liberty could be removed if they completed the Fresh Start Act and gave him the credit that he deserves for the time he has spent in prison as really a political prisoner because what he did was just facilitate Mr. Trump's work with Stormy Daniels. The individual, one has not been punished, but Michael Cohen should get his credits and hopefully the Biden Administration will see that everybody that should get their credits get them. Ms. Levi, you brought up the fact that there is nobody in the system that is supposed to work on compassionate release except you just make your application to the Warden. Do you think there should be an individual other than the warden in the system, like an ombudsman who looks over the prison population and tries to make recommendations of those people who should qualify for compassionate release? Ms. Levi. I certainly do. I think some of the--not just compassionate release. The clemency process also, but compassionate release, yes. Leaving just to the warden--in my case my warden denied me. No, I'm sorry. In my case my warden took over 30 days and I was able to avail myself of that privilege since she didn't respond in 30 days, I was able to put an application in for compassionate release on my own through my attorney on the 31st days, which subsequently was denied. Yes, there should be an ombudsman. There should be maybe a Committee or a council or whatever. I don't know what you all want to call it, but there should be somebody besides the warden in that institution or outside the institution who would oversee those people who we already know qualify and have been vetted and everything. They qualify for the compassionate release, but it's just not being processed. It's just not. Mr. Cohen. Thank you, Ms. Levi. I am sorry about what happened with you, but I am happy you are out, and I appreciate your testifying. I know that the Chair will look into that. I hope that if she does look into it, and I am sure she will, with the staff, that I would like to work with her on that. I have been an advocate for compassionate release for a decade, at least, and oftentimes it was--it was not just COVID; it was people who were--had been incarcerated for a long time and were old as they could be. They didn't have the physical ability to commit a crime anymore and yet they are still being incarcerated. Those people should be released for compassionate reasons and for economic reasons because there is no reason for us to be housing those people. So, that is something we need to do. Ms. Goodwin, what implications do these failings in the Bureau of Prisons that they haven't implemented the First Step Act have for those in Federal custody and what lessons should current Administration fund? Ms. Goodwin. Thank you, Congressman. The work that we are currently doing: Looking at inmates' needs and risk assessment and how the Bureau of Prisons is implementing that particular requirement under the First Step Act. That work is ongoing. As we get closer to having, preliminary findings or anything, my team, we can certainly circle back to you to share some of that information, but for us right now the work that we have is too early for me to be able to provide some substantive data or information. Mr. Cohen. Well, thank you. Hopefully the Biden Administration will appoint a progressive-minded head of the Bureau of Prisons so that we don't have problems such as we had with this past chief who didn't do his job and let the First Step Act languish. Ms. Guernsey, what role can the Bureau of Prisons play in criminal justice reform particularly given the authorities it has under the CARES Act and the First Step Act? Ms. Guernsey. Well, I think those two things are exactly right. They have two really important tools for decarceration and we know that decarceration is good for penalogical purposes and public health purposes. So more standardized processes and procedures for compassionate release and expanded use of both compassionate release and CARES Act home confinement are incredibly important for us to move forward past an era of mass incarceration. Mr. Cohen. I want to thank everybody on--all the Witnesses for testifying and I want to--it has been wonderful listening to my Republican colleagues, a byproduct of January 6 is we have got some new allies in trying to get prison reforms. Strange friends through strange conditions and things work in mysterious ways. I yield back the balance of my time. Ms. Jackson Lee. I thank the gentleman as the gentleman's time is expired and I hear a strike for unity. Thank you all very much. I am going to express my appreciation to Mr. Nadler, Ms. Bass, Ms. Demings, Ms. McBath, Dean, Scanlon, Bush, Mr. Cicilline, Escobar, and Cohen. Thank you so very much. Likewise express my appreciation to Mr. Biggs, Chabot, Gohmert, Steube, Tiffany, Massie and Jordan. I think Mr. Gohmert was not on, but we thank him. Let me also express my appreciation to Dr. Venters, Ms. Guernsey, Ms. Levi, and Dr. Hamilton, Ms. Goodwin, Dr. Goodwin, and Ms. Kelly. Let me thank you very much. I am going to, if I might Members, yield myself a few minutes for two Witnesses. Mr. Biggs, I didn't know if you had any matter that you wanted to address. I am going to yield to you if you have a matter that you want to address as we close. Mr. Biggs? Mr. Biggs. Thank you, Madam Chair. I just wanted to again thank all the Witnesses and I appreciate, and I want to just comment on some specific things that are takeaways. Appreciate, Ms. Levi, for your testimony. I think you really highlighted some of the