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ENG 303
OVERCROWDED PRISONS AND COVID-19
October 14th, 2021: Boone Emily, Eknoian Jordan, Martinez Jillian

Introduction

In January of 2020, a virus hit the world that

ultimately changed every aspect of life. Near the end

of April, 1 million cases and 65,000 deaths had

been recorded, and numbers have not stopped

climbing(Vose PP2). Quick and drastic moves were

made to ensure the health and survival of people everywhere, but these moves hit prison systems

in a different way. Overcrowding in the prison system has always been a problem, from the

1970’s with prison capacities at 400,000 inmates,to reaching a peak of 2.3 million by 2008

(Franco-Paredes PP2). With the influx of prisoners, Covid restrictions guidelines proved difficult

to incorporate, which led to changes in sentencing and release of inmates. Many citizens

disagreed with the idea of readministering violent and untamable people back into the

community. However, others believed leaving prisoners in these conditions was a violation of the

8th amendment, which protected people from cruel and unusual punishment (Franco-Parades

PP11). Drastic measures have been brought up to Politicians to make sure both the free and

imprisoned are protected from the virus.

Release Dates and Sentencing

With the rise of Covid rates, in the US alone, 15 of the largest clusters were found around

prison and Jails (Franco PP6). Facilities, or “total institutions”, were “places where three core
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features of life..-sleep, play, and work-occur in a single location… a large number of like-situated

individuals, cut off from the wider society...together lead an enclosed, formerly administered

round of life”(FrancoPP7). With total institutions, Separation of people is a feat that is granted

impossible with the influx of prisoners today. Which makes Covid guidelines impossible to carry

out within these facilities. The U.S have found a couple ways to combat this population conflict.

“Jurisdictions have hastened release by offering pre-trial detention for Nonviolent offenders, as

well as limiting the number of immigration centers. This had led to the US incarceration

percentage to fall down to 11%” (Franco PP11). This plan is known as the Prison Initiative, and

has led to drastic decreases in places like Clackamas Oregon with a 66% drop, Kitsap

Washington with a 59% drop, and Kenton Kentucky with a 52% drop in inmate population (Vose

PP17.) . Along with the Prison Initiative, prisons also use the RNR model, risk-need-responsivity

model, to assess inmates eligible for

release (Vose PP20). Step one is the

risk factor, this refers to the level in

which a prisoner needs to be

handled, and their chances of

recidivism. This includes looking at

past behaviors and mental health,

comparing it with the present

behavior and mental health of the inmate. Step two would be the needs of the prisoner, the types

of treatments or rehabilitation styles the prisoner needs to re-enter society.Things like therapy,

and medication, and the level of importance it is to either continue assessing the treatment
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through the system. The last step is the responsivity, how the incarcerated respond to treatments

and the idea of them going back into society, as to lower the chance of repeat offending (Vose

PP18-20)These strategies have led to solving the problem of space in prisons to ensure proper

hygienic protocol and treatment(vose PP23). With releases and to ensure decreased populations,

these individuals have to find ways to not only readapt to society, but stay out of prison.

COMMUNITY SUPERVISION IMPACTS

Many individuals who have been released from prison have faced and continue to face

many hardships and challenges when it comes to re-entering society and their communities.

Many recently released inmates are out on some sort of community supervision, like probation or

parole. Probation occurs when an offender gets released early from their detention based on their

good behavior. Parole occurs when an offender is released on the promise of good behavior from

the offender. Currently, there are about 4.3 thousand offenders that have been released on

community supervision in the United States (Viglione et al., 2020). As part of being released on

community supervision, there are certain requirements that must be met by the released

offenders, that are handled through face-to-face interactions. Requirements like: in-person visits,

home visits, finding and maintaining employment, fines paid, fees paid, drug tests and treatment

programs (Viglione et al., 2020). These requirements need to be done constantly to maintain

staying in a community supervision agency. However, due to the Covid-19 pandemic, many

community supervision agencies have had to accommodate and make significant changes to try

and minimize the spread of Covid-19.

