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
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. The one free call and 2 free stamps per week as well as the suspension of medical co-pays remain in effect. May 18 GDC makes all points of entry into the system at Georgia Diagnostic and Classification Prison (GDCP) for male inmates and Arrendale State Prison for female inmates. All new arrivals and court return offenders will be placed in medical isolation while awaiting COVID-19 test results for symptomatic inmates. Non-symptomatic inmates will be placed in 14-day security quarantine. May Total inmates positive for COVID-19: 420 COVID-19 Total staff positive for COVID-19: 165 Numbers This is a significant jump from the previous month for inmate cases from 244 to 420. June 11 GDC extends the suspension of all visitation, including legal visits, at all facilities through July 12. 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. June 15 Coastal State Prison reports the highest number of inmate deaths related to COVID-19 thus far.10 Five inmates at this facility have died after contracting the virus. The information reported on the GDC website does not specify the dates of those deaths.
10 https://www.wtoc.com/2020/06/15/coastal-state-prison-reports-highest-number-inmate-deaths-related-covid-/.
WORKING DRAFT PLAN Executive Summary COVID-19 Prison Conditions in the State of Georgia
Page 5 of 22 June 30 Significant spike in Coffee Correctional Facility.11 Coffee Correctional Facility saw a sharp rise in the number of positive COVID-19 cases among staff and inmates with monthly totals from May to June showing a 69% increase. June Total inmates positive for COVID-19: 711 COVID-19 Total staff positive for COVID-19: 223 Numbers This is a significant jump from the previous month for inmate cases from 420 to 711. July 1 Lawyers for the Southern Center for Human Rights and the ACLU of GA file a lawsuit against Clayton County Sheriff over COVID-19 complaints.12 The lawsuit accuses the jail administrators of failing to take reasonable steps to ensure effective social distancing and failing to provide sufficient sanitation or adequate protective equipment. July 1 Programming to resume at GDC. Programming is scheduled to begin, on a limited basis, beginning July 1. Classes will be conducted following social distancing guidelines. Outside details are suspended. July 10 GDC extends the suspension of all visitation, including legal visits, at all facilities through August 12. 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. July 27 Southern Center for Human Rights files a lawsuit to address how conditions of confinement actually are compared to what GDC publishes, or doesn’t publish.13 The Southern Center for Human Rights had 12 former and current prisoners describe conditions that made social distancing and disinfection impossible and said their requests for medical help had gone ignored. One prisoner in particular wrote about how a jail officer denied his request for a mask, so he tied old underwear around his face.
11 https://wgxa.tv/news/local/draft-tracking-covid-19-cases-at-coffee-correctional-facility. 12 https://www.wabe.org/lawsuit-clayton-county-sheriff-fails-to-protect-inmates-from-coronavirus/. 13 https://theappeal.org/prisoners-inside-georgias-clayton-county-jail-describe-desperate-efforts-to-avoid-covid-19/.
WORKING DRAFT PLAN Executive Summary COVID-19 Prison Conditions in the State of Georgia
Page 6 of 22 August 6 Ware State Prison riot compels a former corrections officer to describe staff shortages.14 John Eason left Ware State Prison two weeks before the riot because of safety reasons after the prison staff became stretched thin. He says at least 33 officers usually work per shift but lately that number has been below 10. In 2019, 78% of the people GDC hired were correctional officers, and 71% of that 78% quit in the same year. August 8 Data shows that jail populations began to rise again in July 2020.15 As of July 4, Georgia has reached the highest new cases per day rate since COVID began, and that is making its way into the state’s jails and prisons. Now, GDC numbers are back on the rise. August 13 GDC extends the suspension of all visitation, including legal visits, at all facilities through September 10. The one free call and 2 free stamps per week as well as the suspension of medical co-pays remain in effect. August 28 The Atlanta Journal-Constitution publishes an important and eye-opening article with an interview of a medical administrator saying GA protocols are not followed.16 Julia “Judy” Hendricks, a former health services administrator, speaks candidly about the lack of supplies, testing, and other necessary preventative measures she experienced in the GDC. She notes that the actions GDC takes are purely reactive and hesitant, and when she pushed for more testing, she failed and was retaliated against. August 31 Governor Kemp extends state of emergency and COVID-19 preventative measures through October 10 and requirement of social distancing through September 15.17 This includes bans on gatherings of more than 50 people unless there is six feet between each person, mandatory criteria for businesses and sheltering in place for those living in long-term care facilities and the medically
14https://www.wsav.com/news/local-news/former-ware-state-prison-corrections-officer-explains-staff-shortages- after-riot/. 15 https://www.reformgeorgia.org/covid19-georgia-justice-system/. 16https://www.ajc.com/news/crime/medical-administrator-claims-ga-prison-retaliated-after-she-pushed-for-more- covid-testing/JTIRXSI4DBHHRDUINX6RNNLKUM/. 17 https://www.forsythnews.com/news/health-care/governor-extends-state-emergency-through-oct-10/.
