The Economist March 19th 2022 United States 33
mean that the total number of people
locked up has fallen by as much, however,
since many have ended up serving their
sentences in local jails instead, as prison
authorities did not want to admit poten
tially infected people. And though some
states promised to release people early to
reduce numbers, in reality the entire re
duction has come from admitting fewer
people in the first place, says John Pfaff, of
Fordham University in New York.
Now that the virus is receding, the
number of prisoners may rise again, sug
gests Mr Pfaff, as jury trials resume. Yet
many prison officers chose to quit or retire
as covid raged. And as wages surge else
where, fewer are joining to replace them.
Last summer, nearly onethird of positions
in federal prisons were vacant.
In September an anonymous guard at
Lee Arrendale State prison, a women’s fa
cility in Georgia, told state representatives
that “on a good day” there might be as few
as six or seven officers to guard 1,200 in
mates. Hannah Riley, of the Southern Cen
tre for Human Rights, an advocacy group,
reckons 70% of positions in the state are
unfilled. (The Georgia Department of Cor
rections did not reply to a request for com
ment.) Georgia is now under investigation
from federal authorities, such is the extent
of violence inside.
What does this all add up to? Even with
the recent decline, America imprisons
more people than any other criminaljus
tice system. Black and Hispanic people are
especially likely to be locked up. In 2018
one in 45 black men was in prison (and
more still in jails). Poor conditions are not
only egregious humanrights violations.
They also make prison less effective. A De
partment of Justice study from 2018 found
that five out of six people released from
state prisons were rearrested within nine
years. The fact that prisoners are ware
housed with limited access to education or
mentalhealth treatment, in a place where
drug abuse and gangs are rife, is surely part
of the reason.
Worsening conditions are likely to lead
to more reoffending. Restrictions on visits
mean many prisoners have lost contact
with family over the past two years, says
Jobi Cates, the founder of Restore Justice, a
charity in Illinois which presses for crimi
naljustice reform. Visits are “everything
for our people”, she says, but prisons have
been slow to bring them back. It is not only
family members who have been kept out,
but also teachers, therapists and others
who help prepare people for release.
Electronic means of keeping in contact
got worse, too, because of staff shortages
and worries about moving people around.
“They made it to where you can only get
one phone call a day,” says NaJei Webster,
who was released from a prison in Illinois
in September, and who now works for Ms
Cates’s charity. Prisoners can get access to
email through tablet computers, but these
cost money—not only for the machine but
also per email sent. Sending money to pris
oners to pay for these services comes with
exorbitant fees, charged by firms such as
Global Tel Link and JPay, which saw its rev
enues spike in 2020.
The tragedy is that falling prison popu
lations ought to be an opportunity to close
some of the worst institutions. And state
budgets are unusually replete with cash.
Mr Ossoff says he has found that improv
ing conditions in prisons (unlike releasing
people) has bipartisan support. With sev
eral Republicans, he is pushing for more
congressional oversight of prisons. But
prisonguard unions are reluctant to ac
cept changes that make their jobs harder,
and, thanks to the staff shortages,they are
more powerful than ever. Itseemsmore
likely that things will get worse.n
M
arch20thmarkstheofficialstart
of spring in the northern hemi
sphere. Rising temperatures spell hard
times for plenty of American prisoners.
At least 14 states lack universal air condi
tioning in their prisons, including many
in the South. Florida offers aircondi
tioned housing units in only 40% of its
staterun correctional institutions; Texas
provides it in only 30%. None of Louisi
ana’s seven men’s prisons provides air
con universally where prisoners sleep,
although its single women’s prison does.
In places where the summer tempera
ture can exceed 100°F (37°C), buildings
keep both offenders and heat trapped
inside. Prisoners on medications to
manage blood pressure or mental pro
blems are especially prone to heatrelat
ed illnesses, as are those with asthma.
Prisoners have died during heatwaves,
prompting lawsuits against the states
that held them. Some states allow pris
oners a personal fan, but that does little
good in extreme heat, as any southerner
whose air con has broken down during
the summer can attest.
Toughoncrime attitudes among
politiciansareonereasonforinaction.
No one wants to be portrayed as pamper
ing prisoners, says Mark Jones of Rice
University in Houston: “It’s not a win
ning issue politically.” Frugality has been
another factor. The Texas Department of
Criminal Justice estimates that it would
cost a whopping $1bn to add universal air
conditioning in the state (though some
believe that to be wildly overblown). Last
year the Texas House passed a bill that
would expand air conditioning in pri
sons, but without offering any funding,
and the Senate never took it up.
Legal challenges are likely to contin
ue. Although some state courts, such as
Wisconsin’s, have ruled that incarcer
ation in extreme temperatures violates
the Eighth Amendment (which offers
protections to those accused of a crime),
the Supreme Court said in 1981 that the
“constitution does not mandate comfort
able prisons”. This has contributed to a
perceived lack of urgency.
Staff shortages may do more to get
politicians’ attention. High temperatures
are a burden not just for prisoners but for
guards and other staff, too. Recently
James Le Blanc, secretary of Louisiana’s
Department of Corrections, testified to
state lawmakers that the lack of air con
ditioning is a major reason that his de
partment is short of 12,175 correctional
officers, about a quarter of positions. The
estimated cost of adding it seems a snip
compared with Texas’s scary figure: at
around $30m, it is a fraction of Louisi
ana’s $500m annual corrections budget.
Some think that the federal govern
ment could help pick up the tab through
a stimulus bill passed by Congress last
year. Hope Osborn, a policy analyst with
Texas 2036, a nonprofit organisation,
has argued that spending federal funds
on a onetime expansion of air condi
tioning is shrewder than continuing a
heated “loop of litigation” with prisoners
and their families.
Airconditioninginprisons
Cruel and unusual punishment
DALLAS
Staff shortages will fan debate about excessive heat in many prisons
Old tech is not cool