Decarceration to Combat Public Emergencies: Using COVID-19 Strategies in Anticipation of Climate Catastrophes [Note]

Abstract

This Note examines decarceration strategies used during the COVID-19 crisis and proposes the application of these strategies in regions heavily affected by climate change. Detention centers do not have the resources to respond to public emergencies like climate change and the coronavirus. Extreme weather events such as extreme heat, wildfires, and flooding exacerbate inhumane conditions in detention centers. Recent cases on jail and prison conditions argue that these dangerous conditions violate the Eighth Amendment, but such claims are increasingly difficult to win. During the COVID-19 pandemic, courts, police departments, and other entities worked to decrease the number of people who were incarcerated through strategies like early release and alternatives to incarceration. These policies reduced the number of people in prisons by 16 percent, and so this Note explores the use of these policies in areas with high climate vulnerability. Proactive solutions aimed at reducing the incarcerated population would allow prison systems to better handle extreme weather events while reducing the number of people who are harmed during natural disasters.