Good Evening,
Last week I sent out an update on the Office of the Corrections Ombuds (OCO) recent efforts related to the increasing COVID concerns in the Department of Corrections (DOC) facilities. I am writing tonight with updates on the OCO COVID-related work for this past week.
In addition to the COVID-related update, I also wanted to share that we have received numerous concerns related to Tuberculosis this week. While not COVID-related specifically, I know that this is very concerning to many people, so I wanted to share that I spoke to Sec. Strange about the situation, what DOC is doing to test the exposed individual, and to address the situation. I requested DOC share as much information as they can as soon as they are able to do so. Incarcerated individuals and families are very worried and would like information as soon as possible.
COVID-RELATED CONCERNS DATA
The following data is the total for the COVID-related concerns in the facilities broken out by the types of concerns. These data reflect concerns received by the OCO through hotline calls directly from incarcerated individuals, complaints received through the OCO website, and emails. The following are snapshots of the concerns we have received as of today.
Data by Concern
Data by facility – The following table divides the concerns by facility:
OCO ACTIONS
The OCO is attempting to respond to as many of the concerns raised as possible, as quickly as possible, with our very small staff. In order to prioritize our work, while we are continuing to investigate individual complaints, we are also simultaneously focusing on the issues receiving the most concerns and the facilities with significant issues. These data are a great help to guide our focus.
While we are limited in what we are able to do by statute, the following are some of the things we have been putting into place and actions taken most immediately:
1) Issues across facilities: In order to address these significant systemic-type issues that run across facilities, we are working with DOC to get answers to the issues that are most pressing each week. DOC has agreed to provide a very quick response each week to the questions we are identifying as the most pressing this week and the issues we would like to see resolved.
In addition to the questions sent to DOC last week, the OCO is requesting the DOC response to the following questions which are based on concerns received by the OCO:
a) CDC Guidance for incarcerated individuals states the following:
Incarcerated/detained persons who are fully vaccinated (i.e., ≥2 weeks after receiving the second dose in a two-dose series [Pfizer-BioNTech or Moderna], or ≥2 weeks after receiving a single-dose vaccine [Johnson and Johnson/Janssen]) and do not have symptoms consistent with COVID-19 do not need to quarantine at intake, after transfer, or following exposure to suspected or confirmed COVID-19. Recommendations for Quarantine Duration in Correctional and Detention Facilities | CDC
Based on this guidance, particularly the clarification that the quarantine is not required for fully vaccinated individuals who do not have symptoms following exposure, can DOC clarify if incarcerated individuals who are vaccinated and do not have symptoms are required to quarantine in DOC facilities following exposure to COVID? If there are quarantine requirements, can DOC explain the requirements and how they are consistent with the CDC guidance and/or if there is additional guidance DOC is adhering to in addition to the CDC guidance related to quarantine or isolation?
b) What is the status of DOC’s consideration of allowing Incarcerated Individuals to receive credit of some nature for time spent in quarantine or isolation such as restoration of good conduct time?
c) What is DOC’s current policy and procedure for staff and incarcerated individual testing? How will DOC ensure the incarcerated individuals are promptly provided the results of their tests?
d) What is the DOC plan for addressing the food issues at the facilities? What is the DOC plan for ensuring there is not an excessive wait for food and that hot meals are not cold when provided?
e) What is DOC doing to ensure non-COVID medical services are being provided and ensuring medical appointments are being scheduled?
In addition to these questions, DOC is invited to provide additional information and/or updates to any of the questions previously provided.
2) Issues in specific facilities: While many issues are consistently appearing across facilities, there are also issues that are unique to the individual facilities. For those issues, we are addressing most of these as they arise at the facility level.
The following are a few examples of just some of the things the OCO staff have acted on in approximately the past week. This is not the entire list of cases worked on by the OCO staff; rather, it is representative of the types of issues the staff has been working on related to COVID. In addition to the COVID-related cases, the OCO staff is also continuing to work on non-COVID related concerns as well which are not represented by the following examples.
