Key Insights: COVID-19 in Correctional and Detention Facilities (dated 2021-05-12)

Summary

Key Insights: COVID-19 in Correctional and Detention Facilities, a report of the Pandemic Response Accountability Committee dated May 12, 2021. It summarizes oversight work by the Offices of Inspectors General of the Departments of Justice, Homeland Security and the Interior on steps federal agencies took to prevent the spread of COVID-19 in correctional and detention facilities. The report states that the Department of Homeland Security Office of Inspector General found that 30% of Border Patrol stations (38 of 136 surveyed) reported they were not able to implement social distancing among detained individuals due to limited space, and that 11% of ICE detention facilities reported they did not have capacity to medically isolate detainees with suspected symptoms.

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Pandemic Response
Accountability Committee
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KEY INSIGHTS:
COVID-19 IN
CORRECTIONAL
AND DETENTION
FACILITIES
May 12, 2021

KEY COVID-19 INSIGHTS IN CORRECTIONAL AND DETENTION FACILITIES  |  MAY 12, 2021
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Key Insights: COVID-19 in Correctional and Detention Facilities
The Pandemic Response Accountability
Committee’s recent update to its Top Challenges
for the Pandemic noted that while federal
agencies have always prioritized health and
safety, the COVID-19 pandemic has created
several unique challenges—such as limiting the
transmission of the virus in correctional and
detention facilities maintained and operated
by the Departments of Justice, Homeland
Security, and the Interior. This report summarizes
oversight work from those Offices of Inspectors
General related to the steps these federal
agencies have taken to prevent the spread
and mitigate the impact of COVID-19 on their
staff and the individuals housed in federal
correctional and detention facilities.
Throughout this report you will see reference numbers
that align to references in Appendix B, which lists
corresponding reports. Click on the corresponding link for
more information about a particular finding or example.
Facilities Were Not Designed for Social
Distancing, Quarantine, or Medical
Isolation
Correctional and detention facilities
implemented a variety of strategies to promote
social distancing, such as increasing space
between people in lines,1 staggering recreation
or mealtimes,2 pausing or modifying group
activities,3 limiting inmate movement outside of
housing units,4 and creating makeshift housing
Correctional and detention facilities present unique
challenges in preventing and controlling the spread of
COVID-19. When compared to the general population,
a disproportionate number of COVID-19 outbreaks and
deaths occur in jails, prisons, and detention facilities
across the country. The Centers for Disease Control and
Prevention (CDC) has noted that the confined nature
of correctional and detention facilities, combined
with their congregate environments, heightens the
potential for COVID-19 to spread once introduced
into a facility. Individuals typically eat, sleep, and
participate in activities in close proximity to one another
in these facilities, which can include custody, housing,
healthcare, food service, education, recreation, and
workplace components in a single physical setting.
Considering the increased risk presented by these
congregate settings, several Offices of Inspectors
General have published reports on how federal agencies
have handled the COVID-19 pandemic in correctional
and detention environments. Common issues identified
across this oversight work include challenges of
physical layout, capacity, staffing, guidance, consistency
in mitigation efforts across facility types, and safe
transport of inmates and detainees.
areas to allow for more space.5 However, social
distancing in these facilities is often limited by
the physical layout of the facilities themselves.
For example, the minimum and low security
facilities in the Federal Bureau of Prisons
(BOP) tend to have open dormitory housing,
which often consists of a large room with
rows of bunk beds, with or without partitions,
and shared restrooms and common areas.6
Social Distancing
Medical Isolation
Quarantine
The practice of increasing the space
Separating an individual
Separating individuals who
between individuals and decreasing
with confirmed or
have had close contact with
their frequency of contact to reduce
suspected COVID-19
someone with COVID-19
the risk of spreading a disease
to prevent contact with
to determine whether they
(ideally to maintain at least six feet
others and to reduce the
develop symptoms or test
between all individuals).
risk of transmission.
positive for the disease.

