Efforts to keep COVID-19 out of prisons fuel outbreaks in county jails
When Joshua Martz tested positive for COVID-19 this summer in a Montana jail, guards moved him and nine other inmates with the disease into a pod so cramped that some slept on mattresses on the floor.
Martz, 44, said he suffered through symptoms that included achy joints, a sore throat, fever and an unbearable headache. Jail officials largely avoided interacting with the COVID patients other than by handing out over-the-counter painkillers and cough syrup, he said. Inmates sanitized their hands with a spray bottle containing a blue liquid that Martz suspected was also used to mop the floors. A shivering inmate was denied a request for an extra blanket, so Martz gave him his own.
“None of us expected to be treated like we were in a hospital, like we’re a paying customer. That’s just not how it’s going to be,” said Martz, who has since been released on bail while his case is pending in court. “But we also thought we should have been treated with respect.”
The overcrowded Cascade County Detention Center in Great Falls, where Martz was held, is one of three Montana jails experiencing COVID outbreaks. In the Great Falls jail alone, 140 cases have been confirmed among inmates and guards since spring, with 60 active cases as of mid-september.
By contrast, the Montana state prison system has the second-lowest infection rate in the nation, according to the COVID Prison Project. No confirmed coronavirus cases have been reported at the men’s prison out of 595 inmates tested. The women’s prison had just one confirmed case out of 305 inmates tested, according to Montana Department of Corrections data.
One reason for the high COVID count in jails and the low count in prisons is that Montana for months halted “county intakes,” or the transfer of people from county jails to the state prison system after conviction. Sheriffs in charge of the county jails blame their outbreaks on overcrowding partly caused by that state policy.
Restricting transfers into state prisons is a practice that’s also been instituted elsewhere in the U.S. as a measure to prevent the spread of the coronavirus. Colorado, California, Texas and New Jersey are among the states that suspended inmate intakes from county jails in the spring.
But it’s also shifted the problem. Space was already a rare commodity in these local jails, and some sheriffs see the halting of transfers as giving the prisons room to improve the health and safety of their inmates at the expense of those in jail, who often haven’t been convicted.
The Cascade County jail was built to hold a maximum of 372 inmates, but the population has regularly exceeded that since the pandemic began, including dozens of Montana Department of Corrections inmates awaiting transfer.
“I’m getting criticized from various judges and citizens saying, ‘Why aren’t you quarantining everybody appropriately and why aren’t you social-distancing them?’” Cascade County Sheriff Jesse Slaughter said. “The truth is, if I didn’t have 40 DOC inmates in my facility I could better do that.”
Unlike convicted offenders in state prisons, most jail inmates are only accused of a crime. They include a disproportionately high number of poor people who cannot afford to post bail to secure their release before trial or the resolution of their cases. If they do post bail or are released after spending time in a jail with a COVID outbreak, they risk bringing the disease home with them.
Andrew Harris, a professor of criminology and justice studies at the University of Massachusetts Lowell, said he finds it troubling that more attention is not paid to the conditions that lead to COVID outbreaks in jails.
“Jails are part of our communities,” Harris said. “We have people who work in these jails who go back to their families every night, we have people who go in and out of these jails on very short notice, and we have to think about jail populations as community members first and foremost.”
Some states have tried other ways to ensure county inmates don’t bring COVID-19 into prisons. In Colorado, for example, officials lifted their suspension on county intakes and are transferring inmates first to a single prison in Canon City, Department of Corrections spokesperson Annie Skinner said. There, inmates are tested and quarantined in single cells for 14 days before being relocated to other state facilities.
Outbreaks are also occurring in county jails in states that never stopped transferring inmates to state prison. Several jails in Missouri have experienced significant outbreaks, with Greene County reporting in mid-august that 83 inmates and 29 staffers had tested positive. Missouri Department of Corrections spokesperson Karen Pojmann said the state never opted to stop transfers from county jails, likely because of a robust screening and quarantine procedure implemented early in the pandemic.