Bureau of Justice Assistance - Office of Justice Programs, U.S. Department of Justice - Solutions for Safer CommunitiesOJP SealAttorney General Alberto R. GonzalesAssistant Attorney General Regina B. SchofieldBJA Director Domingo S. Herraiz
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Preparing the Justice System for a Pandemic Influenza: Critical Questions

As justice and public safety policymakers and practitioners begin to think about the impact of a pandemic on their operations and who they might respond, a few critical questions might be good to consider:

  • Thirty percent of your work force is not working because they have fallen ill with the flu. How do you keep reassigning duties as more become ill? How do you protect your staff from harm? What are your agency's policies regarding sick leave, absence from duty without pay, etc.? Will these policies support your staff in their decisionmaking about reporting to work during a pandemic outbreak?

  • If an employee of your agency violates an order of isolation or quarantine, what action will your agency take?

  • How do you manage a facility that holds a changing population (e.g., a jail or detention center) to avoid the entire population from becoming ill?

  • If an officer is asked to enforce an order of isolation or quarantine, what proof does the officer need that this is a legally valid and enforceable order?

  • Will the public health authorities share privacy-protected information with your agency, and what are your plans to protect such information from unauthorized use? (Privacy-protected information includes diagnosis with identifying information.)

  • How will you provide meaningful consultation with an attorney for a respondent to an isolation or quarantine petition?

  • What are the mission-critical hearings a court must hold? (Mission critical includes both mandatory and essential hearings.)

  • Does your state permit alternative methods for filing pleadings and other court documents, including electronic filing? Video hearings? How do you accomplish these changes?

  • Who pays for health care given in the jail or required under a court's order?

  • How will you allocate limited resources such as services and supplies among competing demands?

  • How will you assure that your agency has adequate supplies of food and fuel for those who are able to work?

  • How will you handle custody and visitation disputes on the juvenile and family dockets during a flu epidemic? Abuse and neglect allegations? Do you have guidance in place that will advise the affected families of acceptable responses?

  • What are your strategies to deal with high-profile, large-need, or sensitive installations (e.g., homes of officials and other public figures, colleges and universities, retirement homes, or nursing homes) during a demand surge on your resources?

  • How will you provide protection and security for stockpile sites, food, and other essential deliveries?

  • Have you prepared your family plans so that you can serve when needed?