Incarcerated Lives at Risk: Urgent Need for Disaster Preparedness Post Climate Change

As climate change increasingly threatens communities across the United States, a critical vulnerability in disaster planning has emerged, particularly concerning the nation’s incarcerated population. The harrowing experiences of individuals like Raphael Schwarz, who faced horrific conditions in Orleans Parish Prison during Hurricane Katrina, spotlight a persistent and alarming oversight in disaster preparedness protocols that leave millions at risk. On the eve of Hurricane Katrina in 2005, Schwarz, a 23-year-old arrested for public intoxication, found himself trapped in a flooded prison cell. He was left without food, electricity, or ventilation for four days in toxic water, an experience echoed by many who have been incarcerated during environmental disasters. Tragically, such incidents are not isolated; they reveal a systemic neglect that continues to endanger the lives of the 1.9 million people currently detained in U.S. prisons, jails, and detention centers. Unlike the general public, incarcerated individuals are entirely dependent on officials for their safety during emergencies. With many facilities situated in areas prone to environmental hazards—over 600 jails and prisons exist near toxic sites, and more than 620 are at extreme flood risk—this dependency is particularly alarming given the intensifying effects of climate change. The summer of 2024 broke records as the hottest season globally, yet many detention facilities remain without essential air conditioning, exacerbating health risks for those confined within. As climate change triggers more frequent and severe disasters, the absence of adequate laws protecting those behind bars has become increasingly urgent. Although federal regulations mandate environmental impact assessments for structures like highways and hospitals, prisons and jails do not receive the same scrutiny. This oversight leaves a considerable number of facilities unprepared for emergencies, highlighting a significant gap in the legal framework aimed at safeguarding vulnerable populations. Moreover, post-Katrina reforms have overlooked the rights of incarcerated individuals, focusing instead on the needs of disabled people and pets. According to David Fathi, director of the ACLU’s National Prison Project, “In disaster planning as in everything else, prisoners are an afterthought, if they are thought about at all.” This negligence is compounded by the challenges inmates face in seeking legal recourse; the Eighth Amendment protects individuals from cruel and unusual punishment, yet proving negligence during natural disasters is often nearly impossible, especially given the bureaucratic barriers established by the 1995 Prisoner Litigation Reform Act. The lack of governmental oversight has resulted in inadequate disaster preparedness across the board. A 2022 study revealed that only six states acknowledged incarcerated individuals in their emergency protocols. Many jails and prisons refuse to evacuate, citing logistical obstacles or a misguided belief in their facilities' disaster-proof status, despite evidence of overcrowding and deteriorating conditions. To remedy this situation, the U.S. must prioritize efforts to decarcerate and evacuate individuals during emergencies. Historical precedents exist for such measures; the successful decarceration efforts in response to COVID-19, which resulted in an 11 percent decrease in detention rates, demonstrate that broad-scale release can be effectively implemented. Legislative initiatives like the bipartisan Correctional Facility Disaster Preparedness Act, which would require the establishment of robust emergency plans in federal facilities, are essential steps toward improving safety protocols. In tandem with legislative action, there must be a commitment to enhance conditions within detention centers when evacuation is not feasible. This includes increased funding for necessary infrastructure improvements, such as air conditioning, and expanding the National Environmental Policy Act to include prisons. Additionally, revisiting the stipulations of the Prisoner Litigation Reform Act could make it easier for incarcerated individuals to seek redress when their rights are violated during natural disasters. As climate disasters become a part of everyday life, it is crucial that the U.S. learns from past tragedies like that of Raphael Schwarz. Protecting the rights and safety of those incarcerated is not merely a legal obligation; it intersects profoundly with public health and environmental justice. The time for a comprehensive, humane approach to disaster planning for the incarcerated population is long overdue. Only through swift, decisive action can we hope to prevent future tragedies and uphold the dignity of all individuals, regardless of their circumstances.