“Prisons and jails experienced declines in total population (approximately 11 percent of the incarcerated population) in the first half of 2020,” according to a report on decarceration put out by the National Academies of Sciences, Engineering and Medicine. The report notes that “these reductions appear to be mainly the result of declines in arrests, jail bookings and prison admissions related to lockdowns and the closure of state and local courts.” It continues: “The releases among sentenced jail and prison populations that have occurred have, for the most part, occurred on a case-by-case basis and have been procedurally slow and not well suited to crisis situations.”
While many jails saw a population drop during the first few months of the pandemic, the numbers of people being held in jails began climbing again over the summer, according to a September briefing by the Prison Policy Initiative, which analyzed 451 county jails. “In 88 counties, jail populations are higher now than they were before the pandemic” the briefing notes.
Some states have taken legislative action to speed the decarceration process. A bill signed by New Jersey’s governor last month permits prisoners with less than a year left on their sentences to be released up to eight months early. This has already prompted the release of more than 2,000 people, with another 1,000 or more releases anticipated.
All too often, continued foot-dragging or dysfunction by prison officials requires the courts to step in. In the spring and summer, the San Quentin State Prison in California had a major coronavirus outbreak. Built in the mid 1800s and early 1900s, the outdated facility suffered from overcrowding, inadequate medical staffing, “exceedingly poor ventilation, extraordinarily close living quarters and inadequate sanitation,” according to a panel of medical experts from the University of California, Berkeley, who were brought in to assess the situation in June. By late July, the number of active cases had topped 1,600. Tents were erected to house the sick. Before the outbreak faded, around 2,200 inmates had confirmed coronavirus infections, and 28 had died. In addition, 298 staff members were infected, resulting in one death.
The problem continued to fester. In late October, a state appeals court ruled that the prison authorities’ efforts to address the issue had been insufficient and that inmates’ constitutional protection from cruel and unusual punishment was still being violated. To deal with the emergency, the prison was ordered to cut its population by around half, through a mix of releases and transfers. (The original outbreak was sparked by the transfer to San Quentin of infected inmates from another prison.)
Clearly, more needs to be done. The report by the National Academies outlines best practices for reducing the incarcerated population, broken down into short-term and longer-term solutions. The suggested measures start with a systemic commitment to diversion efforts such as “noncustodial penalties” for minor infractions, including probation and parole violations, and the limiting of pretrial detentions through means such as reducing or eliminating bail.
In addition to offering guidance on a bolder decarceration effort, the report stresses the importance of minimizing risks to the families and communities involved, such as “offering testing prior to release, a place to quarantine in the community, and examination of parole and probation policies and procedures.” More comprehensive and more standardized testing and reporting requirements are also needed.