Department of Corrections Must Improve Nutrition for Incarcerated Residents

Chairperson Pinto and members of the Committee, thank you for the opportunity to testify. My name is Michael Johnson, and I am a Senior Policy Analyst with the DC Fiscal Policy Institute (DCFPI). DCFPI shapes racially-just tax, budget, and policy decisions by centering Black and brown communities in our research and analysis, community partnerships, and advocacy efforts to advance an antiracist, equitable future.

DCFPI applauds the DC Council for taking steps to improve conditions within the Department of Corrections (DOC). Ongoing efforts to construct a new jail facility, improve health services, and expand academic supports are critical steps to enhance living conditions for residents incarcerated in DOC.¹ DCFPI also commends the Council for including provisions to improve nutritional standards and hospitality training opportunities for people incarcerated in DOC via Section 32 of the Secure DC Omnibus Amendment Act of 2024 (“Secure DC”) passed last year. However, because the Council did not allocate funding to Section 32 of Secure DC in fiscal year (FY) 2025, the DOC has not implemented these improvements yet.

My testimony focuses on the continued need to improve nutritional options for residents in DOC facilities. Specifically, to dedicate funding for the full implementation of Section 32 of Secure DC. In addition, the Council should also work with the DOC to improve utilization of the Resident Welfare Fund (RWF).

Improve Nutrition for Residents Incarcerated in the DOC

Everyone should have access to food that meets their dietary needs, yet the DOC has failed to provide access to nutritious and fresh food to individuals incarcerated in DC Jails. According to the 2023 DC Greens survey of over 300 people incarcerated at the DC Jail, respondents overwhelmingly described negative experiences with the food provided by the DOC.² Of those surveyed, over 70 percent responded that the DOC served them spoiled or rotten food during their incarceration. Due to the poor quality of food, survey respondents reported regularly skipping meals, going to bed hungry, or using commissary items to feel full. Additionally, nearly 90 percent expressed that the DOC rarely or never served them fresh fruit, and nearly three out of four respondents shared that they were rarely served fresh vegetables.

Numerous government agencies have extensively documented the inhumane food quality provided by the DOC, including the US Marshalls Service’s (USMS) 2021 inspection.³ Among many other issues, the USMS documented that the DOC regularly held food at improper temperatures and DOC staff restricted food and water from inmates for punitive reasons.⁴ Similarly, a 2017 inspection by the DC Auditor and Department of Health reported that the DOC and Aramark—the DOC’s food contractor—inadequately cleaned food and non-food surfaces and failed to prevent pests from contact with food.⁵

For the over 90 percent of Black people comprising the DOC population, who primarily come from communities where access to nutritious food is already limited, the lack of healthy food options in the DOC exacerbates current and historical health inequities.⁶ Nutritional deficiencies are linked to increased levels of anxiety, depression, violence, and declines in physical health. This aligns with the DC Greens survey, which found that 80 percent of individuals reported experiencing declines in their physical wellbeing because of the food provided by DOC.⁷

The Office of the Chief Financial Officer estimates that implementation of Section 32 of SECURE DC will cost just over $4.2 million annually and DCFPI, along with the Fair Budget Coalition, and Jail Food Working Group strongly recommends the Council dedicate the funding needed to fully implement this component of the law.

Improve Utilization of the Resident Welfare Fund

This committee should also improve DOC’s implementation of the RWF, which is intended to improve living conditions for individuals confined in DC Jails and support their return home. RWF funding comes from commissary profits, and DOC can use RWF dollars to restock the DOC’s commissary and “provide goods and services that benefit the general resident population at District correctional facilities, as determined by the Resident Welfare Fund Committee.” As a non-lapsing fund, revenue deposited into the RWF can carry over from year-to-year. However, since FY 2021, the DOC has increasingly left RWF revenues unspent, rather than spending these funds on needed services for people incarcerated in DC Jails, undermining the goals of the program.

For example, in FY 2021, the end of year balance for the RWF was just under $72,000 compared to $473,000 by FY 2024—a five-fold increase that the DOC allowed to accumulate. ^8,9 Additionally, even when DOC is using RWF funds, data shows that the expenditures are decreasingly focused on providing services to support individuals incarcerated during their incarceration and upon their release. In FY 2021, DOC used nearly 95 percent of RWF expenditures to provide educational supports for individuals during their incarceration and to support reentry services for those nearing release.¹⁰ In FY 2023, the DOC reported spending less than 1 percent of available RWF funding–or, $1,500–for professional service fees .¹¹ And in FY 2024, DOC allocated 35 percent of RWF expenditures to administrative and IT-related costs—expenses that should be funded with Local Fund dollars—and used the remaining 65 percent expenditures on recreational equipment.¹²

Each year, the DOC collects around $2 million from commissary purchases alone–most of which come from the families of individuals incarcerated.¹³ Although there is no DC-specific data, families of people incarcerated are estimated to spend $1.6 billion annually on commissary purchases nationally.¹⁴ Given RWF funding comes directly from people who are incarcerated, they should have a say in how the DOC uses the funds. Currently, a five member committee comprised entirely of DOC officials, or their representatives, determines RWF spending.¹⁵ The Council should revise the DC Code to include representation of currently incarcerated individuals, require DOC to report on why underspending is occurring, and also work with the DOC to provide opportunities for incarcerated residents to participate in public hearings moving forward.