WORKING DRAFT PLAN Executive Summary COVID-19 Prison Conditions in the State of Georgia
Page 7 of 22 fragile. August Total inmates positive for COVID-19: 1656 COVID-19 Total staff positive for COVID-19: 792 Numbers Total COVID-19 related deaths: 53 (2 staff, 51 inmate)
I. Indicative Prison Incidents as Reported Lack of Transparency by Georgia Officials. Clayton County Jail has received significant scrutiny, and ultimately a lawsuit, in response to their lack of documentation and transparency about their testing and infection data. The Southern Center for Human Rights (SCHR) indicated that this was an issue with several jails around the state, and this litigation is part of a larger effort to push Georgia for increased transparency.18 SCHR said it best: “It is both illegal and wrong to withhold vital information about a public health crisis from members of the public.” Kosha Tucker, a contributor to this Executive Summary and staff attorney with the ACLU of Georgia, said, “The Clayton County Sheriff’s Office has a duty to the public to be transparent in its operations, and this duty is especially critical in light of the COVID-19 pandemic.”
Lack of Access to Visitation and Attorneys. Georgia suspended visitation and in-person legal visits since before the first reported case in its facilities. This suspension is still in effect and comes at a time where seeing loved ones and having unfettered access to the courts and attorneys is vital. Speaking from experience, gaining access to incarcerated individuals to interview for this COVID-19 project was awfully difficult.
Reported Cases as of 9/8/2020 (Execution of this Executive Summary)19
GDC Facilities
18https://www.schr.org/public-records-lawsuit-filed-after-clayton-county-sheriff-refuses-to-disclose-public- documents-about-covid-19-in-county-jail/. 19 http://www.dcor.state.ga.us/content/cases.
WORKING DRAFT PLAN Executive Summary COVID-19 Prison Conditions in the State of Georgia
Page 8 of 22 Inmates Staff Currently Positive: 1752 Currently positive: 820 Recovered: 1296 Recovered: 644 Deaths: 54 Deaths: 2
County/Private Facilities Inmates Staff Currently Positive: 507 * No staff numbers reported Recovered: 386
COVID-19 Deaths per 10,000 prisoners: 9.8
II. COVID-19 Policies Adopted by Prisons and Jails
Multi-Phase Approach by GDC to Prevent and Mitigate COVID-19 Transmission20 GDC implemented a three-phase approach to help prevent and mitigate the spread of COVID-19 within its facilities. It has worked in conjunction with the CDC and the Georgia Department of Public Health to coordinate an appropriate response to the evolving situation. This phased approach includes activating GDC’s Pandemic Emergency Response Team, planning and education, preparedness and response.
1. Phase One: Planning and Education a. In this phase, GDC activated an interdisciplinary agency task force to evaluate GDC’s Emergency Response Plan, Infection Control Plan, and other areas that will be affected by COVID-19 b. Education of staff and inmate population regarding COVID-19 through the Governor, CDC, and GDPH. Information includes symptoms of COVID-19,
20 http://www.dcor.state.ga.us/content/res.
