Colorado’s prison population decreased by 13% between March and December 2020 as the pandemic prompted mitigation measures, a memorandum from the state’s Legislative Council Staff reports.

The drop in numbers is a difference of 3,884 inmates, and there is a 26% vacancy rate in the prison system that has a capacity for 17,600 individuals.

“The highest vacancy rate is at women’s facilities (39 percent), followed by male state prisons (27 percent), and private prisons (13 percent),” outlines the memo, dated Jan. 15.

Among the reasons for the drop were an executive order that allowed the Department of Corrections to release certain prisoners, legislation from 2019 that reduced penalties for drug possession charges and policy changes that halted new inmates from county jails. In addition, a severe curtailment of courtroom proceedings has resulted in fewer criminal sentences.

“Prison inmates will not receive preferential access to the vaccine,” the memo stated, following Gov. Jared Polis’s resistance to the idea. “Instead, they will receive the vaccine based on age and health risks, similar to the rest of the state’s population. Prison workers who transport inmates or guard hospitalized ones have started the vaccination process. Other corrections staff will get the vaccine in Phase Two following first responders.”

As of mid-January, there have been 140,000 COVID-19 tests administered on approximately 18,000 inmates. Of those, there have been nearly 8,000 positive tests and 25 deaths. In mid-December, nearly 400 prison staff were on COVID-19-related leave, which affected food service, recreational outdoor time, and “overall safety and security,” the memo notes.

Since March, the population at privately-run prisons has dropped by 400, while the “jail backlog” has increased by 90% due to the executive order allowing the Department of Corrections to deny new admissions.