Half of states fail to require mask use by correctional staff

States are not reducing their populations sufficiently to slow the spread of COVID-19, and our survey reveals that 20 states are not even requiring masks to be worn by staff and most are not requiring incarcerated people to wear them.

by Emily Widra and Tiana Herring, August 14, 2020

The best way to slow the spread of COVID-19 in state prisons is to reduce the population density, but as we’ve found, states are moving far too slowly in this regard. In this new analysis, we find that states are also failing at the most modest mitigation efforts imaginable: requiring correctional staff and incarcerated people to wear masks.

Almost all states¹ are distributing masks to staff and incarcerated people,² but only half of all states are requiring that staff wear the masks at work. We examined the policies of each state’s Department of Corrections to see which states are requiring masks for staff.

30 states currently require correctional facility staff to wear face masks, while 20 states and the District of Columbia do not. Map updated on August 24, 2020 following a report from the South Carolina Department of Corrections that they are requiring staff to wear masks, although no policy requiring masks is available to the public. (Data collected by the Prison Policy Initiative from Departments of Corrections policies and news reports.)

Just because states require the use of masks by staff does not mean that the policy is adequately enforced. There have been a number of reports from incarcerated people that correctional staff have not been wearing masks appropriately when interacting with those who are in custody. In Arkansas, masks are required for staff, but an internal email from the state’s highest corrections official to the wardens of each prison in the state reveals that “hospitals are not wanting to treat our inmates because our staff are not following the [mask] guidelines that we are sending out.”³

Of course, even in states where masks are not required by correctional policy, staff can choose to wear them. But reports from incarcerated people and their families suggest this is wishful thinking. For example, in New Jersey — a state where the COVID-19 pandemic hit prisons early and hard — staff are not required to wear masks and reports from inside say that many staff are not wearing masks.⁴

As we all know by now, the federal government’s February guidance discouraging masks quickly proved to be misguided, and the most current research makes it even clearer that masks benefit both the wearer and everyone else.

Wearing masks protects the public:

• In states that only required certain employees to wear masks, there was no effect on the county-level daily COVID-19 growth rate, but requiring everyone to wear masks results in a significant decline in infections.
• Face masks have driven down rates of overall COVID infections, as seen in hospital settings, hair salons, and on cruise ships.
• Beyond COVID, masks have long been known to reduce the likelihood of transmission of epidemic respiratory illnesses. This is particularly true in community-living settings like dense prisons.

Masks protect the individuals who wear them:

• Wearing a mask reduces the likelihood of contracting COVID-19.
• Even if you still contract COVID-19 while wearing a mask, the disease is more likely to be mild or even asymptomatic.⁵

Requiring correctional staff to wear face masks is just commonsense: staff are responsible for most day-to-day movement in and out of prisons (and are therefore most likely to carry the virus in and out of them) and they are state employees who must adhere to state regulations and requirements. But states should not stop with mandating masks for staff; they should be requiring everyone in the facility to wear masks.
The obvious implication of the science behind using masks is that the more people who wear masks, the slower the virus will spread. Yet while 27 states require correctional staff to wear masks, only 15 state prison systems require incarcerated people to wear masks.⁶

15 states currently require incarcerated people to wear face masks, while 35 states and the District of Columbia do not. Strangely, Illinois is the only state that appears to require incarcerated people wear masks, but does not require the same for staff. Map updated on August 24, 2020 following a report from the South Carolina Department of Corrections that they are requiring incarcerated people to wear masks, although no policy requiring masks is available to the public. (Data collected by the Prison Policy Initiative from Departments of Corrections policies and news reports.)

The fact that far fewer states require incarcerated people to wear masks than correctional staff may reflect some reluctance to create conflict with incarcerated people over potential enforcement issues. (A more cynical view might interpret this hands-off approach as a callous lack of concern about incarcerated people’s lives and health.) But if correctional agencies care about protecting incarcerated people and staff, they could craft policies that reward those who wear masks, instead of policies that threaten disciplinary action for non-compliance.

We know that reducing the number of people behind bars is the best way to slow the spread of COVID-19 through prisons, jails, and their surrounding communities, but this analysis finds that many states are not even practicing the most basic preventative measure: requiring face masks in prisons, just as they are required by many states in other public spaces. State prison systems need to catch up before it’s too late.

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