WORKING DRAFT PLAN Executive Summary COVID-19 Prison Conditions in the State of Georgia
Page 9 of 22 prevention of COVID-19, handwashing, and sanitation protocols
2. Phase Two: Preparedness and Preventative Measures a. Inmate movement i. GDC suspended all non-essential offender movement across GDC facilities starting March 11, 2020, and continues b. Tours and Visitation Suspension i. All prison tours are suspended until further notice ii. All volunteer visits are suspended as of March 12, 2020 until further notice iii. All visitation is suspended through September 10, 2020 and will be reevaluated on a weekly basis following that date c. Attorney Contact i. GDC has suspended attorney visits through September 10, 2020. No- contact attorney visits are reserved for emergency situations. d. Community Contact i. GDC partnered with Securus Technologies and JPay to provide each inmate one free 15-minute phone call each week from March 14, 2020 and two free stamps each week starting March 17, both to continue until further notice e. Medical Co-Pays i. Medical co-pays are waived for flu related and COVID-19 related symptoms f. Programming i. Programming is scheduled to begin, on a limited basis, beginning July 1, and classes will be conducted following social distancing guidelines ii. Outside details are suspended g. Staff Actions
WORKING DRAFT PLAN Executive Summary COVID-19 Prison Conditions in the State of Georgia
Page 10 of 22 i. Enhanced screening and sanitation ii. Staff must sign an attestation of no known illness questionnaire, have temperature checks prior to entry iii. Portal Sergeants are required to wear gloves and observe hand washing requirements and other sanitation measures are communicated iv. Sanitizing facilities at entry and exit v. Single-ply and two-ply sneeze/cough masks have been distributed to all staff vi. Non-essential workers may telework vii. Staff hiring and recruitment will continue
3. Phase Three: Implementation and Response a. Actions for Inmate Population i. Increased sanitation rounds and required cleaning of high traffic areas and high touch areas ii. Sanitation officer mandated not to be pulled for other assignments iii. Two sneeze/cough masks distributed to each inmate b. Modified Movement Plan i. GDC suspended all non-essential offender movement across GDC facilities on March 11, 2020 ii. May 18, 2020 - all points of entry into the system will be Georgia Diagnostic and Classification Prison (GDCP) for male offenders and Lee Arrendale State Prison (LASP) for female offenders iii. New intakes should be administered a COVID-19 test 1. Symptomatic inmates will be placed in medical isolation and non- symptomatic will be placed on 14-day security quarantine
Additional COVID-19 Policies Enacted Statewide by the GDC
WORKING DRAFT PLAN Executive Summary COVID-19 Prison Conditions in the State of Georgia
Page 11 of 22 GDC notes that it will still ensure inmates in custody will receive necessary treatment and services such as: showers, medical and mental health treatment, alternative educational, clinical, and substance abuse programming, access to the phone and kiosks, cleaning supplies and hand soap, the law library, and the commissary. No further updates reported on the conditions and status of this except classes and programming that was suspended until July 1. Reports on the law library and commissary are unknown separate from this report.
Spontaneous Releases of Prisoners Reform Georgia released a study about COVID-19 in Georgia’s Correctional System that indicates the changes of GDC’s population pre-COVID-19 to present.21
According to Reform Georgia, Georgia’s state correctional population from January to August 2020 is 9.2% lower. Georgia’s county jail system population, despite being back on the rise, is 17% lower than pre-COVID numbers. Below is a breakdown from month-to-month.
From March to April there was a 20% decline in county average populations. The largest 11 county jails, representing 45% of the state’s county jail population, declined 16% as a group. 3 of the largest 11 county jails experienced a decline above the state average of 20%. DeKalb is the only jail among the largest 11 to show a growth in its population of 3%.
From April to May there was a 2.5% decline in state correctional populations and an 8.3% decline in county average populations.
From May to June there was a 3.1% decline in state correctional populations and only a 0.7% decline in the county correctional population.
From June to July there was a decline of 1.5% in state correctional populations and the first increase since COVID-19 started with an increase in 3.92% in the county correctional population.
21 https://www.reformgeorgia.org/covid19-georgia-justice-system/.
WORKING DRAFT PLAN Executive Summary COVID-19 Prison Conditions in the State of Georgia
Page 12 of 22 From July to August there was another decline in state correctional population with a 1.5% decline, but the county correctional population is still on the rise.
In sum, since the COVID-19 crisis began, Georgia’s average county jail population had been in decline until July when numbers began to rise again, and the percentage of people in jails awaiting trial has consistently gone up through the pandemic.22 Since Georgia’s average length of stay in a county jail is around two weeks, the length of COVID-19 symptoms to manifest, each admission is an opportunity for the exposure and spread of the virus into and out of the facility.23
Notable Jail Releases Cobb county released 800 detainees county-wide reported on April 6, 2020.24 DeKlab county released 103 detainees from a county jail.25 This was reported on April 14, 2020. Additionally, this was authorized by DeKalb Sheriff Melody Maddox and ordered by a state judge. Dougherty county jail facility released 156 inmates from jail. This was reported on April 6, 2020.26 Colquitt County Jail released 61 detainees from their population of 229.27 This was reported on March 31, 2020.
