State considering release of nonviolent offenders to free up prison space, Inslee says

A day after a COVID-19 outbreak triggered an inmate disturbance at the Monroe Correctional Complex, Gov. Jay Inslee said the state is considering releasing nonviolent offenders early to free up space so inmates at risk of infection can be isolated.

“I think public safety calls for that and we’re looking for reasonable things to do for some nonviolent offenders,” he said Thursday, saying details are expected within a few days. The prison system has begun to look at the number of nonviolent drug offenders who are within 60 days of their release, said Stephen Sinclair, Secretary of the Department of Corrections.

The governor and Sinclair spoke at a press conference the day after more than 100 inmates at the Monroe Correctional Complex’s Minimum-Security Unit protested the state’s handling of the COVID-19 outbreak that has infected six inmates and five staff members.

DOC has tried to move inmates who were potentially vulnerable to COVID-19 to other units, but they have resisted, Sinclair said. He said a living unit was placed on quarantine and about 50 inmates housed there walked out to the recreation yard Wednesday evening, the start of the disturbance.

“That puts people at risk, not only the individuals who are on that quarantine status, but everybody else around them who potentially could be infected. So a really disappointing situation,” Sinclair said.

Upon returning to their living unit, some made threats to guards, set off fire extinguishers, and vandalized property, DOC said.

Inslee and Sinclair spoke hours after a nonprofit law firm filed an emergency motion with the state Supreme Court as part of a lawsuit filed last month seeking the release of certain inmates around the state who are vulnerable to becoming infected with COVID-19.

Because inmates have begun testing positive, the high court must immediately step in and address it “because the Governor and Secretary Sinclair refuse to do so,” the motion said.

“This unfortunate, but completely foreseeable, situation is a direct result of the failure of DOC to take action sooner, even though people who are incarcerated in state prisons, their family members, and advocates have sounded the alarm for weeks,” said attorney Nick Straley of Columbia Legal Services.

“Even the Trump Administration has begun taking steps to reduce the number of people in the federal prison system. For some reason, the Washington State Department of Corrections and the Governor refuse to do so,” Straley added.

Columbia Legal Services asked the high court in its emergency motion to:

• Appoint a special master to provide the Court with information regarding the current emergency at the Monroe prison and how DOC is addressing the COVID-19 pandemic at prisons around the state.
• Issue an emergency order requiring DOC to immediately test every inmate who has been held in the Minimum Security Unit in the last 14 days, and take all necessary and proper steps to ensure that appropriate screening, isolation and quarantine are done.
• Begin immediate releases of inmates in the Minimum Security Unit who are over the age of 50, have underlying medical conditions, and are within 18 months of their release date.

A similar lawsuit was filed in Pierce County Superior Court last month. The judge in that case ordered DOC to detail what steps the agency is taking to follow Centers for Disease Control protocols in response to the pandemic.

DOC filed a declaration about the agency’s efforts from deputy secretary Julie Martin Wednesday afternoon. Part of it specifically addressed the minimum-security units at Monroe.

“All individuals who are housed in the unit with the positive cases at [Monroe Correctional Complex] have been provided surgical masks for further protection,” the report says. “The Department is currently creating a new staffing model for the Minimum Security Unit at MCC. This model will identify only those staff who are approved to work inside the Minimum Security Unit, and such employees will not be allowed to work anywhere else at MCC.”

The declaration goes on to say: “The Department is also scheduling a Skype call with those individuals housed in the Minimum Security Unit with the Department’s infectious disease control expert Dr. Lara Strick to answer any COVID-19 health-related questions that they may have.”

DOC said it offered to move particularly vulnerable inmates in that unit to another, and that all 30 or so declined.

“The Department is considering the option of having a health care professional have additional conversations with these individuals to see if they still do not want to move out of the unit,” the declaration said.

The rest of DOC’s report detailed efforts across its facilities.

Inmates have been given two bars of soap each for free, and the agency said it will keep providing it at no cost during the pandemic.

Staff who screen other staff and inmates get masks, gowns and gloves. Staff who come in close contact with suspected or confirmed cases of COVID-19 are provided N95 respirators, gowns, gloves, and eye protection, the report said.

Inmate kitchen workers are getting some protective gear, but not face masks. They are asked screening questions and their temperature is taken when they report for work, according to DOC.

“In addition, the Department also recently began issuing expired N95 respirators to all correctional staff who work closely with the incarcerated population,” the declaration said. “At this time, the use of the respirators is voluntary. The Department did this, in part, to further reduce the risk of staff introducing the virus into the incarcerated population. The CDC has approved the use of expired N95 respirators, and our agency has a large supply of expired respirators.”

Staff also got a memo about available cleaning products March 27 “that are approved for use against COVID-19, including instructions for mixing the cleaners and bleach to comply with CDC guidelines,” the declaration said.

DOC also reported that it is encouraging social distancing when possible by limiting work crews to 10 inmates and decreasing the number of people in dining rooms at one time.

“Additionally, facilities are required to disinfect dining room tables, door knobs, and all high-touch areas between use by each unit,” the declaration said. “Inmates who are in certain units where elderly and/or infirm inmates are housed and inmates who are currently on quarantine or isolation are fed in their cells.”

They’ve also staggered pill lines, closed weight rooms, reduced the number of inmates in recreation yards, and limited the number of inmates in educational programs.

“Programs that are able to do so are encouraged to implement in-cell packets and to use educational programming on the TV,” the declaration said.

This story was originally published April 9, 2020 at 4:15 PM.