Prison Service Response To Covid-19
The Covid-19 virus has wrecked havoc in many parts of the world. However, its devastating force has been felt most acutely among the imprisoned, who have been infected at rates many times greater than the general population. When it comes to infections, America’s correctional facilities have been among the most hazardous locations in the country. Since the pandemic first unleashed its wrath on humanity, many prisoners have fallen under its wave while others continue to suffer.
According to the New York Times, out of three individuals in the American prisons has Covid-19. That means that this virus has infected at least 39 percent of the population in prison. Hence, this epidemic brings to light significant imprisonment issues in the United States, which require quick response and addressing.
Correctional facilities’ confining, sometimes filthy conditions have become perfect for growing and spreading the virus since social distancing in these facilities is not an option. Early on in the epidemic, testing was not a top focus inside jails. Political authorities have been reluctant to respond to the spread due to a lack of public pressure. However, along the way, the authorities are attending to this virus even in correctional facilities.
The crisis behind bars is still progressing. It has been more than a year and a half since the epidemic began; due to the failure of the government to promptly act, contestation in prisons facilities, and insufficient immunization efforts causing deaths of inmates in the prisons. However, to reduce the number of the already rising casualties, the bureau of Prisons under the Department of Justice has come with some strategies in response to the coronavirus situation.
The Bureau Of Prisons Response To Covid-19
The Bureau of Prisons (BOP) manages a national correctional system with 122 prisons with varying security and specific tasks. Since January 2020, the BOP has been preparing for coronavirus (COVID-19). The Health Services Division provided advice on the disease’s description, where the infection was occurring, and recommended practices for preventing transmission during Phase One. A task group inside the agency worked with subject matter experts at the Centers for Disease Control (CDC) and examined World Health Organization (WHO) guidelines.
In Phase Two, the BOP has implemented some nationwide steps to combat the spread of COVID-19. Every State is continually implementing the set measures as best as it can. This is to guarantee that the federal prison system continues to operate effectively. Some of the measures taken and that continue to be implemented include:
1. The BOP maintains an infectious disease control program regularly. Hence, it will continue conducting the inmate screening process. In addition, it employs the following methods to resolve COVID-19-related issues:
- Ensure that all new inmates in the facilities undergo the Covid-19 Screening process. This is to test for risk factors and symptoms.
- In addition to that, asymptomatic inmates with an exposure risk factor undergo quarantine.
- Also, BOP calls for immediate isolation and testing for Covid-19 as per the local authority protocols for the symptomatic inmates with exposure risk factors.
2. In regions with continued community transmission and at medical referral facilities, the medical team will undertake enhanced health screening of the prison staff. Self-reporting and temperature checks are part of the screening process for the following 30 days.
3. The BOP is halting the social visits. Instead, it will allow more prisoner telephone conversations of up to 500 minutes per month and reduce costs. This is because they want to ensure that convicts retain social connections.
4. For inmates who require legal visits, the BOP will grant these inmates a private phone call conversation. This is following the banning of physical visits to the facilities. However, Attorneys wanting an in-person meeting with their client may contact the institution’s Executive Assistant or the BOP institution’s Consolidated Legal Center. And when allowed to proceed, they will have to undergo the screening process.
5. The BOP also will deny all inmate facility transfers for 30 days. Forensic investigations, writs, Interstate Agreements on Detainers (IAD), medical or mental health treatment, and transfer to pre-release custody are permitted exceptions. Other exclusions (such as for court proceedings) may be granted on a case-by-case basis by BOP Regional Counsel. Hence, the new prisoners’ admission will continue.
6. The BOP will conduct countrywide modified operations. This is to enhance social distance and restrict group meetings in our institutions. For example, implementations on separate mealtimes, entertainment, and other amenities based on the population and physical architecture of the facility.
7. The bureau will also limit the contractor’s access to BOP facilities for 30 days to those providing needed services; For example, medical or mental health care, religious services, or conducting required maintenance on critical systems. Contractors who need access will undergo vetting in the same way that employees are before being let in.