22 https://www.reformgeorgia.org/covid19-georgia-justice-system/. 23 https://www.reformgeorgia.org/covid19-georgia-justice-system/. 24https://www.wsbtv.com/news/local/cobb-county/hundreds-inmates-released-metro-jails-because-coronavirus- outbreaks/S4SFLXLKVZAVHGC3ZLZIPQEOYY/. 25https://www.ajc.com/news/local/dekalb-releases-103-inmates-from-jail-window-dressing-critics- say/9Fkb485Fq3Fwq9XXD44peK/. 26https://www.vera.org/blog/covid-19-1/albany-georgia-reduces-jail-population-by-27-percent-in-response-to- coronavirus. 27https://www.moultrieobserver.com/news/local_news/jail-releases-61-inmates-to-ease-virus- response/article_b42fe15c-73b5-11ea-adc2-9b2f13c11249.html.
WORKING DRAFT PLAN Executive Summary COVID-19 Prison Conditions in the State of Georgia
Page 13 of 22 There have been no releases from prisons, just jails in Georgia.
COVID-19 Prison Conditions GDC suspended all visitation, including attorney visits, on March 12 and extended it through September 10. Starting on September 10, GDC will evaluate this decision weekly. Georgia jails and prisons also receive long-standing scrutiny for being overcrowded, and that scrutiny has risen since the COVID-19 pandemic.28 The very nature of jails and prisons make social distancing and other CDC-recommended guidelines virtually impossible. CoreCivic, who runs certain GDC facilities, published on their website29 preventative measures for combating the spread of COVID-19 in correctional facilities, and went on to say, “COVID-19 has created extraordinary challenges for every corrections detention system in America - public and private. At the same time, the state of Georgia on the whole is experiencing a significant growth in COVID-19 cases.”30 This makes COVID-19 mitigation and prevention given that 3,500 inmates in Georgia are over 60 years old, 700 are over 70, and over a thousand more have chronic health issues that exponentially increase the odds that they die if infected.31
III. Executive, legislative, and sua sponte judicial responses to COVID-19 that pertain directly to incarcerated individuals
28https://www.ajc.com/news/local/georgia-jails-and-prison-remain-crowded-covid- spreads/d9xfa9IRXMflrS31DisSGL/. 29 https://www.corecivic.com/en/corecivic-statement-on-covid-19-prevention. 30https://www.wsav.com/news/coronavirus/corrections-advocacy-groups-concerned-for-inmates-after-177-test- positive-for-covid-19-in-georgia-prison/. 31 https://www.schr.org/covid-19-behind-bars-a-handbook-for-incarcerated-people/.
WORKING DRAFT PLAN Executive Summary COVID-19 Prison Conditions in the State of Georgia
Page 14 of 22 A. Executive orders pertaining to conditions of confinement during the pandemic
There are no executive orders pertaining to the conditions of confinement during the pandemic. The closest Executive Order by Governor Kemp is likely Executive Order No. 04.13.20.02.32 This suspended Georgia’s anti-masking statute which makes it a misdemeanor to wear a “mask, hood, or device by which any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer.”33 Suspending this statute may cause less people to be arrested and ultimately held in custody in jail.
B. Emergency legislation pertaining to conditions of confinement during the pandemic There are none. Found on Lexis Nexis’s COVID-19 Legislative Action & Regulatory Agency Response Updates.34
C. Sua sponte court orders pertaining to conditions of confinement during the pandemic
1) Court closures and suspension of trial proceedings Order Declaring Statewide Judicial Emergency35 This order was March 14, 2020. It orders teleconferencing, to the extent possible, and that the courts remain open for ongoing trials. The court can determine whether or not it can suspend the trial.
32 https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders. 33 O.C.G.A § 16-11-38. 34 https://www.lexisnexis.com/en-us/products/state-net/coronavirus-legislative-and-regulatory- updates.page#GAinfo. 35 https://www.gasupreme.us/wp-content/uploads/2020/03/CJ-Melton-amended-Statewide-Jud-Emergency- order.pdf.
