March 19, 2020 Re: Measures to be implemented to combat the devastating impact of COVID-19 in Washington Prisons Dear Governor Inslee and Secretary Sinclair: We urge you to adopt more meaningful and proactive measures to deal with the devastating impact COVID-19 will have on the 17,000+ people currently incarcerated in our state. Although the DOC has published their COVID-19 response, more action is required. The CDC has issued special warnings for elderly population aged 60 and older. There are currently 1,329 people over the age of 60 incarcerated in our state, with 164 more slated to turn 60 this year. There are 47 individuals in their 80s and even 4 people in their 90s incarcerated in our state. Further, African Americans are disproportionately represented in the elderly prisoner population—African Americans make up approximately 14% of the 60+ prison population and only approximately 4% of the overall population in Washington. We have already seen the tragic impact of COVID-19 on the elderly in our state at the Kirkland Life Care Center nursing home. Our elderly prison population is in grave danger. Prison hospitals are ill equipped to handle this situation—especially in light of the controversy this summer surrounding the needless deaths at the Monroe Correctional Complex due to medical negligence and malpractice. We know this is a difficult and uncertain time for everyone, and that you and your office staff are working each day to put out many fires as this situation develops rapidly. However, Mr. Governor and Mr. Secretary, if your offices do not take action immediately, people who are in your care will die. We cannot let this happen. We have compiled a list of measures that the DOC can take to reduce the risk of COVID-19. The proposed measures--like providing free alcohol based hand sanitizer instead of the current ineffective non-alcohol based hand sanitizer being used--are reasonable, given that both our state and the country are in a state of emergency. Please, we implore you, implement them immediately. Sincerely, Senator Joe Nguyen, 34th District Representative Strom Peterson, 21st District Tarra Simmons, JD, Civil Survival Project, Director Bridges to Life Restorative Justice Coalition for Prison Reform Patanjali de la Rocha, MSWc MPHc CD, Birth Beyond Bars, Executive Director Merril Cousin, Coalition Ending Gender-Based Violence, Executive Director Prachi Dave, Senior Attorney, Public Defender Association Dr. Donna Lohmann, MD, PLLC Ellen Kissman, MPH Janie Starr, MPH/MA, V-M SURJ Criminal Justice Team Dr. Anna Reosti, PhD Research Professor, American Bar Foundation Dr. Katherine Beckett, PhD, Professor of Law, Societies, & Justice, University of Washington Dr. Erin Mayo-Adam, PhD Hunter College CUNY Dr. Michael McCann, PhD Gordon Hirabayashi Professor, University of Washington Dr. Anthony Chase, PhD, Professor, Occidental College Dr. Hannah Walker, PhD, Rutgers University, Assistant Professor Dr. Dan Berger, PhD, WSR Visitor Dr. Rebecca U. Thorpe, PhD, University of Washington Dr. Scott Lemieux, PhD, University of Washington, Lecturer Dr. Susana Flores, PhD Dr. Xyanthe Neider, PhD Dr. Rachel Reinke, PhD Dr. Samantha Majic, PhD Dr. Nora Webb Williams, Assistant Professor, University of Georgia Yarrow Durbin, MEd, CourageWork LLC Emily M. Gause, JD, Criminal Defense Attorney at Gause Law Offices Seth B. Doherty, JD, Attorney, Clallam Public Defender Dena Alo-Colbeck, JD, Law Offices of Dena Alo-Colbeck Cassie Trueblood, JD, Snohomish County Public Defender Association Elissa Brine, JD/MS, Skagit County Public Defender C. Erika Bleyl, JD, Attorney at Snohomish County Public Defender Association Jeffrey Ellis, Attorney at Law Kathryn Eileen Karcher, JD Tomaso Johnson, JD Martina Kartman, JD Roxanneh Mousavi, Seattle University School of Law Jon Zulauf, JD Naomi Strand, JD Tiah Johnson, JD Candidate Wyatt Fisher, JD Candidate Lindsey Franklin, JD Candidate Denise Chen, JD Candidate Evan Terrell, PhD Candidate Marco Brydolf-Horwitz, PhD Candidate, University of Washington Amy Diaz, University of Washington JP Anderson, University of Washington, Doctoral Candidate Anna Zelenz, PhD Candidate, University of Washington Jeani Atlas - University of Washington Student Bree Bang-Jensen, PhD Candidate, University of Washington Joshua Langham Knapp, Lakeside Boast Service C.O.O. Channing Reeves, J.D. Candidate Aleksandrea Johnson, J.D. Candidate Portia Linear, Licensed Nurse, Coyote Ridge, Shelton, Stafford Creek Suzanne Cook, Statewide Family Council, MCC Visitor Loretta Pedersen, MA, Statewide Family Council Secretary, WSP Visitor Heather Dockery Lisa Nguyen, Virginia Mason Patient Care Technician Anna Ivanov, WSP Local Family Council Co-Chair Loren Taylor, SCCC Visitor Susan Wade, WSP Local Family Council Secretary Jennifer Patterson, MCC Visitor Susan Wade, WSP Visitor Ashley Russell Dianne Durall, MCC Visitor Camille Saunders, MCC Visitor Janet Floyd, CBCC Visitor Janet Moriarty, WCCW Family Council Tiffani Angel, Coyote Ridge Visitor Sharon Hanson, WSP Visitor Kim Durham, Coyote Ridge Visitor Katie Jane Wilks, Coyote Ridge Visitor Jean Katayama, MCC Visitor Bethany DuSchene, SCCC Visitor Melissa