Harper v Fulton Co Ga 10th Court Report 8-2009
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Case 1:04-cv-01416-MHS Document 223 Filed 04/30/2009 Page 1 of 11 Tenth Quarter QuarterReport Reportof ofthe the Tenth Court Monitor Court Monitor Page of 11 11 Page 11 of RE:: Harper, Harper,etetal al.. v. al v. Fulton Fulton County County etetal RE CIVIL ACTION CIVIL ACTION NO. NO. 04-CV-1416-MHS 04-CV-1416-MHS Introduction It is This 2009.. It This quarterly report report covers coversthe theperiod periodfrom fromJanuary January through through March, March, 2009 based on on reading reading and and re-reading re-reading Consent Decreedocuments, documents,other otherrelevant relevantmaterials materials and and based Consent Decree meeting with involved in case, including including inmateletters letters;; meeting withall all parties involved in the the class action suit case, inmate various inmates inmates and andFulton FultonCounty CountyJail Jaildetention detentionofficers officers;; meeting with the the Sheriff Sheriff and various meeting with and reviewing jail reports on on ChiefJailer; Jailer; attending management jail reports Chief attendingjail jailstrategic strategic management meetings; meetings ; reviewing and e-mails, e-mails,telephone telephone conversations conversations and and complyingwith with Consent Consent Decree Decree orders orders;; and complying submitted in in correspondencefrom fromallallparties, parties, including Fulton Jail inmates inmates.. ItItisissubmitted correspondence Fulton County County Jail accordancewith with requirements requirementsofofSection Section VVof ofthe the Consent Decreeinin the the above above cited cited accordance Consent Decree case. As quarter report, report,Sheriff SheriffMyron Myron Freeman Freeman failed As reported reportedin in the ninth quarter failedto to be be rereSheriff isisTheodore first day elected as as Sheriff Sheriffof ofFulton FultonCounty. County . The The new new Sheriff Theodore Jackson. Jackson . His His first day 1, 2009. of his as Sheriff of ofFulton FultonCounty County was was January January 1, 2009 . One One of his first firstappointments appointments was was Riley Sheriffs Tayloras as Chief ChiefJailer Jailer over CountyJail Jail.. Upon coming intooffice, office,the the Sheriff's Taylor over the Fulton Fulton County Upon coming into initial problem s Department initial problem fully fully affecting affectingthe theSheriff Sheriff's Department was was his fiscal fiscalyear year2009 2009 budget. budget . of98 authorized 93 93.4 TheSheriff Sheriffrequested requestedaa total total budget The budget of 98 million dollars dollars and and was was authorized .4 million million However, prior final budget budget prior to to the final dollars by dollars by the theFulton FultonCounty CountyBoard Board of ofCommissioners. Commissioners . However, effort to to reach reach an decision, the the Sheriff Sheriffmet metwith witheach each Fulton Fulton County County Commissioner Commissioner ininananeffort agreementon onhis his requested budget. agreement budget. The The Sheriff Sheriff also alsomet metwith with the theMonitor Monitor and and shared shared the 93.4 with him him how how the 93 .4 million milliondollar dollarbudget budgetwould wouldimpact impactConsent Consent Decree Decree compliance. compliance . The Monitor Monitorsubsequently subsequentlymet metwith withthe the Fulton Fulton County County Defendant's Defendant'sAttorneys Attorneysand andFulton Fulton The CountyManager Manager to discuss Sheriffbudget s budget prior final decision decision..The County to discuss thethe Sheriff's prior to to itsitsfinal The Monitor Monitor expressed that that he was in disagreement with the the 93 93.4 to expressed was in disagreement with .4 million million dollar dollar budget, budget, as as opposed opposed to the Sheriffs Sheriff s requested requested budget, budget, because because it could have have an could it could an impact impacton onstaffing staffing that could prevent full compliance with the Consent Decree. As a result of these meetings, the prevent full compliance the Consent Decree . As result of these meetings, the Fulton County CountyManager Manager sent a lettertoto the the Sheriff Sheriff and detailing the reasons Fulton sent a letter and Monitor Monitor detailing reasons why why the Sheriffs budget would be 93.4 million dollars and not the Sheriffs requested budget. budget would be 93 .4 million dollars and not the Sheriffs requested budget . He the Sheriff Sheriff would would have Healso also stated stated that the haveadditional additional opportunities opportunitiesto to present present any any shortfalls in to shortfalls inhis hisbudget budget in inApril April and and June, June, 2009. 