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Covid-19 has caused community supervision agencies to make some drastic changes. The

most important thing that agencies had to figure out, was finding a way to make sure

requirements are still being met all while taking safety measures and precautions. A major

change is putting efforts into increasing the usage of technology which is ultimately decreasing

most if any face-to-face interactions (Viglione et al., 2020). During the beginning of the

Covid-19

pandmeic,

technology was

used for any

low level

offenders, most

common were

non violent individuals, however, now that society has been accepting and realizing Covid-19 is

here to stay, many agencies have decided it is time to use technology for all individuals,

regardless of risk level. Moreover, since many of the requirements are now being completed

through some form of technology, there is less reason to be having in-person meet ups. Also,

agencies have noticed that since there has been an increase in using technology and a drop in

in-person interactions, it is much harder for agencies to be able to hold individuals accountable

for requirements not being met fully (Viglione et al., 2020).

Community supervision agencies have helped many individuals get back to everyday life.

Despite the obstacles that they may face, with the help of these agencies, it makes it slightly less
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challenging and motivates them to attempt to do better. Due to the pandemic, challenges have

risen, but has not stopped agencies from trying to lessen overcrowding in prison systems across

the United States. Though overcrowding has been a big issue, many people have attempted to

find the bright and the negative aspects of it.

PROS AND CONS

During the height of the pandemic, the prison system went through many changes, which

showed how unprepared the U.S. was to face Covid .“Jails and prisons house large numbers of

people with chronic diseases and complex medical needs who are more vulnerable to COVID-19.

At the beginning of the pandemic, jails cut their populations by as much as 30%, helping to

protect many of these people. But states and counties abandoned their efforts to keep jail

populations low as the pandemic wore on.” (Covid-19in the California State Prison System

2021). This led to many deaths of prisoners “Over 380,000

incarcerated people in the USA were diagnosed with severe

acute respiratory syndrome coronavirus 2 through February

2021, and approximately 2,300 died (1).

COVID-19-related health outcomes appear worse among incarcerated people than in the

general population .” (COVID -19 in the California State Prison System, 2021) which is why it's

so important especially for prisoners to have enough room to social distance and isolate if

infected with covid. Even though the government tried to make efforts to cut down on the spread

of covid from prisoner to prisoner they missed the mark. “Since the pandemic began, CDCR has

taken drastic steps to mitigate transmission and stem outbreaks. Nonetheless, as of February 13,
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2021, there had been 48,758 confirmed cases among residents and 205 deaths. These represent

substantially higher rates of infection and mortality that state’s general population has

experienced.” (COVID -19 in the California State Prison System, 2021) This general number

varies in severity on a state to state basis, but shows an incline in death rates. “Despite reductions

in room occupancy and mixing, California prisons still house many medically vulnerable

residents in risky settings. Reducing risks further requires a combination of strategies, including

rehousing, decarceration, and vaccination.” (COVID -19 in the California State Prison System,

2021)Even with changes being made,since close proximity and population comacity didn’t

change. Releasing non violent criminals and offering help once they are out to prevent

recidivism became a necessary solution.

However, covid 19 release rates are at an all time high “We

reported early in the pandemic that prisons were releasing

almost no one. Almost a year later, it’s still true: We found

that the moderate drops in prison populations in 2020 were

the result of fewer admissions, not more releases. And

shockingly, most parole boards granted fewer paroles during

2020 than 2019. The result? As of December 2020, 19 state prison systems were still at 90%

capacity or higher.” (Covid-19 in the California Prison system 2021) though it's not up by much,

it's still a shot in the right direction. The prison system is instead, trying to stop the non violent

offenders from even going to prison which helps prevent overcrowding. There are a lot of

policies getting passed right now that will help shorten prisoners sentences “California made

more "good time" credits available to about 76,000 people in the state's prisons. This expansion
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of good time was the result of Proposition 57, the Public Safety and Rehabilitation Act of 2016,

approved by a majority of California voters five years ago. (May 7, 2021)” (The most

significant... COVID-19 pandemic, 2021) this is one example that will help thousands of people

get out of a shortened sentence and get them back on the right track after being released. Another

significant occurrence is that,“policy changes made during the pandemic — like eliminating

cruel copays for incarcerated people — are ones we need to remember and demand that they be

extended permanently.” (The most significant... COVID-19 pandemic, 2021) Which would help

reduce overcrowding by minimizing the amount of unnecessary inmates or non violent inmates.