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Similarly, detainees in U.S. Immigration and
Customs Enforcement (ICE) facilities are housed
together in dorm-like pods of as many as 50 to
75 detainees.7 U.S. Customs and Border Patrol
(CBP) facilities, which have a limited number of
holding cells meant to accommodate multiple
individuals segregated by age, gender, or family
status, also have challenges maintaining social
distancing.8 The Department of Homeland
Security (DHS) Office of Inspector General
(OIG) found that 30% of Border Patrol stations
(38 of 136 surveyed) and 5% of Office of Field
Operations ports of entry (16 of 307 surveyed)
reported they were not able to implement social
distancing among detained individuals due
to limited space in holding areas.9 Even if the
physical layout of facilities allowed for social
distancing, it was sometimes difficult to enforce
social distancing policies among individuals.
In one ICE detention facility, the OIG observed
several instances of detainees grouped together
in close proximity.10
At some correctional and detention facilities,
there are concerns surrounding the ability
to quarantine or medically isolate inmates
and detainees.a DHS OIG found that the
largest concern for Border Patrol station staff
was the physical limitation of their facilities to
quarantine or isolate detained individuals.11
DHS OIG further noted that 11% of ICE detention
facilities reported that they did not have capacity
to medically isolate detainees with suspected
COVID-19 symptoms.12 The Department of
Justice (DOJ) OIG’s inspections also observed
similar challenges in this area. For example, as
COVID-19 spread throughout two facilities in
the Butner Federal Corrections Complex, these
facilities were not able to quarantine all inmates
meeting the criteria for quarantine, which was
largely due to space availability issues.13
Photos: Left: An open dormitory housing unit at Lompoc Federal Correctional Complex.
Right: A partitioned open dormitory housing unit at Coleman Federal Correctional Complex.
Source: BOP, with DOJ OIG enhancement.
a The Centers for Disease Control and Prevention guidance
(2) isolate individuals with suspected COVID-19, and (3)
recommends that facilities have three separate physical
quarantine close contacts of those with confirmed or
areas to (1) isolate individuals with confirmed COVID-19,
suspected COVID-19.

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COVID-19
INMATES & DETAINEES
BY THE NUMBERS
Active cases include inmates with a lab-confirmed
and open case of COVID-19 who have not recovered
or died. Recovered cases do not include those
inmates who recovered but were released or moved
to another facility.
Total inmates and detainees align with those totals
identified in Appendix A (from January and
February 2021).
BUREAU OF
PRISONS
151,700
inmates
U.S.
MARSHALS
SERVICE
64,300
inmates
BUREAU
OF INDIAN
AFFAIRS
336
inmates
852
46,926
225
Active Cases
Recovered
Deaths
(As of March 7, 2021)
949
10,877
30
Active Cases
Recovered
Deaths
(As of March 7, 2021)
145
1,005
0
Positive Tests
Tested
Deaths
(As of March 13, 2021)
359
9,840
9
Active Cases
Total Cases
Deaths
(As of March 10, 2021)
CBP does not maintain publicly available information
regarding undocumented aliens in custody.
U.S.
IMMIGRATION
& CUSTOMS
ENFORCEMENT
14,300
detainees
Varied Agency Efforts to Reduce the
Population in Custody
The size of the inmate or detainee population
can limit a facility’s ability to implement COVID-19
mitigation efforts, and several federal programs
sought options to alleviate the total number
of individuals assigned to congregate custody
settings. The Department of the Interior (DOI)
OIG’s survey of Indian Country detention facilities
found that 24% of responding facilities (14
of 59) reported overcrowding; one way these
facilities tried to reduce overcrowding during
the pandemic was by working with tribal courts
to amend sentences or grant early release or
home confinement for inmates charged with
certain nonviolent crimes.14 CBP, ICE, and the
BOP also took steps to decrease their detained
or incarcerated populations during the pandemic.
Under the Coronavirus Aid, Relief, and Economic
Security (CARES) Act and Attorney General
authorization, the BOP transferred some of the
eligible inmates from prison to home confinement,
although DOJ OIG inspection reports found that
the BOP could have leveraged these authorities
more than it did. CBP expelled inadmissible
migrants back to their home countries under Title
42, Section 265 of the U.S. Code, which allowed
the Government to suspend the introduction
of individuals from foreign countries to prevent
the spread of communicable disease.15 ICE
reported releasing detainees for reasons related
to COVID-19, as well as temporarily adjusting its
enforcement posture to focus on public safety
risks and individuals subject to mandatory
detention for criminal violence.16

