The Spread of Coronavirus in Correctional Facilities Cannot Be Ignored

Many people will be surprised to learn that the largest clusters of coronavirus cases in the country are not in major metropolitan areas like New York City or San Francisco. Instead, they are inside the walls of correctional facilities. This past week alone has resulted in an additional 6,664 cases among prisoners, with the total number nearing 9,500 and the total number of positive cases among correctional staff nearing 4,000.

Other individual correctional facilities have seen high infection numbers, which are likely understated. Multiple prison systems are not reporting testing figures, which suggests there are likely significantly higher numbers. Prisons are typically reluctant to share data and, in this case, may be leaving policymakers in the dark as they navigate the spread of the virus.

The rapid spread of COVID-19 behind bars is likely a direct result of overcrowded and living conditions (a recent Department of Justice report found that federal facilities are operating over capacity by 12 to 19 percent), a lack of access to soap and hand sanitizer, and the daily churn of correctional staff that risk carrying the disease back to the community. Protective social distancing is almost impossible to replicate for incarcerated population.

Throughout the past few weeks, a slew of actions have been taken by states and local jurisdictions in response to the crisis inside their prisons and jails As of mid-April, around 16,000 people have been released from prison due to coronavirus concerns, but the exact number remains unclear due to the nature of an opaque and decentralized criminal justice system. A group of prosecutors have released a statement calling for measures such as adopting “cite and release” policies for people who pose no public safety risk, early release plans, and a suspension of new detentions pertaining to immigration status.

More urgent and immediate measures must be taken by states to protect the 2.3 million men and women behind bars. A recent epidemiological model released by the ACLU and researchers from  Washington State University, the University of Pennsylvania, and the University of Tennessee predicts that another 100,000 people could die from coronavirus related complications if jails do not make significant alterations to their daily operations. Since the average time a person spends in jail is around 25 days, the health of the community is put at risk as thousands of people rapidly enter and exit the system. Even with the uncertainties associated with epidemiological models, the downside risks from failing to address the problem remain high for prisoners and the public.

To combat the further spread of the virus inside correctional facilities and maintain public safety, governors and local correctional leaders need to increase the number of people they are releasing from incarceration. Prisoners who are at low risk of re-offense, elderly prisoners, and those with underlying health conditions should be prioritized for release. Secondly, increased testing is urgently needed to monitor spread within prisons and limit transmission beyond prison walls through correctional staff. Lastly, facilities must continue to improve the health and sanitary conditions to protect the inmates who cannot be released safely to community supervision.