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First Order Extending Declaration of Statewide Judicial Emergency36 This order was on April 6, 2020. It extended the previous order declaring a statewide judicial emergency until April 13, 2020. Litigants are encouraged to proceed, to the extent feasible and consistent with public health guidance, for example through the use of teleconferences and videoconferences, to reduce backlogs and difficulties when the judicial emergency ends.
Second Order Extending Declaration of Statewide Judicial Emergency37 This order was on May 11, 2020. This order extends the previous order until Friday, June 12, 2020. Further, this order prohibits all jury trial proceedings and most grand jury proceedings. All courts are prohibited from summoning new trial jurors and grand jurors and from conducting criminal or civil jury trials. Grand juries already impaneled or recalled from a previous term may meet to attend and must abide by social distancing.
Third Order Extending Declaration of Statewide Judicial Emergency38 This order was on June 12, 2020. This order extends the previous orders until July 14. All courts must continue proceedings remotely, and various deadlines for attorneys will be discussed.
Fourth Order Extending Declaration of Statewide Judicial Emergency39
36 https://www.gasupreme.us/wp-content/uploads/2020/04/CJ_Melton_Extension_Order_signed_entered.pdf. 37https://www.gasupreme.us/wp-content/uploads/2020/05/Second-Order-Extending-Declaration-of-Statewide- Judicial-Emergency_as-issued.pdf. 38https://www.gasupreme.us/wp- content/uploads/2020/06/THIRD_ORDER_EXTENDING_DECLARATION_OF_STATEWIDE_JUDICIAL_EME RGENCY_AS_ISSUED.pdf. 39 https://www.gasupreme.us/wp-content/uploads/2020/07/4th-SJEO-FINAL.pdf.
WORKING DRAFT PLAN Executive Summary COVID-19 Prison Conditions in the State of Georgia
Page 16 of 22 This order was on July 10. This order extends the previous orders until August 11. There is a continued prohibition on in-person trial and deadlines imposed on litigants are reimposed effective July 14 still.
Fifth Order Extending Declaration of Statewide Judicial Emergency40 This order was on August 11, 2020. It extends the previous orders until September 10, 2020. There is a continued prohibition on jury trial proceedings and most grand jury proceedings unless they are already impaneled like mentioned prior, there is the continued reimposition of deadlines on litigants, proceedings should be conducted remotely using technology, and now the courts have discretion to conduct in-person judicial proceedings, but only in compliance with public health guidelines. No court may compel the attendance of any person for a court proceeding if the court is not in compliance with this order.
2) Sua sponte orders re: conditions
Order from the Superior Court of Elbert County State of Georgia41 This order by the Chief Judge of the Superior Court of the Northern Judicial Circuit, Jeffery S. Malcom, recognized a need to mitigate the spread of COVID-19 in jails. Therefore, the Court authorized the Sheriff of Elbert County, using “sound discretion,” to release any person who exhibits symptoms of the virus or is otherwise ill, infirm or vulnerable to infection, who is arrested and charged with crimes on their own recognizance to appear in a court at a later date. There are exceptions to this order: the sheriff cannot release detainees in custody for certain offenses. It allows the sheriff to release similar persons who are arrested on bench warrants, probation warrants, and arrest orders for contempt in the same described manner.
40https://www.gasupreme.us/wp-content/uploads/2020/08/5th-Extension-of-Statewide-Judicial- Order_FINAL_entered.pdf. 41 https://drive.google.com/file/d/1jFn5uoh-OdzK1SFifLLdMCvQR6T6tbVH/view.
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IV. Indicative Litigation
Southern Center for Human Rights v. Hill42 From the Southern Center for Human Rights: On May 27, 2020, the Southern Center for Human Rights and the ACLU of Georgia filed a lawsuit under the Georgia Open Records Act against Victor Hill, the Sheriff of Clayton County, Georgia. The lawsuit alleges that Sheriff Hill violated the Georgia Open Records Act by declining to provide public documents showing, among other things: (1) the number of people who have tested positive for the coronavirus in the Clayton County Jail, and (2) the number of people who have been tested for the virus.43 SCHR repeatedly requested these documents from the Sheriff’s Office over the course of a month. SCHR said, “there appears to be an outbreak of COVID-19 at this jail, and incarcerated people, their families, and the public have a right to know about it” … “It is both illegal and wrong to withhold vital information about a public health crisis from members of the public.”