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The Pandemic Has Exacerbated
Longstanding Staffing Challenges
Longstanding staffing shortages at
correctional and detention facilities, which
were exacerbated by the pandemic, impeded
the ability of some facilities to respond to
COVID-19. Healthcare and correctional
staffing shortages made it difficult for some
BOP institutions to fully implement strategies
to mitigate the spread of COVID-19 while also
providing routine medical care to inmates.18
DOI OIG similarly found that COVID-19
exacerbated already low staffing levels at
Indian Country detention facilities and limited
staff’s ability to focus on security measures.19
In addition, DHS OIG reported decreases
in staff availability as a result of COVID-19
related staff absences at Border Patrol
Stations, Office of Field Operations (OFO) Ports
of Entry, and ICE detention centers.20 Although
the BOP, CBP, and ICE reported the use of
strategies such as overtime and temporary
assignment of staff from other facilities to
alleviate staffing challenges,21 staff survey
respondents from these agencies expressed
concern about continued shortages.22
Transporting Inmates and Detainees
Presented Risk
In response to the pandemic, correctional
and detention facilities operated by the BOP,
U.S. Marshals Service (USMS),23 Bureau of
Indian Affairs (BIA),24 and ICE25 limited inmate
facility transfers. However, BIA staff survey
responses found that fewer Indian Country
detention facilities implemented screening for
b PRAC, Federal COVID-19 Testing Report: Data Insights
from Six Federal Health Care Programs, January 14, 2021.
transferred or released inmates compared to
screenings for incoming inmates and staff.26
Additionally, DOJ OIG inspection reports
identified incidents at two BOP institutions in
which staff transported sick inmates to local
hospitals without wearing the appropriate
personal protective equipment (PPE),
which potentially contributed to the spread
of COVID-19 at one of these institutions.27
BOP inmates in residential reentry center
(RRC) custody also present risk of exposure
concerns, as they must rely on the use of
public, commercial, or personal transportation
when they first report to RRC custody or attend
outside appointments for purposes including
medical care.28 The DOJ OIG found that prior
to transporting prisoners out of a facility,
the USMS generally did not test prisoners
for COVID-19, and consequently could not
be sure that a prisoner being moved was
COVID-19 free.29 The USMS later implemented
a program to test prisoners prior to transfer
and continues to work to expand testing.30
The DOJ OIG also found that, particularly
at the onset of the pandemic, the BOP had
limited testing capacity that affected its ability
to address COVID-19 outbreaks at some of
its facilities but increased its capabilities
beginning in summer 2020.b
Guidance and Oversight Vary by
Facility Type
Some facilities housing federal prisoners
and detainees are controlled directly by the
federal agencies themselves; however, many
others are operated by tribal governments,
private contractors, and state or local

KEY COVID-19 INSIGHTS IN CORRECTIONAL AND DETENTION FACILITIES  |  MAY 12, 2021
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entities operating under intergovernmental
agreements (IGA). Due to the terms of the
contracts and agreements, agencies have
different levels of guidance and oversight,
depending on the type of facility. This results
in some variance in governing guidance
and COVID-19 protocols affecting those in
federal custody and limits the ability of federal
agencies to identify areas of concern, propose
changes, and implement corrective actions.
DHS OIG reported that some COVID-19
guidance from ICE is only applicable to
dedicated facilities (i.e., detention facilities
that house only ICE detainees) and facilities
with ICE Health Services Corps staff, while
non-dedicated facilities and those without ICE
Health Services Corps staff are not required
to comply.31 Similarly, DOJ OIG reported
that USMS IGA facility agreements do not
grant the USMS authority to manage the
operations or policies of IGA facilities, nor
impose consequences if any USMS requests
or recommendations are not implemented.
However, if a facility fails to take corrective
actions and the deficiency persists, the USMS
can reduce or cease its use of the facility
depending on the nature of the deficiency.32
DOJ OIG’s inspections of two residential
reentry centers found that the BOP guidance
was often silent on key issues for RRCs, and
often deferred to the RRC contractors for
operational decisions related to COVID-19.33
In contrast, DOI OIG found that the BIA
provided guidance and COVID-19 screening
tools to all Indian Country detention facilities,
including those owned and operated by tribal
governments.34

