Prisoners Legal Advocacy Network (PLAN) National Lawyers Guild – Delaware-New Jersey Chapter 132 Nassau Street, Room 922 New York, NY 10038
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Prisoners Legal Advocacy Network (PLAN) National Lawyers Guild – Delaware-New Jersey Chapter 132 Nassau Street, Room 922 New York, NY 10038 Toll-Free Telephone/Facsimile 1-833-NLG-PLAN, ext. 1 [email protected] PLAN COVID-19 CAMPAIGN Executive Summary for the State of Georgia WORKING DRAFT Contributing PLAN Legal Response Team Members: Allison Bock, PLAN Clerk, American University Washington College of Law, Class of 2022 David Gespass, Esq. Melinda Patterson, Esq. Contact Person: Melinda Patterson Email: [email protected] Telephone: 1-833-NLG-PLAN Date of Issuance: September 8, 2020 DISCLAIMER The following information should not be construed as legal advice. The information and analysis set forth herein does not initiate or imply an attorney-client relationship. The opinions and analysis that follow represent the viewpoints of the PLAN legal response team members credited below and may not reflect the viewpoints of the National Lawyers Guild or the Prisoners Legal Advocacy Network. WORKING DRAFT PLAN Executive Summary COVID-19 Prison Conditions in the State of Georgia Page 1 of 22 RECOGNITION OF COVID-19 DEATHS IN THE GEORGIA DEPARTMENT OF CORRECTIONS As of 9/8/2020, the Georgia Department of Corrections reported 54 inmates and two staff members who have tragically succumbed to the COVID-19 pandemic while incarcerated and working in the facility. While their names are not publicly available, this executive summary is dedicated to their lives. SUMMARY Public health experts warned the nation that jails and prisons would become “petri dishes” for the rapid spread of the novel coronavirus.1 Thus, state officials were faced with a daunting task: to combat the spread of this deadly virus among the incarcerated population that would inevitably make its way into surrounding communities. Some states got it right, and some states fell far behind.2 This Executive Summary tracks the progression and mitigation efforts of the COVID-19 crisis within correctional facilities in Georgia. It includes a chronology of the key milestones, infection rate, policy enactments, mitigation efforts, and other incidents within the Georgia Department of Corrections. Additionally, it provides an overview of the executive and legislative situation in Georgia concerning the mitigation of the spread of COVID-19 in the judicial system. Finally, it provides resources of particular salience to individuals incarcerated in this jurisdiction during the pandemic. 1 https://www.motherjones.com/crime-justice/2020/03/coronavirus-jails-bail-reform-arrests/. 2 https://www.prisonpolicy.org/reports/failing_grades.html. WORKING DRAFT PLAN Executive Summary COVID-19 Prison Conditions in the State of Georgia Page 1 of 22 I. Chronology Note: Unless otherwise indicated in a footnote, all information comes from the Georgia Department of Corrections website where they place all of their COVID-19 updates. The information can be found in the PDF associated with the date in this chronology. Date Summary of Incident February Governor Kemp created a Coronavirus Task Force.3 This was done via 28 Executive Order No. 02.28.20.01 in an attempt to prepare for COVID-19. March 12 GDC suspends all visitation and all prison tours and volunteer visits through April 10, 2020. Inmates will have access to loved ones via mail, phone calls, and GOAL devices. March 12 GDC suspends attorney visits through August 11, 2020. GDC states they can accommodate non-contact attorney visits if there are “emergency situations.” March 12 GDC provides one free 15-minute phone call each week. This was done in an effort to mitigate COVID-19’s impact on community contact. March 13 GDC waives $5 medical co-pay for inmates exhibiting COVID-19 or flu-like symptoms indefinitely. This was done in an effort to assist inmates through the COVID-19 pandemic without lasting financial effects. March 14 Governor Kemp declared a public health state of emergency.4 This was done via Executive Order No. 03.14.20.01 due to the rise of COVID-19 in Georgia. March 16 GDC publishes facilities update COVID-19 response. In addition to the updates listed above (i.e. suspension of visitation and phone calls), this update includes more medical screening for staff, suspended attorney visits, ongoing education, increase of hand soap and sanitizer at facilities, and ongoing notification. March 16 GDC announces that symptomatic inmates will be placed in isolation. This 3 https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders. 4 https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders. WORKING DRAFT PLAN Executive Summary COVID-19 Prison Conditions in the State of Georgia Page 2 of 22 isolation should also come with