- DOC staff at AHCC directly reached out to OCO staff with a request for assistance from an incarcerated person on quarantine status who had declared a medical emergency that morning. That day, the OCO staff met personally with incarcerated individual, provided specific self-advocacy information related to their particular concern, and agreed to help facilitate an additional confidential phone conversation with OCO staff.
- The OCO received multiple complaints on the OCO hotline regarding a specific unit at Stafford Creek related to a meal refusal/hunger strike response to their conditions of cluster status confinement. The OCO staff communicated with the facility superintendent. The Superintendent and several other staff went to the unit and spoke with the incarcerated individuals that afternoon. The Superintendent committed to improving the food and obtained permission from headquarters to allow that unit access to yard again.
- The OCO hotline staff received an anonymous complaint from an incarcerated individual at Monroe about concerns related to another incarcerated individual in his unit, specifically related to their health and welfare during the COVID-19 outbreak. The OCO staff promptly raised the concern directly with the Superintendent and Health Services Administrator with a request for assistance. The Superintendent communicated to the OCO staff that individual is under 24/7 observation and is receiving frequent medical and mental health check-ins every day.
- The OCO hotline staff received complaints that tents at WCC did not have heat, running water, or access to toilets on January 25th. This concern was raised directly with the superintendent. The following day, on January 26th, the OCO staff conducting an onsite facility visit at WCC confirmed the following: heating is available and working with the temperature set between 72-78 degrees; water is available; and staff are checking hourly for restroom needs.
- The OCO received multiple complaints that certain people in MSU (camp) at Airway Heights had not had access to fresh air in over one-month due to quarantine/isolation protocols. OCO staff requested additional information from the superintendent and received an immediate return phone call explaining that this information was not correct. The OCO staff requested that the DOC staff for that unit speak directly with the incarcerated individuals to obtain additional information. After talking with the incarcerated individuals, the DOC staff notified the OCO staff that the incarcerated individuals were upset that yard remained closed but they agreed that they did have access to the outside circle. The OCO staff followed up and met with MSU staff onsite and reviewed yard/circle schedule and observed that the traditional yard remains very icy and is unsafe to use. However, DOC staff had sidewalks cleared of ice and made safe for a temporary alternative yard so that people could exercise more; however, conditions in MSU remain very icy and brisk walking or running is unsafe.
- On January 27th, OCO staff conducted a facility visit at Airway Heights. On that date, the MSU gym opened as a group isolation area. The OCO staff visited directly with dozens of incarcerated individuals in isolation. The OCO staff provided clarity and self-advocacy information about COVID-19 protocols, while also checking on the welfare of each person. Individual concerns about access to property and requests for additional mental health and medical checks were directly raised to MSU staff. At the request of the OCO staff, the OCO phone number will be posted by all phones in the MSU isolation gym.
- A complaint was received on the OCO hotline regarding an incarcerated individual who was not being released on his release date. OCO staff contacted DOC staff, including the facility and community custody. As a result of this contact, DOC staff contacted the incarcerated individual and explained to him the reason for the delay which was related to COVID quarantine status and the inability to move individuals. The group home to which the individual is releasing was made aware of the situation and is holding the bed. This information was shared with the incarcerated individual.
- The OCO staff conducted a facility site visit and learned that a hallway of a unit on isolation had a water container that was leaking excessively causing the incarcerated individuals to have to use a shared water fountain in a common facility to access water. OCO staff raised the concern with the facility and the water container was replaced.
- Incarcerated individuals were concerned that after isolation and being returned to their unit they were not being placed back in their old room. This issue was raised with the facility and the facility informed OCO staff that a plan was being put into action to remedy the situation to occur the following day.
While we were not able to get a full resolution to all of the issues submitted to our office, we will continue to work on them to the extent of our statutory authority and achieve a resolution. The OCO statutory grant of authority limits our work to the investigation of issues: We are not able to mandate or require action. For this reason, we are endeavoring to work with DOC to provide them with information on the areas of concern and make specific requests for action.
I will be providing regular communications with COVID-related updates as I have them to share. I am also including information DOC is requesting be shared in order to increase access for incarcerated individuals and their family and friends. In each update I will be attaching communications from DOC as an additional way to try to increase information getting to incarcerated individuals and their loved ones.
Best,
Sonja Hallum