Schmitt, She-EO, MCC Visitor Kathryn Karcher Paula Crews Bond, WCCW Visitor Yoshikovasha Garcia, Teacher, Statewide Family Council Member, AHCC Mia Boetes, WSP Visitor Kelbi Stamey, WSP Visitor Gina Evanson, WSP Visitor Jon Boetes, WSP Visitor Jennifer Mayo, WSP Visitor Jason Cole, WSP Visitor Ashley Blythe Cole, WSP Visitor Brian Rowe, WSP Visitor Kristi Raich, WSP Visitor Annie Dubner, WSP Visitor Keith Borgholthaus Chelsea Moore, PhC, MCC Visitor Cally Nicholls Dora "Duaa-Rahemaah" Williams, AHCC Visitor Florence Sum, MPA, RVC Yvonne Harrison, Airway Heights Visitor Stephanie van Dyke Chris Byrne Samantha Lyons Joyce M Wade, Stafford Creek Visitor Jean Berolzheimer Stacey Bianchi, Clallam Bay Visitor Tiffany Glant, MBA, MCC Visitor Rachel Taasaas, Coyote Ridge Visitor Kathe Taasaas Cammie Carl, Coyote Ridge Visitor Margarita Valtierra, AHCC Visitor Chelsea A. Garcia Carter Case Scott Betts Jason Sikora Noreen Light, M.S. Ed., Stafford Creek Visitor Antoine Hervier Kehaulani Walker, CRCC Visitor Steven Calderwood Marcos E. Garcia Joseph Garcia Joanne Glant, MCC Visitor Julianne Presson, AHCC Visitor Kristen Elfendahl, MCC Visitor Linda Vong Puni Wilcox Gayle Stacey Frank Seaver, MA Christine Wood Mandeep Sandhu Angela Feng Professor Heather C. Robinson Cecilia Hansen Jewish Prisoner Services international Lara Hartwig Jenny McIntosh, MSW, MCC Visitor Kriss Evanson, WSP Visitor Angela Rurt, WSP Visitor Scarlett Cole, WSP Visitor Russ Boetes, WSP Visitor Nick Mayo, WSP Visitor Keegan Cole, WSP Visitor Scarlett Hines, WSP Visitor Sallie Shawl, WSP Visitor Jasmine Henry, MS Health Care Informatics, Larch Visitor Rebecca Holt Loren Taylor, SCCC Visitor Measures To Be Implemented Hand Sanitizer Availability and Declassification as Contraband: One of the only methods proven to slow and prevent the spread of Coronavirus is 70% alcohol based hand sanitizer. The non-alcohol based hand sanitizer being used in DOC facilities is ineffective against the virus. Recommendations: Make available to all incarcerated persons 70% alcohol based hand sanitizer approved for slowing and preventing the spread of coronavirus. Declassify as contraband hand sanitizer with alcohol. Cleaning and Disinfecting Shared Spaces: In addition to hand sanitizer, cleaning shared surfaces with CDC approved cleaning solutions has also been recommended to slow or prevent the spread of the virus. Especially given the close living quarters inside of prisons and jails, an increased and thorough cleaning schedule with the recommended disinfectant cleaning solutions is necessary to slow and prevent the spread of the virus. The current germicidal cleaning solution, which requires sitting 15 minutes on a surface to fully disinfect, is not practical in highly trafficked areas and shared phone receivers. Recommendations: Increase the cleaning schedules of all shared spaces within the institutions and clean with solutions proven to kill the virus quickly. Make available to or provide a schedule for the same cleaning within cells. Make available fast acting disinfectant. Make bleach available for cleaning and declassify as contraband. Make disposable disinfectant wipes available at the phones so that people may wipe receivers in between uses. Testing Kits / Protocols / Identification and Mitigation of Symptoms: Multiple test protocols are necessary to ensure that the virus is contained. Recommendations: Test a random sample of people (subject to their consent) within each institution to determine the likelihood that the virus is already present in the facility. Provide facilities with adequate testing kits to determine the extent of the crisis. Prioritize vulnerable populations and those with symptoms first. In the event that testing kits are unavailable or scarce, test for the most concerning symptoms - fever and cough. Anyone admitted into the facility must be tested to ensure that they are not bringing the virus into the facility. All facility employees must be tested regularly to ensure that the virus is not carried into the facility. Supply correctional officers and staff with masks and gloves so that the virus is not unintentionally and unknowingly spread inside of the facility. Procedures for Suspected / Confirmed COVID-19 Cases: To prevent the spread of confirmed or likely COVID-19 cases, every possible effort must be made to separate out people with the virus from the rest of the incarcerated population. People with active symptoms or in need of treatment for the virus, should be transferred as early as practicable to ensure they receive the care they need. Recommendations: Create non-punitive quarantines for low medical risk incarcerated persons who have likely or confirmed COVID-19, do not use IMU or ADSAG facilities for quarantine, as they are punitive. For high medical risk incarcerated persons, transfer them to a medical facility that can accommodate them to ensure that they are appropriately quarantined and cared for. Ensure that medical facilities are prepared with necessary equipment such as ventilators. Hire additional non DOC medical staff to work with the DOC. Nobody should be incarcerated past their release date, even if quarantine is warranted, so