V. Arguable successes of government agencies in addressing health and safety issues for individuals who are incarcerated in this jurisdiction
GDC was strategic in implementing a multi-phase mitigation plan so that it is a one-stop- shop and informative effort to the community and inmates about what they can expect. The courts and judicial officials have also been very transparent about court closures, court procedures, and how to stay safe while continuing through the legal system during the pandemic.
42https://www.schr.org/public-records-lawsuit-filed-after-clayton-county-sheriff-refuses-to-disclose-public- documents-about-covid-19-in-county-jail/. 43https://www.schr.org/public-records-lawsuit-filed-after-clayton-county-sheriff-refuses-to-disclose-public- documents-about-covid-19-in-county-jail/.
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VI. Arguable failures of government agencies in addressing health and safety issues for individuals who are incarcerated in this jurisdiction
As one of the largest prison systems in the United States supervising nearly 54,000 state prisoners, GDC has been ill-equipped to handle the COVID-19 pandemic in its jails and prisons. Between reports of not receiving proper cleaning supplies44 to the significant staff shortage,45 Georgia inmates are at a high risk of infection with little support from leadership to prevent this. Additionally, Georgia inmates cannot find comfort from their loved ones with an extended suspension on all visitation that is still in effect to this day, including in person legal visits. Ultimately, GDC’s lack of transparency has been a critical failure during the COVID-19 pandemic.
VII. Overall conclusions about mechanisms for the immediate release of pre-trial, short- term, and medically vulnerable prisoners in this jurisdiction
GDC was on a great path in the beginning of the pandemic when it decreased its population, but since July, it has been rising again. Georgia should continue to release incarcerated individuals, especially those who are medically vulnerable.
VIII. Questions presented by circumstances in this jurisdiction for further legal analysis
Two pertinent questions are presented in light of the above research and analysis:
44 https://theappeal.org/prisoners-inside-georgias-clayton-county-jail-describe-desperate-efforts-to-avoid-covid-19/. 45https://www.wsav.com/news/local-news/former-ware-state-prison-corrections-officer-explains-staff-shortages- after-riot/.
WORKING DRAFT PLAN Executive Summary COVID-19 Prison Conditions in the State of Georgia
Page 19 of 22 Under the Eighth and Fourteenth Amendments, do Georgia’s conditions of confinement that exacerbate the spread and transmission of the COVID-19 virus violate the individual liberty and due process rights of medically vulnerable pretrial detainees?
Does GDC’s inability to prevent the spread and transmission of COVID-19 and its lack of transparency violate medically vulnerable incarcerated individuals’ Eighth Amendment rights?
IX. COVID-19 Resources of particular salience to individuals incarcerated in this jurisdiction during the pandemic
Southern Center for Human Rights
SCHR created a handbook for incarcerated individuals with vital information about COVID-19 in jails and prisons. It is a very useful resource and can be found here:
https://www.schr.org/handbooks/covid-19-information/
ACLU of Georgia
The ACLU of Georgia is a great resource for knowing rights and important information about the COVID-19 pandemic. It can be found at the following: https://www.acluga.org/en/timeline- georgia-government-actions-regarding-covid-19
https://www.acluga.org/en/issues/covid-19-and-your- rights#:~:text=The%20spread%20of%20COVID%2D19,civil%20liberties%20than%20absolutel y%20necessary.
The COVID Prison Project This website updates statistics and information nationwide about COVID-19 in jails and prisons including testing, number of cases for inmates and staff, deaths, and other useful information. The website is as follows: https://covidprisonproject.com/data/data-v2/
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Vera Institute of Justice Vera has great information about the changes in prison populations, the efforts to get people de- carcerated, and other useful information. The website is as follows: https://www.vera.org/publications/people-in-prison-in-2019
CDC Resources This website has information specific to correctional and detention facilities: https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/index.html
This website provides guidance on management of COVID-19 in correctional and detention facilities. This is what facilities are using as their crutch for implementing policies, so it is a useful resource to have. https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance- correctional-detention.html
This website provides frequently asked questions and answers for correctional and detention facilities as it pertains to COVID-19. https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/faq.html
Georgia Pandemic Bench Guide This is a useful resource for individuals pursuing litigation in the pandemic. It can be found here: https://drive.google.com/file/d/1gpsLyl6NAWSnnGbzCJCWYD1gtV49vX6W/view
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