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Acronyms
BIA
Department of the Interior, Bureau of Indian Affairs
BOP
Department of Justice, Bureau of Prisons
CARES Act
Coronavirus Aid, Relief, and Economic Security Act
CBP
Department of Homeland Security, Customs and Border Protection
DHS
Department of Homeland Security
DOI
Department of the Interior
DOJ
Department of Justice
ICE
Department of Homeland Security, Immigration and Customs Enforcement
IGA
Intergovernmental Agreement
OFO
Office of Field Operations
OIG
Office of Inspector General
PRAC
Pandemic Response Accountability Committee
USMS
U.S. Marshals Service

KEY COVID-19 INSIGHTS IN CORRECTIONAL AND DETENTION FACILITIES  |  MAY 12, 2021
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Appendix A:
Summary of Corrections and Detention Programs Included in Relevant Offices of
Inspectors General Work
Inmate or Detainee
Agency
Type of Facilities
Number of Facilities
Population
Short-term holding facilities housing
• 136 Border Patrol
Department of
inadmissible migrants pending release,
Homeland Security
Stations
Approximately
removal, or transfer to ICE or U.S.
(DHS), U.S. Customs
850
• 311 Office of Field
Department of Health and Human Services
and Border
Operations ports of
(January 2021)
for long-term detention or supervision of
Protection (CBP)
entry
unaccompanied children
Detention facilities that house exclusively
DHS, U.S.
ICE detainees (dedicated facilities) or both
• 165 non-dedicated
Approximately
Immigration
ICE detainees and other individuals such
facilities
14,300
and Customs
as state or local inmates (non-dedicated
• 31 dedicated facilities
(February 2021)
Enforcement (ICE)
facilities)
• 23 BIA operated and
Detention facilities funded and operated by
funded facilities
BIA; operated by tribal governments with BIA
336
Department of the
funding provided under Pub. L. No. 93-638
• 63 tribally operated
(February 25, 2021,
Interior, Bureau of
contracts or self-governance compacts; or
and BIA funded
BIA operated and funded
Indian Affairs (BIA)
funded and operated by tribal governments,
facilities
facilities)
that house individuals sentenced in tribal
• 10 tribally operated
court
and funded facilities
• 122 federal
Federal institutions operated by BOP;
institutions
Department of
contract prisons; and residental reentry
Approximately
Justice (DOJ), Bureau
centers (also known as halfway houses)
• 11 contract prisons
151,700
of Prisons (BOP)
housing individuals sentenced
(February 2021)
• 159 residential
in federal court
reentry centers
State and local government
facilities under intergovernmental
agreements, BOP facilities, and contract
• 165 non-dedicated
Approximately
DOJ, U.S. Marshals
facilities housing individuals ordered into
facilities
64,300
Service, (USMS)
custody by a U.S. District Court
• 31 dedicated facilities
(February 25, 2021)
pending acquittal or conviction
and transfer to BOP

