Steven Chanenson and Jordan Hyatt: Vaccine decisions for the incarcerated
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After a powerful fall resurgence, covid-19 has left no aspect of life untouched, including in Pennsylvania’s state prisons and county jails. Now that the first shots have been given, doctors, ethicists and politicians have begun to consider who should be vaccinated next and in what order this should happen. One group that is high on some lists and low on others is individuals in custody. How we respond to these tensions — and the way we allocate scarce treatments among at-risk groups — will shed light on who we are as Pennsylvanians.
Public health decisions, especially in the middle of a global pandemic, cannot become a new form of punishment. Our correctional policy should be driven by pragmatic science and reflect our defining ideals. In doing so, incarcerated people should not be denied the opportunity to receive the vaccine. If we do otherwise, we endanger both our communities and our collective character.
From a practical perspective, we must treat incarcerated people like any other group when setting vaccine priorities. This reflects reality: Prisons have become hot spots of infection, and danger abounds for people living and working on both sides of the bars.
Are we prioritizing people living in confined group settings like nursing homes? Prisons share or exceed those kinds of risk factors. Are we prioritizing older people? Nearly 25% of Pennsylvania’s prison population is classified as elderly. Are we trying to prioritize people with underlying health conditions? Prison health care is a perennial challenge, and many incarcerated people suffer from long-term medical issues.
Covid-19 that happens in prison does not stay in prison. Even with restrictions on visits and outside programming, prison staff move in and out of those facilities every day. Prioritizing correctional professionals and those they supervise along the same lines we do for people outside the criminal justice system will give society the same kinds of benefits. It may help to shut down vectors of infection that can spread far beyond the prison walls.
Criminal sentencing in Pennsylvania focuses on making sure that the punishment is proportionate to the crimes that were committed, as well as pursuing additional goals like protecting the public from potentially dangerous individuals, deterring other people from committing crimes and encouraging the rehabilitation of defendants. The Pennsylvania Commission on Sentencing creates guidelines to help judges impose punishments that meet these goals. The complex calculations of sentencing consider several factors, including the nature of the offense as well as the individual’s criminal history and personal circumstances.
While we cannot — and should not — ignore our collective self-interest, we should also act on our broader principles. Pennsylvania’s policymakers should establish vaccine distribution procedures that recognize incarcerated people remain part of our society. Most incarcerated people will return to the community, some sooner than others.
Despite having been accused or convicted of breaking the law, incarcerated people are uniquely vulnerable and lack the ability to protect themselves that the rest of us enjoy. How we treat them will serve as a mirror, reflecting a stark image of our strengths and fears back at us all. We can then ask — and answer — who are we and what do we stand for?
The ongoing covid-19 crisis presents an opportunity to test our collective character; we must not fail.
Steven Chanenson is a professor of law and the faculty director of the David F. and Constance B. Girard-diCarlo Center for Ethics, Integrity and Compliance at the Villanova University Charles Widger School of Law. He is also the former chair of the Pennsylvania Commission on Sentencing. Jordan Hyatt is an associate professor of criminology and justice studies and director of the Center for Public Policy at Drexel University.