The Human Rights Law Centre - Explainer: Prisons and COVID-19

Australia and the world face a public health emergency in coronavirus (COVID-19), but little has been said about the people in our prisons and youth detention centres.

Why do we need to reduce the number of people in prison?

In order to slow the spread of COVID-19, so that it doesn’t overburden our health system, the Australian Government and health experts have recommended that we use the most effective measure to help ‘flatten the curve’: social distancing.

Social distancing is, however, impossible in prisons. The very nature of prisons means that people are in close proximity to others at all times, so separating sick people from well people to prevent the spread of the disease is totally unworkable. This makes prisons the perfect breeding ground for COVID-19 and once one person is infected on the inside, it would spread like wildfire throughout the prison system.

What are the consequences of COVID-19 getting into prisons?

The consequences of an outbreak of COVID-19 in Australian prisons will be devastating. People in prison are at great risk of harm and even death should they contract COVID-19. Almost one-third of people entering prison have a chronic medical condition like asthma, cancer, cardiovascular disease, diabetes or live with disability.

Aboriginal and Torres Strait Islander people in prison are also at great risk, noting many suffer higher rates of chronic health issues than non-Indigenous people.

The risk and potential for serious harm is multiplied by the fact our prisons are overcrowded, unhygienic and unhealthy places at the best of times, with limited access to health care and generally poor conditions.

History also tells us that solitary confinement will be deployed as a response to this public health crises in prisons. Subjecting people to this practice will cause long term, irreversible harm and will put people – particularly Aboriginal and Torres Strait Islander people – at greater risk of dying in custody because they will not be able to easily alert staff if they develop symptoms of COVID-19, or if their condition worsens.

It will also be an ineffective means of containing the spread of COVID-19 because it does not solve the issue of the daily churn of people being funnelled through the criminal legal system, nor does it address the daily influx of staff going in and out of prisons.

What are the consequences for the broader community?

The risk of COVID-19 spreading extends to the broader community, as people churn through the prison system on a daily basis. Many people come and go from prisons including prison staff, contractors, health professionals and educators. As a result, there is ample opportunity for COVID-19 to enter a prison, and for it to go back out into the community.  

A responsible government would take urgent steps to reduce the number of people in the prisons and stem the tide of those coming into the legal system as part of their response to this unprecedented public health emergency. A coordinated and structured release must occur as soon as possible – before infections in prison occur – to safeguard everyone.

How do we reduce the number of people in prison?

In order to prevent the potential mass spread and incalculable harm should COVID-19 get into prisons, Governments across the country must take emergency measures to reduce the numbers of people in prisons, including those most at risk of serious harm from COVID-19. This can be done by:

1. Granting leave to those most at risk of COVID-19, including elderly people and people with chronic health conditions, disability and mental health conditions (with Aboriginal and Torres Strait Islander people to be prioritised in this process given they are over-represented in prisons and have higher rates of chronic health issues);

2. Granting early release to people in prison who are close to the end of their sentence, which states across the USA have done;

3. Granting parole or leave to people in prison who have been convicted of low level offending and who pose a low risk to the community if released;

4. Granting parole or leave to children and young people, so that they can be with, and supported by, their families during this public health emergency; and

5. Making it more accessible for children, young people and adults on remand – who are yet to be found guilty of any criminal offending and who pose a low risk to the community if released – to access bail.