transfer confirmed cases requiring quarantine from the institution to the hospital. Ensure people with confirmed or likely COVID-19, and anyone who interacts with them, have masks and gloves. Waitlists for Medical Care:, Medical treatment inside of facilities often requires lengthy wait times. During these wait times people may unintentionally and unknowingly spread the virus to others. In order to adequately contain and prevent the spread of the virus wait times must be decreased. Recommendations: Ensure that the most vulnerable people (anyone who is elderly and/or has a history of respiratory illnesses) are seen as quickly as possible. Prioritize people with symptoms indicative of COVID-19 and/or any with significant risk factors (age, asthma, etc.). Provide masks and gloves to people exhibiting symptoms (such as coughing and sneezing) while they await medical screening / care. Legal Visitation / Alternatives to Physical Visitation: States and counties within the United States (and some countries, such as Italy) have suspended visitation into jails and prisons to slow the spread of COVID-19. While the importance of protecting communities from COVID-19 and in this case, specifically people behind bars and under supervision - is paramount, it is essential that the measures taken are the least harmful to the people we are seeking to protect. While suspension of physical visitation may be necessary to contain or slow the spread of the virus, measures such as suspension of visitation and institution-wide lockdowns have significant negative effects on people under correctional control and their families - for example, psychological distress and increased incidences of violence are documented effects of such measures. Further, loss of access to legal rights, mental / medical health care is also evident when suspension of visitation extends to legal and medical professionals. Recommendations: In facilities where physical visitation is suspended, retain access to (and increase as needed to make up for the loss of physical visits) non-contact legal visitation. Also implement, as appropriate and available, alternative methods of visitation - such as phone calls and video visitation - for all types of visits (family, non-legal professional visits, etc.) for free or at a reduced cost. Put a plan in place to quickly resume visitation with the proper medical testing and screening—similar to the measures that Gov. Inslee has implemented for nursing home visitation and that Seattle hospitals have put into place for visitation. Improvements to Telecommunication Systems: Currently, the WA DOC utilizes a system of shared public payphones for incarcerated individuals to make phone calls. The practice is not sanitary. Prisoners are forced to share dirty payphone receivers in order to make much needed calls to loved ones. Further, facilities that put prisoners on lockdown for quarantine, such as WSRU, are only allowing prisoners 30 minutes/day to shower and call their loved ones. This creates massive backups for phone lines and promotes the spreading of germs while folks wait close together in long lines. Recommendations: Ensure that prisoners are able to use the phone function on their tablets, allowing them to make calls inside of their cells. These calls will still be recorded and subject to the same monitoring. Many other states have already implemented in cell tablet telecommunications. If it is not possible to implement immediately, this must be added to the scope of work in the contract currently undergoing a competitive bid process with the telecommunications service providers. This is a matter of public health and safety and will go a long way for DOC’s disaster preparedness now or in the future. Communication with Families: During emergency times where communication options may be limited, especially if the prison is on lockdown, it is important that families remain informed about the safety and wellbeing of their incarcerated loved ones. Recommendations: The DOC needs to provide daily updates, published on their website and distributed through email, on developments in the prisons. DOC should have a daily conference call setup with DOC officials from each of the prisons where family members can call in with concerns and questions. Make available the names and contact information for each prison’s incidence response team appointee to family members so they are able to check-in on the safety of their incarcerated loved one. Ensure a 24-hour response time. Compassionate Release: Research has shown us that people typically age out of crime, especially after middle age. Many of the elderly people continuing to serve time in Washington no longer pose a threat to public safety and have underlying health issues that put them at grave risk. Recommendations: Provide immediate compassionate release for the 51 people who are 80+ years old currently incarcerated in Washington State. Set up a process of immediate review for people 70 years or older with the presumptive release. Set up a review process for individuals with serious underlying health issues with presumptive release. Appendix 1: Number of Incarcerated Individuals 60+ In WA