Juvenile and criminal justice issues concerning legislators include crime control, prison overcrowding, and inadequate prison funding. Opposing personal views of federal and state legislators may result in different legislative outcomes, so their decisions should be appropriate and supported by relevant evidence. The COVID-19 pandemic is a public health emergency that presented legislators with the choice to either prioritize the problems and risks associated with the virus or strengthen current punishment and rehabilitation policies. The legislator’s personal views and biases may impact the ability to properly assess the risks (Bar-Siman-Tov, 2020). Thus, the main challenge for lawmakers is the dilemma between public health stability and effective crime control during the COVID-19 crisis.
On the one hand, if the legislator is mainly concerned with overcrowding and funding issues, he/she may focus on the restriction of person-to-person interactions in treatment and correctional facilities. According to the National Conference of State Legislatures (NCSL) (2020), the legislator can also expand citation in lieu of arrest and safe release policies for low-level/non-violent crimes and elderly or clinically vulnerable individuals. The measures may help to reduce overcrowding in prisons, prevent the spread of the disease, and decrease federal and state expenses on COVID-19 preventive measures and protective equipment in correctional facilities.
On the other hand, the lawmaker, whose personal views are based on strict crime control, may propose legislation requiring mandatory testing, medical assessment, vaccination, and safety procedures at correctional facilities. Burki (2020) reports that prisons and detention centers in their current state are not ready for COVID-19, so legislation needs to address high infection rates in penal institutions or youth detention centers. Moreover, the NCSL (2020) states that social distancing is difficult due to limited space, while hand sanitizers, soap, and masks are in scarce supply. Therefore, state legislative outcomes may be directed towards temporary transportation bans and suspension of prison visits, and federal legislators can develop national COVID-19 relief and aid policies for juvenile and correctional facilities.
References
Bar-Siman-Tov, I. (2020). Covid-19 meets politics: the novel coronavirus as a novel challenge for legislatures.The Theory and Practice of Legislation, 8(1-2), 11–48. Web.
Burki, T. (2020). Prisons are “in no way equipped” to deal with COVID-19.Lancet, 395(10234), 1411–1412. Web.
National Conference of State Legislatures. (2020). COVID-19 and criminal justice system: A guide for state lawmakers. NCSL. Web.