This is only the beginning of policies being passed in favor of helping release non violent

criminals early “The California Department of Corrections and Rehabilitation (CDCR)

announced on June 16th that people in state prisons for “non-violent” offenses with less than 180

days left on their sentence were eligible for supervised release beginning July 1st.” which is 6

months that they gained to get back and start their lives again. The prison system is on the right

path in helping reduce overcrowding and the spread of covid 19 throughout these hard times.

Conclusion

At the end of 2018, the jail authority populace in 25 states and the government Agency of

Penitentiaries had a complete number of detainees in care that met or surpassed their base

number of beds. Since jails have a large number of inmates than they were intended to hold,

detained individuals are packed into quarters and warehoused in rooms with just inches between

them. At numerous detainment facilities, it's difficult to isolate huge quantities of tainted

detainees, so the danger of disease for a detained individual and restorative staff is amazingly
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high.With all of these policies, the US taking a step in the right direction, yet prisons still remain

close to maximum capacity, which leaves prisoners stuck with a deadly situation. Covid 19 has

been a wakeup call for the U.S, from the safety of the prisoners, to the thousands of them

released, and the effects on the community. The pandemic has enlightened the people to share a

core belief, everyone has the right to be kept safe, even inmates.
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REFERENCES

1)COVID -19 in the California State Prison System: an Observational Study of Decarceration,

Ongoing Risks, and Risk Factors - Chin, E. T. (2021, July 21). COVID-19 in the California State

Prison System:. . . Journal of General Internal Medicine.

https://link.springer.com/article/10.1007/s11606-021-07022-x?error=cookies_not_supported&co

de=9271170b-46df-4060-9da3-4342169a1592

2) Franco-Paredes, C., Ghandnoosh, N., Latif, H., Krsak, M., Henao-Martinez, A. F., Robins, M.,

Vargas Barahona, L., & Poeschla, E. M. (2021). Decarceration and community re-entry in the

COVID-19 era. The Lancet Infectious Diseases, 21(1), e11–e16.

https://doi.org/10.1016/s1473-3099(20)30730-1

3) Jill Viglione, Lucas M. Alward, Ashley Lockwood & Sara Bryson (2020) Adaptations to
COVID-19 in Community Corrections Agencies across the United States, Victims & Offenders,
15:7-8, 1277-1297, DOI: 10.1080/15564886.2020.1818153
4)Lewis, M. B. R. (2020, August 18). Prisons release thousands of inmates, some with

coronavirus. CalMatters.

https://calmatters.org/justice/2020/08/california-prisons-early-release-coronavirus/

5)Spanic, D. (2020, January 16). Department of Corrections inmate [Photograph].

https://unsplash.com/photos/lb7q0iLOaSE

6)The most significant criminal justice policy changes from the COVID-19 pandemic - Initiative,

P. P. (2021, May 18). Criminal justice responses to the coronavirus pandemic. Prison Policy

Initiative. https://www.prisonpolicy.org/virus/virusresponse.html
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7)The Risk-Need-Responsivity Model. (n.d.). Her Majesty’s Inspectorate of Probation. Retrieved

September 28, 2021, from

https://www.justiceinspectorates.gov.uk/hmiprobation/research/the-evidence-base-probation/mod

els-and-principles/the-rnr-model/

8)Vose, B., Cullen, F. T., & Lee, H. (2020). Targeted Release in the COVID-19 Correctional

Crisis: Using the RNR Model to Save Lives. American Journal of Criminal Justice, 45(4),

769–779. https://doi.org/10.1007/s12103-020-09539-z