2009 . At At that thattime timedecisions decisionswould would be be made made to the April, 2009 Sheriffs increase the Sheriffs increase Sheriff's budget budget to cover cover the shortages. shortages . However, However, atat the 2009 Sheriff's budget modification modificationsubmission, submission,the the entire entire request was by the County budget was denied denied by County Commissioners.. Commissioners 1 Case 1:04-cv-01416-MHS Document 223 Filed 04/30/2009 Page 2 of 11 Tenth Quarter QuarterReport Reportofofthe the Tenth Court Monitor Court Monitor Page 22 of 11 Page The Monitor Monitorshared shared the the County Manager'sletter letter with and The County Manager's withJudge JudgeMarvin Marvin Shoob Shoob and expressed disagreement with County Manager's .4 million million expressed his his disagreement with the the County Manager'sreasons reasonsfor forthe the 93 93.4 also thought thought that that this withthe the dollar budget. budget. The The Monitor Monitor also this could could impact impact compliance compliance with Consent Decree . Therefore, Therefore, to to insure insure that thatthe theSheriffs Sheriff budget s budgetisisadequate, adequate,Judge JudgeShoob Shoob Consent Decree. issued an an ORDER ORDER that . . .If theSheriff Sheriffbelieves believesthat that CountyDefendants Defendants have have thatstated stated:: " ... lfthe thethe County appropriated insufficient insufficient funds with the Consent Decree,then thenhe he appropriated funds for forhim him to tocomply comply with Consent Decree, should first first notify and seek seekadditional additional funding funding.. If should notifythe theCounty County Defendants Defendants and Ifthe thenecessary necessary fundingis is not not provided, provided, then then the the Sheriff Sheriff should should notify notify the Court, and aa hearing hearing will will be be funding Court, and scheduled determine whether whether the County County Defendants in contempt. contempt. If If scheduled to to determine Defendants should should be be held held in found in contempt, possible sanctions will include not only monetary fines but possible found in contempt, possible sanctions will include not only monetary fines but possible incarceration of individual individual defendants." defendants ." Thefirst first visit tenth quarter quarter report was The visittotoFulton FultonCounty County during during the the Court Court Monitor's Monitor's tenth was January 14, 15, and 16,2009. Throughout this visit, the Monitor conducted or January 14, and 16, 2009 . Throughout this visit, the Monitor conducted or participated in meetings andtours tours with withthe the following followingparties parties and andentities entities:: participated meetings and • • • • • • • Sheriff Jackson, Sheriff Jackson, Plaintiffs Plaintiff'sCounsel Counsel (Steve (Steve Bright), Bright), and and Chief Chief Taylor Taylor in Sheriff s Office; Sheriff's Office ; Weekly management meeting on Consent Consent the Fulton Fulton County CountyJail Jail on Weeklystrategic strategic management meetingatatthe Decree compliance complianceissues issues;; Decree Chief Taylor and and staff staff discuss Chief Taylor discuss staff staffdeployment deployment and and future futureinmate inmate programs; programs ; Fulton County Department discuss and and tour tourMEP MEP Fulton County DepartmentofofGeneral GeneralServices Services to discuss projects the Fulton Fulton County County Jail projects in the Jail and and the the medical medicalclinic's clinic's relocation