Early Releases And Reducing The Inmate Intake Process
Even before detecting COVID-19 cases in prisons and jails, clinicians and advocates came up with proposed measures. These measures were to mitigate the outcome harms, such as; making protective equipment, testing, and medical care more widely available and eliminating co-payments and other policies that may discourage inmates from seeking care. Although these steps are necessary, the most efficient approach to prevent an impending epidemic is significantly decreasing the number of people in jails and prisons. To achieve control over covid-19 cases in prisons, the only two ways that would be effective are; reducing unnecessary jail admissions and faster prison release.
Early Releases
Before the introduction of the epidemic, jails were not releasing any inmates who still had time on their sentence. Surprisingly, due to the manifestation of the virus, in 2020, most parole boards awarded fewer paroles than in 2019. However, despite the efforts, the prison population in 13 states was still above 90 percent.
Despite this, state jails are teeming with individuals with pre-existing medical problems. These conditions place them at a higher risk of COVID-19 complications. We know that these state authorities are taking measures to decrease the jail population in the face of the pandemic:
State Legislation
On October 19th, the New Jersey legislature approved S2519, under Governor Phil Murphy, allowing prisoners with less than a year remaining on their sentences to go free. Hence, more than 2,000 individuals being freed, with a further 1,000 set up for later release.
Inmates in New Jersey have the highest COVID-19 mortality rate in the nation. Hence, the purpose of establishing a mechanism for awarding these credits is to accelerate the release of certain prisoners nearing the conclusion of their sentences; and minimize the danger of violence to inmates and correctional facility personnel while also preserving public safety. This law allows for the awarding of public health emergency credits to certain prisoners if the Governor declares a public health emergency due to a communicable or contagious illness that necessitates the alteration of correctional institution operations.
Any prisoner in the custody of the Department of Corrections who is serving a sentence or earning jail credits relevant to the term is eligible for public health emergency credits under the law. The credits will allow time off from their actual sentence lengthy time. However, any reoffending prisoner and compulsive sex offender are not eligible for public health emergency credits under the law.
Governor Executive Orders And Commutations
Governor Roy Cooper of North Carolina announced intentions to free 3,500 prisoners held in state jail in February 2021. The releases resulted from a lawsuit by the National Association for the Advancement of Colored People in response to COVID-19 jail conditions in North Carolina. The State used discretionary sentence credits (sometimes known as “good time credits”), home confinement, and post-release monitoring to release individuals.
In New York, under Governor Cuomo, 1,100 inmates were to be free under community. Hence, the Department of Corrections and Community Supervision announced freeing 898 persons on June 8th, after evaluating individuals for early release in light of COVID-19. This, including six pregnant women, nonviolent criminals with less than six months left on their sentences.”
Policy Changes In Correction Departments And Parole Boards
Around 76,000 inmates in California’s jails now have extra “good time” credits available. Proposition 57, the Public Safety and Rehabilitation Act of 2016, was passed by most California voters five years ago, resulting in the expansion of good time.
During the epidemic, the Federal Bureau of Prisons released approximately 24,000 inmates to spend the rest of their sentences under home confinement. The CARES Act allows old or guilty nonviolent offenders to go home from federal prisons. However, a Department of Justice memo released in the last days of the Trump administration may compel many of these previously imprisoned individuals to return to prison, even though they had started to rebuild their lives and reunite with their families.
On June 16th, the California Department of Corrections and Rehabilitation (CDCR) stated that individuals serving time in state prison for “nonviolent” crimes who had fewer than 180 days remaining on their sentence would be eligible for supervised release starting July 1st. 3,500 individuals with April parole dates were released a few days or weeks early at the end of March. The CDCR stated in July that a further 8,000 individuals might be free by the end of August. People who were being released shortly and medically fragile were among those who might be freed.
