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Executive Order 2020-62, MI, COVID-19 Protocols, 2020

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S TAT E O F M IC HIGAN

GRETC HEN W H IT M ER

OFFICE OF THE GOVERNOR

GARLIN G ILC H RIST II

GOVERN OR

L ANSI NG

LT. GOVERNOR

EXECUTIVE ORDER
No. 2020-62
Temporary COVID-19 protocols for entry into Michigan Department of
Corrections facilities and transfers to and from Department custody;
temporary recommended COVID-19 protocols and enhanced early-release
authorization for county jails, local lockups, and juvenile detention centers
Rescission of Executive Order 2020-29
The novel coronavirus (COVID-19) is a respiratory disease that can result in serious illness
or death. It is caused by a new strain of coronavirus not previously identified in humans
and easily spread from person to person. There is currently no approved vaccine or antiviral
treatment for this disease.
On March 10, 2020, the Department of Health and Human Services identified the first two
presumptive-positive cases of COVID-19 in Michigan. On that same day, I issued Executive
Order 2020-4. This order declared a state of emergency across the state of Michigan under
section 1 of article 5 of the Michigan Constitution of 1963, the Emergency Management Act,
1976 PA 390, as amended, MCL 30.401 et seq., and the Emergency Powers of the Governor
Act of 1945, 1945 PA 302, as amended, MCL 10.31 et seq.
In the three weeks that followed, the virus spread across Michigan, bringing deaths in the
hundreds, confirmed cases in the thousands, and deep disruption to this state’s economy,
homes, and educational, civic, social, and religious institutions. On April 1, 2020, in
response to the widespread and severe health, economic, and social harms posed by the
COVID-19 pandemic, I issued Executive Order 2020-33. This order expanded on Executive
Order 2020-4 and declared both a state of emergency and a state of disaster across the state
of Michigan under section 1 of article 5 of the Michigan Constitution of 1963, the
Emergency Management Act, and the Emergency Powers of the Governor Act of 1945.
The Emergency Management Act vests the governor with broad powers and duties to
“cop[e] with dangers to this state or the people of this state presented by a disaster or
emergency,” which the governor may implement through “executive orders, proclamations,
and directives having the force and effect of law.” MCL 30.403(1)-(2). Similarly, the