deficiencies that we have in our system. I think that is critical that we hear firsthand the experiences that you underwent and appreciate your willingness to share those with us today, take time out. Dr. Venter, I really appreciate your comments today and your efforts and your work. Particularly, I think it is critical that--not just within the prison system, but I think generically we understood early on who were the most vulnerable and who are at most high risk particularly in congregate settings. I think you have further identified that today as a system-wide failure to care for people who are particularly vulnerable, and I appreciate that. Ms. Guernsey, Professor Guernsey, I thank you too because I think the idea of the COVID data within Bureau of Prisons and other data that comes out--it is missing, or it is incomplete. I think that is critical if we are going to study and see what is going on and what needs to be fixed. Thank you very much for that. I am looking forward to getting a Bureau of Prisons representative in, Madam Chair, to testify to us. Appreciate-- is it Professor Goodwin? Or Dr. Goodwin? Ms. Goodwin. Dr. Goodwin. Mr. Biggs. Dr. Goodwin? Okay. I am sorry. Appreciate your comments with regard to best policies and practices, particularly by internal communications within BOP and its failures. Sometimes the water doesn't get to the end of the row, those of us out here in the land of irrigation. Sometimes the water doesn't get to the end of the row, and I think it needs improved communication. Thank you. Ms. Hamilton, thank you as well. A startling statistic that you laid out was that 11 percent have wrongfully assessed for risk. I think that is critical. I would like more information on that including the underlying independent variables. Appreciate Ms. Kelly being here today and your thoughtful work on the January 6 detainees and also the testimony that indicates from some--at least from some Members that may be a wider-spread problem than we knew about. That is critical as well. Just want to make a couple quick comments as well with regard to the comment that there had not been universal condemnation of violence on January 6. That is actually inaccurate. I can't think of anybody who did not condemn the violence of January 6. Indeed, all violence should be condemned. I think sometimes the hyperbole gets in the way and sometimes we politicize things that don't need to be politicized, but violence is violence and should be condemned. I would ask--Madam Chair, it was raised in here that the Department of Justice was compelled by a court to investigate what was going on in the D.C. Jail, and I would ask if we could maybe follow up with a hearing on that. If not, then maybe you and I could lead a letter to the Department of Justice asking what the progress of that investigation in response to the Federal judge is. I think that is important to know and we continue to hold the DOJ accountable for what the Federal court indicated. I am also looking forward to finding data on the crimes and compassionate release. Apparently, that is incomplete as well and that is--we really need to get to the bottom of that, too. So much came out of this hearing today. Thank you, Madam Chair. Appreciate it and I yield back. Ms. Jackson Lee. Thank you so very much, Ranking Member Biggs, and thank you for specifically highlighting the great insight that all our Witnesses gave. Let me say to all our Members data is crucial. Many of you know that the head of the Prison Bureau, Federal Prison Bureau resigned, I would say hastily, about two weeks ago. But we are never far away from the will of the Members, but also our thoughts are already present in the thoughts that you have. We will have a Bureau of Prisons hearing on February 3 with those officials. Just think of the approach that we took, which is we had an expansive fact-finding group of Witnesses that have provided us enormous insight and we will rely upon their testimony. I, too, want to take just a quick moment. Dr. Goodwin, thank you. The GAO is doing great work. We will probably engage with you further as well as Attorney Bensy. Thank you for your firsthand work that tells us that we should be concerned about courts that have not been as friendly toward compassionate release and we should look into all options and how that system could work. Dr. Hamilton as well, and the disparity, if you want to explore that even more so that our First Step Act can work. Dr. Venters and Ms. Levi, I am going to pose questions to you that I did not and was not able to raise. Ms. Kelly, thank you for your research and work. You can see that you have been heard. Thank you again. I know many asked you questions. Ms. Levi, you are my personal hero because you have not been silenced by your experience. Some would come out and be embarrassed or hesitant to speak and I am grateful that you are not. I also just want to follow up on the emotional tie, the emotional tie that you have to those who are still there because you know the conditions in the prison and then also the emotional toll that still is on you. You got out. You know that there are others, I would assume, and I don't want to presume, but would you share that there are others that could be eligible inside the Federal Bureau of Prisons and are not being responded to? Would you comment on that, please? Thank you so very much for not being silenced about the conditions. Ms. Levi, would you answer that, please? Ms. Levi. Yes, I couldn't be silent. My friends I left behind, the women and some guys that I corresponded