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Appendix B:
Relevant COVID-19 Oversight Work
The Department of Homeland Security (DHS), Office of Inspector General (OIG) reviewed detention
programs of the Customs and Border Protection (CBP) and Immigration and Customs Enforcement
(ICE); the Department of the Interior (DOI) OIG reviewed detention programs of the Bureau of
Indian Affairs (BIA); and the Department of Justice (DOJ) OIG reviewed correctional and detention
programs of the Federal Bureau of Prisons (BOP) and the U.S. Marshals Service (USMS). The
information below provides a list of the reports reviewed for the purposes of preparing this insights
report. In addition, the list below includes a reference number that corresponds to a finding
or example highlighted in the report. For example, DOJ OIG’s Remote Inspection of Brooklyn
House Residential Reentry Center includes reference numbers of 2, 28, and 33. These numbers
correspond to the reference numbers in the body of this report that can be found at the end of the
sentence. While not all OIG reports were cited directly in this insights report, all of the reports listed
below helped to inform the trends and issues discussed. (The links below navigate to PDFs).
Agency
Dept.
Report (PDFs)
Related References
DOJ OIG
BOP
Remote Inspection of Contract Correctional Institution Dalby
1
DOI OIG
BIA
The Bureau of Indian Affairs’ Coronavirus Response at Indian Country
Detention Facilities
1, 2, 3, 14, 19, 22, 24,
26, 34
DOJ OIG
BOP
Remove Inspection of Brooklyn House Residential Reentry Center (RRC)
2, 28, 33
DOJ OIG
BOP
Remote Inspection of Federal Correctional Institution (FCI) Milan
3, 6, 18
DOJ OIG
BOP
Remote Inspection of Federal Correctional Complex (FCC) Tucson
4, 6
DOJ OIG
BOP
Remote Inspection of FCI Terminal Island
5, 6
DOJ OIG
BOP
Remote Inspection of FCC Coleman
6
DOJ OIG
BOP
Remote Inspection of FCC Lompoc
6, 18
DHS OIG
ICE
Early Experiences with COVID-19 at ICE Detention Facilities
7, 12, 20, 21, 22, 25,
31
DHS OIG
CBP
Early Experiences with COVID-19 at CBP Border Patrol Stations and OFO
Ports of Entry
8, 9, 11, 15, 20, 21,
22
DHS OIG
ICE
Violations of Detention Standards Amid COVID-19 Outbreak at La Palma
Correctional Center in Eloy, AZ
10
DOJ OIG
BOP
Remote Inspection of FCC Butner
13
DOJ OIG
BOP
Remote Inspection of Metropolitan Detention Center Brooklyn
18, 21
DOJ OIG
BOP
Remote Inspection of FCC Oakdale
18, 21, 27
DOJ OIG
BOP
Remote Inspection of Federal Medical Center Fort Worth
21
DOJ OIG
USMS
Review of USMS’s Response to the COVID-19 Pandemic
23, 29, 30, 32
DOJ OIG
BOP
Remote Inspection of Toler House RRC
28
DOJ OIG
BOP
Remote Inspection of Contract Correctional Institution McRae
DOJ OIG
BOP
Remote Inspection of Contract Correctional Institution Moshannon Valley
DOJ OIG
BOP
Remote Inspection of FCC Pollock
DOJ OIG
BOP
Remote Inspection of Metropolitan Correctional Center Chicago
DHS OIG
ICE
Violations of ICE Detention Standards at Pulaski County Jail

KEY COVID-19 INSIGHTS IN CORRECTIONAL AND DETENTION FACILITIES  |  MAY 12, 2021
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Appendix C:
Methodology
The purpose of this insights report is to identify key themes or common challenges found during
oversight activities completed by Offices of Inspectors General related to correctional and detention
facilities. The list of reports reviewed by the PRAC for inclusion in this report can be found in Appendix
B. All work completed for this insights report complies with the Council of the Inspectors General on
Integrity and Efficiency’s Quality Standards for Federal Offices of Inspectors General, which require that
the work adheres to the professional standards of independence, due professional care, and quality
assurance to ensure the accuracy of the information presented.
The Offices of Inspectors General at the Departments of Justice, Homeland Security, and the Interior
completed the following steps, among other oversight activities, to conduct their reviews of the
correctional and detention facilities.
Examples
of Oversight
Techniques Used
•
Surveys
•
Phone Interviews
•
Document Reviews
•
Data Analysis
•
Photograph Reviews
Survey
Survey
Facilities
Invitations
Responses
Reviewed
43,493
12,598
1,763

KEY COVID-19 INSIGHTS IN CORRECTIONAL AND DETENTION FACILITIES  |  MAY 12, 2021
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POINTS OF CONTACT
PRAC
Brooke Holmes, Associate Director of Oversight and Accountability
Brooke.Holmes@cigie.gov
Department of Justice, Office of Inspector General
Stephanie Logan, Senior Public Affairs Specialist
Stephanie.Logan@usdoj.gov
Department of Homeland Security, Office of Inspector General
Anthony Sanganetti, COVID-19 Program Manager
Anthony.Sanganetti@oig.dhs.gov
Department of the Interior, Office of Inspector General
Chris Stubbs, Director, Office of Financial and Contract Audits
Christopher_Stubbs@doioig.gov
REPORT FRAUD, WASTE, ABUSE, AND MISMANAGEMENT
To report allegations of fraud, waste, abuse, or misconduct
regarding funds or programs covered within the following Acts,
please go to the PRAC website at PandemicOversight.gov.
CARES Act
Paycheck Protection Program and Health Care
Enhancement Act
Families First Coronavirus Response Act
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Coronavirus Preparedness and Response
A Committee of the Council
of the Inspectors General for
Supplemental Appropriations Act
Integrity and Efficiency
Coronavirus Response and Relief Supplemental
Appropriations Act, 2021
@COVID_Oversight
American Rescue Plan Act of 2021

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