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Emergency Powers of the Governor Act of 1945 provides that, after declaring a state of
emergency, “the governor may promulgate reasonable orders, rules, and regulations as he
or she considers necessary to protect life and property or to bring the emergency situation
within the affected area under control.” MCL 10.31(1).
To mitigate the spread of COVID-19, protect the public health, and provide essential
protections to vulnerable Michiganders who work at or are incarcerated in prisons, county
jails, local lockups, and juvenile detention centers across the state, it is reasonable and
necessary to implement limited and temporary COVID-19-related protocols and procedures
regarding entry into facilities operated by the Michigan Department of Corrections and
transfers to and from the Department’s custody; to recommend limited and temporary
COVID-19-related protocols and measures for county jails, local lockups, and juvenile
detention centers; and to temporarily suspend certain rules and procedures to facilitate the
implementation of those recommendations.
Executive Order 2020-29 took these steps. This order extends their duration, as they
remain reasonable and necessary to suppress the spread of COVID-19 and protect the
public health and safety of this state and its residents. With this order, Executive Order
2020-29 is rescinded.
Acting under the Michigan Constitution of 1963 and Michigan law, I order the following:
1. The Michigan Department of Corrections (the “Department”) must continue to
implement risk reduction protocols to address COVID-19 (“risk reduction protocols”),
which the Department has already developed and implemented at the facilities it
operates and which include the following:
(a) Screening all persons arriving at or departing from a facility, including staff,
incarcerated persons, vendors, and any other person entering the facility, in a
manner consistent with guidelines issued by the Centers for Disease Control and
Prevention (“CDC”). Such screening includes a temperature reading and
obtaining information about travel and any contact with persons under
investigation for COVID-19 infection.
(b) Restricting all visits, except for attorney-related visits, and conducting those
visits without physical contact to the extent feasible.
(c) Limiting off-site appointments for incarcerated persons to only appointments for
urgent or emergency medical treatment.
(d) Developing and implementing protocols for incarcerated persons who display
symptoms of COVID-19, including methods for evaluation and processes for
testing, notification of the Department of Health and Human Services (“DHHS”),
and isolation during testing, while awaiting test results, and in the event of
positive test results. These protocols should be developed in consultation with
local public health departments.
(e) Notifying DHHS of any suspected case that meets the criteria for COVID-19
through communication with the applicable local public health department.
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(f) Providing, to the fullest extent possible, appropriate personal protective
equipment to all staff as recommended by the CDC.
(g) Conducting stringent cleaning of all areas and surfaces, including frequently
touched surfaces (such as doorknobs, handles, light switches, keyboards, etc.), on
a regular and ongoing basis.
(h) Ensuring access to personal hygiene products for incarcerated persons and
correctional staff, including soap and water sufficient for regular handwashing.
(i) Ensuring that protective laundering protocols are in place.
(j) Posting signage and continually educating on the importance of social distancing,
handwashing, and personal hygiene.
(k) Practicing social distancing in all programs and classrooms—meaning a distance
of at least six feet between people in any meeting, classroom, or other group.
(l) Minimizing crowding, including interactions of groups of 10 or more people,
which may include scheduling more times for meal and recreation to reduce
person-to-person contact.
2. To mitigate the risk of COVID-19 spreading in county jails, strict compliance with
the capacity and procedural requirements regarding county jail overcrowding states
of emergency in the County Jail Overcrowding Act (“CJOA”), 1982 PA 325, MCL
801.51 et seq., is temporarily suspended. While this order is in effect, all actions that
would be authorized under the CJOA in the event of a declaration of a county jail
overcrowding state of emergency are authorized and shall remain authorized
without regard to any reduction in jail population or any other such limitations on
the duration of authorization imposed by the CJOA.
3. Anyone authorized to act under section 2 of this order is strongly encouraged to
consider early release for all of the following, so long as they do not pose a public
safety risk:
(a) Older people, people who have chronic conditions or are otherwise medically
frail, people who are pregnant, and people nearing their release date.
(b) Anyone who is incarcerated for a traffic violation.
(c) Anyone who is incarcerated for failure to appear or failure to pay.
(d) Anyone with behavioral health problems who can safely be diverted for
treatment.
4. Effective immediately, all transfers into the Department’s custody are temporarily
suspended. Beginning seven (7) days from the effective date of this order, and no
more than once every seven (7) days, a county jail or local lockup may request that
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the director of the Department determine that the jail or lockup has satisfactorily
implemented risk reduction protocols as described in section 1 of this order. Upon
inspection, if the director of the Department determines that a county jail or local
lockup has satisfactorily implemented risk reduction protocols, transfers from that
jail or lockup will resume in accordance with the Department’s risk reduction
protocols. The director of the Department may reject transfers that do not pass the
screening protocol for entry into a facility operated by the Department.
5. Parole violators in the Department’s custody must not be transported to or lodged in
a county jail or local lockup unless the director of the Department has determined
that such county jail or local lockup has satisfactorily implemented risk reduction
protocols as described in section 1 of this order.
6. The State Budget Office must immediately seek a legislative transfer so that
counties may be reimbursed for lodging incarcerated persons that would have been
transferred into the Department’s custody if not for the suspension of transfers
described in section 4 of this order.
7. Juvenile detention centers are strongly encouraged to reduce the risk that those at
their facilities will be exposed to COVID-19 by implementing as feasible the
following measures:
(a) Removing from the general population any juveniles who have COVID-19
symptoms.
(b) Eliminating any form of juvenile detention or residential facility placement for
juveniles unless a determination is made that a juvenile is a substantial and
immediate safety risk to others.
(c) Providing written and verbal communications to all juveniles at such facilities
regarding COVID-19, access to medical care, and community-based support.
(d) To the extent feasible, facilitating access to family, education, and legal counsel
through electronic means (such as telephone calls or video conferencing) at no
cost, rather than through in-person meetings.
8. Unless otherwise directed by court order, for juveniles on court-ordered probation,
the use of out-of-home confinement for technical violations of probation and any
requirements for in-person meetings with probation officers are temporarily
suspended.
9. This order is effective immediately and continues through May 24, 2020 at 11:59 pm.
10. Executive Order 2020-29 is rescinded.

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Given under my hand and the Great Seal of the State of Michigan.

Date: April 26, 2020
Time: 8:20 pm

___________________________________
GRETCHEN WHITMER
GOVERNOR

By the Governor:

___________________________________
SECRETARY OF STATE

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