with, you cannot just forget. What I went through I know that they're going through. They're continuing to go through. I have friends who are at Carswell and Alderson and what they're going through right now, the letters that they write are--it's a sad tale that's being told. People talk about people being locked down for two hours where in some prisons they're not getting two hours out. They're getting a half an hour to come out and have to use the phone, have showers, and everything. It is just a sad situation that the people that were left behind. I have to talk about them. I have to--I still hear from them. They're my friends. Ms. Jackson Lee. If I could very quickly ask you; I know you don't make decisions, but would you comment on those who are there who have made requests for compassionate release who in your view are eligible and just being ignored or denied? Is that happening? Ms. Levi. Yes, it is. You have people who are sick, in wheelchairs, who can't get around. One lady just told me about that she--there's a towel around her whole face just so that she can walk through during that one hour that she gets to use the phone, that has an hour that she gets to use the phone. They reduced their phone calls to five minutes. COVID is devastating the emotional impact that it's having on people inside. I mean, to be locked down like that knowing that you're eligible, knowing that you fit the criteria, knowing that you've submitted paperwork and the warden denies you. It gets denied. Knowing that you know within your heart, your attorney has told you fit the criteria. It's frustrating for me just to see people who I know should be out still in. I will continue to speak out. Emotionally, yes, it does have an effect on you, but I think it gives you-- Ms. Jackson Lee. Thank you. Ms. Levi. --more drive because you know the emotion that it has on me, so I know what it has on the people that are still inside. Ms. Jackson Lee. Thank you so very much. You have done so much for us in your testimony. Dr. Venters, you really highlighted some crucial issues regarding health care. I think we should understand that these are still human beings, but in the Bureau of Prisons there are medium and minimum facilities. There are people of all categories that are incarcerated. Of course, there's maximum. Can you comment on is there any standard criteria for which doctors or nurses or health professionals are hired in the Bureau? Is there consistency in quality or consistency in numbers? Have you been able to determine that? Are those deficiencies continuing or are those deficiencies contributing to what you say are bad health conditions and a lack of understanding of the impact of COVID and the high numbers of COVID-19? Dr. Venters? Dr. Venters. Yes, I think that--thank you. I think that certainly there are problems recruiting staff all over, health staff in both the BOP facilities and other carceral settings. I think there are some very sound reasons why a lot of health staff are reluctant to take these jobs. It's not just that these are tough physical environments and it's really actually not so much, in my experience as a doctor at Rikers, that we're afraid of your patients. It's that these are places where we're not sure we're going to be able to provide ethical care and evidence-based care. So, until and unless we establish independent oversight so that a doctor, a nurse, a physical therapist knows that their delivery of care comes from a line of power and a line of authority that goes to a real health organization; it doesn't just go up the chain to a security person, I think it will be difficult to get the staff in that we want to fill those positions. So, that's why I sound like a broken record over and over about the need for independent oversight that comes from a health authority, not from some other law enforcement agency. Ms. Jackson Lee. Let me thank all of you so very much. This hearing today will be an effective fact-finding basis for our February 3 hearing and the Witnesses, each of you, have contributed in your own way. I do want to conclude my remarks and conclude this hearing by adding to the record an article at Forbes: ``As COVID Cases Spike, Federal Bureau of Prisons is Not Releasing Eligible Inmates.'' Then the Justice and Policy Center ``Racial Equity and Criminal Risk Assessment.'' Then a CNN article: ``This is an Unmistakable Win for Incarcerated Persons,'' regarding the DOJ reform dealing with the First Step Act. [The information follows:] MS. JACKSON LEE FOR THE RECORD ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Jackson Lee. So again, we are dealing with incarcerated persons, but we are dealing with human beings and their families. It is our responsibility and task as a Committee and to be vigilant and diligent. I want to see complete reform of our Federal prison system so that it meets society's needs of incarcerating those who have certainly violated the law inviolate, but also has a strong commitment to human dignity and response, and as well rehabilitation. I don't think they are mutually exclusive. Thank you, Members, for contributing to today's hearing. This concludes today's hearing. Thank you again to our distinguished Witnesses for attending. Without objection, all Members have five legislative days to submit additional written questions for the Witnesses or additional materials for the record. This hearing is adjourned. Have a good day. Thank you. [Whereupon, at 12:56 p.m., the Subcommittee was adjourned.] APPENDIX ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]