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Governor Ducey, If the Projected Spike for Arizona Cases Of Governor Ducey, If the projected spike for Arizona cases of Covid-19 is late April, and if that spike affects the Dept of Corrections at the same timeframe, the State has approximately two weeks to create and implement state-wide measures to proactively address the “tinderbox” risk inside state prisons. Under your leadership, Arizona can act in time, where other states have only been able to react, after the crisis has hit1. Because the Tucson federal courthouse is often the busiest in the nation, with over 125 people inside various courtrooms daily, your federal partners: Judges, USA, FPD, US Marshal, US Probation/Pre-Trial, and CJA District Representative, tackled this quandary on the early side of the crisis, with measurable success in our courts and detention facilities. We were inventing a new manual of operations, and thus we could assist the State in avoiding the delays we encountered, to save days or even precious hours in the lives of our DOC Corrections Officers and inmates. We can provide you a very experienced working group immediately to advise your team on the radical and innovative techniques, such as “co-horting,” implemented to create space, to guard against spread, and to protect the public and institutions. The Risk 1. Similar to other correctional settings with outbreaks, Arizona Corrections Officers will inevitably contract the virus, and staffing levels will plummet to dangerous levels, leading to dysfunction and prisoner unrest. The risk for riot and prison break is very real. 2. At current levels, prisoners cannot distance, and the virus will spread like wildfire. 3. Currently, prisons lack the space needed to create ICUs and other medical necessities inside the facilities, needed to prevent the virus from spreading and to treat those prisoners who become infected, a. Which means critical care patients will need to be isolated and/or taken offsite for care, regardless of how high their security risk. The Proposed Effort 1. Establish criteria and legal bases to furlough the necessary number of inmates convicted of non-violent crimes, deemed unlikely to reoffend, to allow for increased prisoner separation, medical treatment inside facilities and potential transfer to COVID positive, correctional recovery sites. 2. Population reduction will allow for: a. Inmates to be housed in every other cell, allowing for CDC required distancing, b. The potential to establish ICUs and other care settings inside prison facilities, which will reduce community risk associated with emergency prisoner movement, c. More effective use of limited PPE for prisoners and corrections officers, d. Corrections officer protection: less risk of transmission, reduced operational stress and associated retention challenges, e. Increased safety for inmates and corrections officers, and f. Increased prison security for the most dangerous convicts. 1 https://chicago.suntimes.com/coronavirus/2020/4/3/21207720/210-detainees-60-employees-cook-county-jail-positive-coronavirus-covid-19 We stand ready to be of assistance to you, immediately. Sincerely, US Senator Dennis DeConcini, retired and former Pima County Attorney Grant Woods, Former Attorney General Terry Goddard, Former Attorney General Andrew Pacheco, Former Chief Counsel, Criminal Division, Attorney General Chief Justice Stanley Feldman, Retired Chief Justice Thomas Zlaket, Retired Jon Sands, Federal Public Defender Laura Conover, Criminal Justice Act, District of Arizona .
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