The Novel Coronavirus and Enforcement of the New Separate System in Prisons

• Date: 01 March 2022
• DOI: 10.1177/08874034211023572
• Published date: 01 March 2022
• Subject Matter: Articles

https://doi.org/10.1177/08874034211023572

Criminal Justice Policy Review

2022, Vol. 33(2) 206 –230

© The Author(s) 2021

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DOI: 10.1177/08874034211023572

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Article

The Novel Coronavirus

and Enforcement of the

New Separate System

in Prisons

Michael Klein1, Melissa A. Kowalski2,

Youngki Woo3, Courtney Solis4, Maria Mendoza4,

Mary K. Stohr4, and Craig Hemmens4

Abstract

Coronavirus has had a significant impact on daily life. Prisons are not exempt from

the impact of coronavirus disease 2019 (COVID-19). Prisons are particularly at risk

due to their secure environment and vulnerable inmate populations. We examine

steps taken by the 50 state departments of correction and the Federal Bureau of

Prisons to mitigate COVID-19 as reported on their websites. While states vary in

their response to the virus, those responses do not appear to be related to regional

or political differences. Few are testing or quarantining all inmates, and there are

more proactive responses devoted to staff than inmates in their facilities. Findings

demonstrate that prison systems’ policies regarding COVID-19 testing, quarantining,

and provision of personal protective equipment for inmates do not fully align with

Centers for Disease Control and Prevention recommendations. As a result, the

steps prison systems are taking to mitigate the effect of COVID-19 may be more

reactionary than proactive, which may be less effective overall.

Keywords

COVID-19, coronavirus, prisons, social distancing, pandemic response

1Winona State University, MN, USA

2State University of New York Brockport, USA

3The University of Texas Rio Grande Valley, Brownsville, USA

4Washington State University, Pullman, USA

Corresponding Author:

Craig Hemmens, Department of Criminal Justice and Criminology, Washington State University,

P.O. Box 644872, Pullman, WA 99164-4872, USA.

Email: craig.hemmens@wsu.edu

1023572CJPXXX10.1177/08874034211023572Criminal Justice Policy ReviewKlein et al.

research-article2021

Klein et al. 207

Introduction

Infectious diseases are not a new phenomenon in prisons. In fact, rates of such diseases

are higher in prison populations than they are in the general population in the United

States (Akiyama et al., 2020; Maruschak, 2006). However, until recently, prisons have

not had to deal with the magnitude of issues presented by the severe acute respiratory

coronavirus 2, which leads to the novel coronavirus disease 2019 (COVID-19). The

COVID-19 pandemic has required a series of changes in practices and procedures

across the globe, including in correctional facilities.

Although diseases are not foreign to prisons, such facilities were not designed to

minimize disease transmission; instead, they were created to uphold public safety

through the secure incapacitation of inmates (Bick, 2007). Unlike other communicable

diseases that may be prevalent in prisons, such as sexually transmitted infections, hep-

atitis, or human immunodeficiency virus (Akiyama et al., 2020; Hammett et al., 2002),

COVID-19 is a respiratory pathogen that can be highly transmissible in congregate

settings (Akiyama et al., 2020). Moreover, the coronavirus has a variable incubation

period. It can range from one to 14 days and may last as long as 24 days. Even in some

confirmed positive cases, people may be asymptomatic. Thus, COVID-19 may have

an even greater impact on the health and safety of prison inmates and staff. Ease of

contamination is exacerbated by a lack of space and proper ventilation (Dolan et al.,

2016; Nowotny et al., 2020). Such compounding issues have been observed previ-

ously in correctional settings with the spread of hepatitis (Gondles, 2005), tuberculosis

(Bellin et al., 1993), and meningitis (Tappero et al., 1996).

Yet, one of the main preventive measures used to halt, or slow, the spread of

COVID-19 involves social distancing (Centers for Disease Control and Prevention

[CDC], 2020a). Although the name implies that people should refrain from social con-

tact, the reality of social distancing is that individuals are instructed to keep at least six

feet physically away from each other. Unlike COVID-19, the concept of social dis-

tancing in prisons is not novel. Beliefs about the way a correctional system should be

operated, whether it is due to economic justifications or moral/religious reasoning,

have differed across time and place. History has shown that attempts at social distanc-

ing in prisons have failed for a multitude of reasons (de Beaumont & de Tocqueville,

1833/1964; Harris, 1973).

Yet, in light of the COVID-19 pandemic, prisons are again trying to enforce social

distancing to prevent the spread of this disease. Social distancing is just one measure

to halt the onslaught of COVID-19. Others have been introduced by the American

Correctional Association (ACA, 2020) for implementation in prisons. These interven-

tions include educating staff and inmates, increased handwashing and sanitizing, com-

munication with public health authorities, enhanced screening of new intakes, limiting

non-essential transfers and movement, increased disinfection, and limiting in-person

visitation. The goal of this study is to examine what policies and procedures prison

systems in the United States have adopted in response to COVID-19. We do so by

assessing Department of Corrections (DOC) websites for each of the 50 states and the

Federal Bureau of Prisons (BOP) to ascertain what methods of prevention or slowing