A Crisis in Prison: COVID-19 and the Criminal Justice System

BY THOMAS JOHNSTON

COVID-19 has impacted nearly every sector of society in the United States and around the world.  Schools have closed and colleges have transitioned to online learning, traditional church services have gone virtual, businesses have closed, and the government has taken unprecedented action to address the public health and economic crises. The president recently signed into law the CARES Act, a $2 trillion emergency relief package, and in coordination with the Centers for Disease Control and Prevention (CDC), issued prescriptive health guidelines to slow the spread of the virus.  

However, one population that has been overlooked during the crisis is  the men and women behind bars. There are currently 2.3 million Americans in our nation’s criminal justice system. In March, Faith and Law, an organization that brings together Capitol Hill staffers and Members of Congress across partisan lines for events and lectures, co-sponsored a webinar titled “The COVID-19 Impact on the Criminal Justice System: Amplifying the Need for Second Chances”  with the prison outreach and advocacy organization Prison Fellowship, along with other panelists, to discuss criminal justice reform in light of the COVID-19 crisis, and how this specifically impacts those in prison. The webinar featured Vice President of Government Affairs and Church Mobilization for Prison Fellowship Heather Rice-Minus, Legislative Assistant for the Office of Senator Rob Portman (R-OH) Megan Harrington, Executive Vice President of Field Programs with Prison Fellowship Dan Kingery, and Senior Pastor at Chicago West Bible Church Jon Kelly.

A CRISIS IN PRISON

A challenge for jails and prisons is the inability to practice social distancing, especially given overcrowding. This inability to fully practice social distancing in prison is challenging because much of prison life involves direct contact with others. Dan Kingery of Prison Fellowship explained some of the difficulties that prisons and correctional facilities are facing:

All the things we are trying to practice personally, as far as social distancing and [...] extra sanitation measures, is complicated in prison. You are in a very tight space with a lot of people and there is no social distancing ... corrections across the country are facing significant challenges. 

Throughout the country, there has been an increase in cases of COVID-19 in federal prisons. According to a Washington Post article, some corrections officials have taken extra precautions to contain and curtail the pandemic by sanitizing every surface, “isolating sick inmates, tracking whom they have had contact with and monitoring the population for symptoms.” However, Mary Lou McDonough, director of the Prince George’s County Department of Corrections said, “I expect we’ll have more before this is over.” 

In addition to increased sanitation measures, some criminal justice reform advocates are calling for changes to the justice system itself in order to protect those who are most vulnerable. In “An Open Letter to State and Federal Policymakers and Corrections Leaders,” Prison Fellowship has called for, among other things, 

  • “Increasing use of alternatives to incarceration where appropriate, including expanded use of community corrections, for those convicted of new crimes.

  • Increasing the use of existing elderly and compassionate release mechanisms, so that those who can safely be placed in home confinement or supervised release may serve their time in a safer and more supportive environment.

  • Expediting decisions about those who merit parole, commutations, and clemency, using remote technology where necessary to continue requisite hearings.”

For those in prison and their families, COVID-19 has disrupted the ability to visit with loved ones. It has also disrupted educational and spiritual programming for prisoners. To account for the loss of in-person visits and communal activities, Prison Fellowship calls for things like: 

  • “Increasing the number of phone or video minutes for incarcerated individuals while in-person visitation is temporarily suspended, and encouraging public-private partnership to cover the related costs.

  • Where possible, deploying creative solutions to continue providing recidivism reducing programs and religious worship in prison, such as smaller settings where individuals can be six feet apart, video and phone sessions, and distance learning opportunities.”

A PUBLIC JUSTICE RESPONSE 

According to the Center for Public Justice’s Guideline on Government, government bears a responsibility to “legislate, enforce, and adjudicate public laws for the safety, welfare, and public order of everyone within its jurisdiction.” This remains true during a pandemic. At the same time, government also has a responsibility to protect the health and well-being of those under its supervision in jails, prisons, and juvenile detention facilities. To the extent possible, the criminal justice system should take actions, like the ones outlined above, to promote health and safety for incarcerated men and women. 

While government has a clear role in the criminal justice system, the impact and contributions of civil society institutions like churches, secular and faith-based nonprofits, and educational institutions, should not be overlooked. Many of these institutions run regular programming with men and women in prison and provide holistic spiritual, mental, and emotional support. Public officials and correctional leaders should work to proactively engage with civil society institutions so that they can continue to make their vital contributions to the health and well-being of prisoners, even if programming must be adapted to adhere to COVID-19 protocols. 

Due to COVID-19, in-person programming has ceased. Kingery shared  how the field staff of Prison Fellowship is working to maintain the community that has been formed inside and outside prison - this includes sending Bibles to prisoners and working alongside the families of the incarcerated. Many prison ministries have taken steps to encourage and remain connected to those in prison. Kolbe Prison Ministries and Embrace, a campus ministry at Capital University, for example, have launched letter-writing campaigns to those in prison. The Oklahoma Baptist State Convention Prison Ministry is leading “a donation drive for items like puzzles, sketch pads, playing cards and toiletries to give to inmates at a women's prison in Oklahoma City.” Donna K. Thompson, the prison ministry’s director, said,  “We want them to know that we love them and have not forgotten about them.”

MOVING FORWARD

As Christians, we are called to remember those in prison. This includes caring about and supporting the physical, mental, emotional, and spiritual well-being of men and women in prison. The criminal justice system must take steps to protect those in prison from the spread of COVID-19, especially during this time of heightened fear and uncertainty. Likewise, the criminal justice system should seek to work collaboratively and creatively with civil society institutions, including churches and secular and faith-based nonprofits, that are so important to the holistic health of many prisoners. Their ability to continue to serve, albeit in different ways, will be critical in the days and months ahead. 


Thomas Johnston interned at the Center for Public Justice in the spring of 2020. He is a 2020 graduate of Lenoir-Rhyne University in Hickory, North Carolina.


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