As reported by various news outlets to include CNN.com, the first cases of coronavirus in the federal correctional system emerged earlier this week as the number of infected inmates and staff at facilities across the country continued to climb.  This, in turn, has heightened concerns about the spread of the pandemic within the institutions housing the nation’s inmates amongst the inmates and correctional staff.

Certain developments have arisen as many staff at prisons have voiced worries about an unprepared system, with officials citing short staffing and a lack of proper protective equipment. Criminal justice advocates have also called for the release of certain nonviolent offenders, including those who may be at greater risk from the virus.  Certain high-profile inmates have actually asked to be released.

In response, the Federal Bureau of Prisons moved to a defensive posture, temporarily blocking social visitors as well as attorneys in some circumstances from visiting inmates at the system’s 122 facilities across the country.  Local facilities, where most the U.S.’s prison population is housed, have also taken steps to lock down buildings and reduce the possibility of the virus making it inside.  As you can expect, this is extremely challenging given cramped cell blocks and routine gatherings among inmate populations.  As such, measures such as staggering mealtimes and recreation in certain areas has been implemented. Moreover, while new inmates have continued to report to federal prisons throughout the crisis, the Federal Bureau of Prisons has suspended internal inmate transfers between facilities to minimize the spread of possible infections.

The issues encountered by the Federal Bureau of Prisons will surely arise, if they have not already, in New Jersey, both on the State and local level. As such, we want all of our Public Safety Officers to be prepared and take the necessary precautions for not only themselves, but their families and loved ones. As you can expect, all State and local authorities are not entirely prepared to deal with this unprecedented situation. Therefore, we suggest all Officers take note of the precautions and/or actions being utilized by their respective employers to minimize the risk of infection.  Should you believe your respective employers are not engaging the proper mechanisms to do so, it is imperative to contact us so that we may assist in ensuring your safety remains the highest priority.

Please continue to check this blog periodically for updates on this and other important topics.

 

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Photo of Donald C. Barbati Donald C. Barbati

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault. In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.