Orders From Court
California state courts examined roughly 3,500 individuals designated for early release from imprisonment due to COVID-19 in June 2020. In October, the California State Court of Appeal ordered the transfer or release of half of the 2,900 inmates imprisoned at San Quentin State Prison. The court concluded that the jail neglected the release of the most vulnerable individuals. Officials at San Quentin determined who would depart and whether they would be moved or freed.
The federal court ordered the federal Bureau of Prisons to expeditiously release 837 individuals held at the Elkton Federal Correctional Institution in Ohio on May 19th.
In early April, the Hawaii Supreme Court appointed a special master to coordinate possible releases with public defenders. Courts allegedly granted early release to 655 individuals between March 2nd and May 1st, based on petitions submitted mainly by the Office of the Public Defender.
Thirteen individuals were released, and 58 others put on parole from state prisons due to a decision by the Massachusetts Supreme Judicial Court on April 3rd. Following technical probation/parole breaches eligible for release hearings. In addition, they granted 23 medical parole petitions. Also, Chief Judge Mary Ellen Barbera of Maryland directed the State’s trial courts to identify and release individuals in prison at risk for COVID-19 and who represent no danger to public safety.
Fewer Inmate Admissions
Some prosecutors have already made changes to their prosecution guidelines to decrease prison admissions and stay lengths. Moreover, Baltimore is postponing all drug possession and other minor offenses. The district attorney in San Francisco has an order to release all those held in pretrial custody and those who would be eligible for bail if they could afford it. These measures aim at decreasing overcrowding in certain institutions. Nonetheless, they have little impact on the majority of jails and prisons. In fact, the slight drop in jail population as of 2020 was not due to releases but fewer admissions to the jails.
City And County Ordinances
In April, in San Marcos, Texas, the city council approved a municipal law requiring police to use citations instead of arrests for certain offenses. The Hays County Sheriff’s Office stated that beginning September 1st, a new “Cite and Divert” program would be implemented in an attempt to decrease arrests, prison time, and criminal charges.
Actions By Jail Administrators And Sheriffs
To decrease the prison population in the face of rising COVID-19 infection rates, the Cuyahoga County Jail, Cleveland, Ohio, stated that it would no longer accept new misdemeanor charges, apart from instances of domestic abuse. On July 10th, the sheriff of Jefferson County, Alabama, announced that admissions to the jail would be limited to violent offenders who cannot make bonds.
Offering The COVID-19 Vaccine
Every State’s priority list for the COVID-19 vaccination should include imprisoned individuals by any acceptable criterion. In-state and federal prisons, the COVID-19 case rate is four times greater than in the general community. It is even twice as fatal.
In collaboration with the Federal Bureau of Prisons, the CDC has a vaccine implementation strategy for vaccinating every inmate. However, the Centers for Disease Control and Prevention (CDC) does not make plans for allocating, distributing or administering vaccinations to state or local jails and detention institutions or US Immigration and Customs Enforcement (ICE) facilities.
Nonetheless, the coming together of correctional facilities’ shareholders will help minimize the spread of this virus. These shareholders include:
- The Bureau Of Prisons
- World Health Organizations.
- The Department of Justice.
- The Office of the President.
- The Incident Command System.
- The US Marshals Services.
- The Immigration and Customs Enforcement.
- The Community Based Organizations.
Reducing The Cost Of Communication
To minimize the danger of COVID-19, most federal institutions, state prisons, and many municipal jails chose to restrict or abolish friends and family visiting severely. Only a few companies attempted to compensate for this loss by eliminating phone calls and video communication costs. Three prominent instances are as follows:
- For a limited time, the Federal Bureau of Prisons made phone and video calls free under CARES Act. This service was to last for the next 30 days after the President declared a national emergency.
- All phone calls and video communication costs have been temporarily eliminated in Shelby County, Tennessee.
- The California Department of Corrections and Rehabilitation (CDCR) offered free calls three days a week in April 2020. However, only a few weeks later, the department had reduced its offer to two free calling days a month.