a COVID-19 test. March 18 GDC announces first confirmed COVID-19 case within GDC - staff member tests positive. At this time, there are no positive inmate cases reported. March 20 GDC announces first confirmed COVID-19 case within the inmate population. There are three inmates who tested positive at Lee State Prison (SP). One was hospitalized on March 15 and the other two on March 16. There are three other inmates at SP under observation for COVID-19 symptoms. March 23 Lee State Prison limits movement of inmates and isolates ten exhibiting COVID-19 symptoms. Lee SP is the only facility thus far with COVID-19, and the GDC response includes screening and isolation. March 23 Governor Kemp issues his first shelter in place order. This order was issued via Executive Order No. 03.23.20.01 and applied to vulnerable populations. It is set to last until April 6, 2020. March 26 First COVID-19 related death of an inmate. GDC announces the death of a 49- year old inmate at Lee State Prison. This inmate was at Lee State Prison with COVID-19 and has been hospitalized since March 15. March 27 Spike in Lee State Prison after the first outbreak of COVID-19. GDC announced the COVID-19 numbers in Lee State Prison which include one death, 5 inmates positive, three inmates hospitalized, thirteen inmates exhibiting symptoms, and four staff positive tests. Lee State Prison and Phillips State Prison that have one confirmed case are now on restricted movement and isolation. March 30 GDC broadly explains testing procedures. GDC plans to work with the Georgia Department of Public Health regarding which inmates are to be tested for COVID-19, and symptomatic inmates are placed in medical isolation. If a staff member presents symptoms, they are instructed not to report to work until they are cleared. March 30 GDC implements additional preventative measures. GDC provided educational materials to both staff and inmates including CDC hand washing and symptoms posters. They are downloadable and available. Additionally, facility sanitation enhancements have been implemented. March Total inmates positive for COVID-19: 11 WORKING DRAFT PLAN Executive Summary COVID-19 Prison Conditions in the State of Georgia Page 3 of 22 COVID-19 Total staff positive for COVID-19: 11 Numbers Total COVID-19 related deaths: 1 April 2 Governor Kemp extends the state-wide shelter-in-place order. This extension is set to last through April 13th. This order was implemented via Executive Order no. 04.02.20.01. It also overruled shelter in place orders issued by individual county and city governments. April 3 Governor Kemp provides county sheriff’s the ability to enforce the shelter in place order.5 This action was done via Executive Order No. 04.03.20.01. April 3 GDC announces production and distribution of sneeze/cough guard masks for staff and inmates. These masks are made at Central, Hancock, and Pulaski State Prison, and they can be hand washed and reused. April 8 Governor Kemp extends the public health state of emergency.6 This extension is through April 30th and via Executive Order No. 04.08.20.02. April 13 Governor Kemp suspends Georgia’s anti-masking statute that makes wearing masks over any portion of the face a crime.7 The relevant statute is O.C.G.A Sec. 16-11-38 and Governor Kemp suspended this via Executive Order No. 04.13.20.02. April 21 Georgia prisons see a major spike in COVID-19 cases.8 In the span of four days, 90 new cases emerged in prisons, making the total infection rate at 154 inmates and 75 staff members. April 30 Governor Kemp extends the public health state of emergency.9 This extension is set to last until June 12 and was done via Executive Order No. 04.31.20.01. April Total inmates positive for COVID-19: 244 COVID-19 Total staff positive for COVID-19: 87 5 https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders. 6 https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders. 7 https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders. 8 https://www.ajc.com/news/local/prisons-see-major-spike-covid-cases/7AUxoUNh7CxhJSEEQ2l6hP/. 9 https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders. WORKING DRAFT PLAN Executive Summary COVID-19 Prison Conditions in the State of Georgia Page 4 of 22 Numbers This is a significant jump from the previous month for inmate cases from 11 to 244. May 1 GDC extends the suspension of all visitation, including attorney visits, at all facilities through May 13. The Public Health State of Emergency enacted by Governor Kemp is still in effect until further notice. The one free call and 2 free stamps per week as well as the suspension of medical co-pays remain in effect. May 14 GDC extends the suspension of all visitation, including attorney visits, at all facilities through June 12. The Public Health State of Emergency enacted by Governor Kemp is still in effect until further notice.