When an Arrest Becomes a Death Sentence: Overpopulation of U.S. Jails Increases the COVID-19 Threat to Every Community

Abstract

As the coronavirus continues to spread in the U.S. and surge in an increasing number of states, we must consider the role of jails in transmitting the virus. Even with highly effective social distancing outside of the jails, our national rates of COVID-19 deaths are projected to rise by 98% due to infections in jails. Jails act as a revolving door for the spread of COVID-19 in our communities. Inhabitants of the jails — both staff and incarcerated persons — come from our communities and soon return to them. Thus, the strategy of social distancing to limit the spread of COVID-19 can only be effective if it includes jails, which are a primary vector for the infection.

In the age of COVID-19, an arrest could mean a death sentence because there is no way to effectively, safely, or fairly quarantine inside a jail. Jails are particularly vulnerable to rapid and severe outbreaks of COVID-19 because of the frequent movement in and out of jails from detainees and staff, the aggregation of people from a variety of geographic locations, the limited space available for medical isolation, the limited ability to practice disease prevention measures (e.g. handwashing) due to restrictions in access to soap, paper towels, and hand sanitizers; and the inability to social distance given the volume of people and the architectural design of the facilities.

Numerous public officials can play a role in protecting the health and safety of our communities by reducing the jail population during this pandemic. When an Arrest Becomes a Death Sentence identifies the key front-end criminal justice system actors responsible for shaping the jail population and the actions they can take to protect everyone’s health and safety.

To successfully address the coronavirus pandemic in the U.S., we must significantly reduce our jail population. Addressing pretrial detention enables us to protect public safety and improves our criminal justice system. These measures can be implemented quickly and will significantly improve safety for the staff and individuals held in jails and significantly improve safety for us all.

Keywords: pre-trial detention, jails, COVID-19, decarceration, racial disparities