relocation;; All Consent Decree theFulton FultonCounty County Attorney's Attorney's board board room room to All Consent Decreeparties parties in the to discuss the the Monitor's Monitor's ninth quarter quarterreport reportand andtotomeet meetthe thenew newFulton FultonCounty County Sheriff; Fulton totodiscuss FiscalYear Year(FY) (FY) 2009 2009 budget budget Fulton County CountyManager Manager discussthe the Sheriff Sheriff'ss Fiscal proposal; and proposal ; and Chief Law Clerk Michael Michael Robinson, Robinson, Sheriff Sheriff Shoob, Chief Federal Judge Judge Marvin Marvin Shoob, Law Clerk ChiefTaylor Taylor to to discuss Sheriff Jackson's administration and Jackson, and and Chief Jackson, Jackson's new new administration and the Sheriff's Sheriff'spossible possibleFY FY 2009 2009 budget. budget . ItItwas that the the was during during this meeting meeting that Sheriff expressed expressed to to Judge Judge Shoob Shoob that would like Monitor to come come to that he would like the Monitor to an effort to Fulton County once a month (as opposed to every three months) in Fulton County once a month (as opposed to every three months) in an effort to aid the the Sheriff's Sheriff sDepartment Department in inreaching reachingand andmaintaining maintaining Consent Consent Decree Decree compliance. compliance . The Fulton County County during period was was February The Monitor's Monitor'ssecond secondvisit visit to to Fulton duringthis this period February 2 Case 1:04-cv-01416-MHS Document 223 Filed 04/30/2009 Page 3 of 11 Tenth Tenth Quarter QuarterReport Reportofofthe the Court Court Monitor Page33 of of 11 11 Page this visit, visit, the participated in in 11, 12, 12, and and 13,2009. 13, 2009 . Throughout Throughout this theMonitor Monitor conducted conducted ororparticipated meetingsand andtours tourswith withthe thefollowing followingparties partiesand andentities entities:: meetings Jackson's public meeting in board room room with • Sheriff Jackson's public safety meeting in Sheriff's board withlocal local public safety officials in attendance; public safety officials in attendance ; alternative to toincarceration incarcerationprograms programs ChiefTaylor Taylorand andstaff staffto to discuss discuss future alternative • Chief that could be be implemented implemented inin and that could andaround aroundthe the Fulton FultonCounty CountyJail Jail;; Chief Taylor and Jail Jail command staff to • Chief Taylor and command staff to discuss discussConsent Consent Decree Decree compliance compliance issues and and status status;; issues Sheriff'sFY FY 2009 2009 budget • County CountyAttorney Attorneytoto discuss discuss the Sheriff's budget;; • Chief Consent Decree Decree strategic strategicmanagement management meeting; meeting ; Chief Taylor's Consent • Superior Superior Court CourtChief ChiefJudge, Judge,Sheriff SheriffJackson, Jackson,and andChief ChiefTaylor Taylor visit the the totovisit court's alternatives alternatives totoincarceration incarcerationprograms; programs ; Note: During this visit, Monitorwas was hospitalized hospitalizedon onFebruary February 13, 2009. 2009 . Note: During this visit, thethe Monitor He weeks before Heremained remainedininthe theAtlanta Atlantahospital hospitalfor for six six weeks before returning returning to hishome home in inBaltimore, Baltimore,Maryland. Maryland . to his Duringthis this reporting period effort During period (January (January through through March, March, 2009), a tremendous tremendous effort concerning items hashas been initiated concerning Consent ConsentDecree Decreecompliance compliance items been initiatedbybythe the new newSheriff's Sheriff's administration.. Many of the complianceitems items have have received received administration Many of the major major Consent Consent Decree Decree compliance continuous Consent Decree Decree items were not addressed by continuous attention attention.. Consent items that that were not addressed by the the previous administration agenda of anticipated Monitorthat thatmany many administration are are on on the the agenda ofthe the Sheriff Sheriff.. ItItisisanticipated bybythetheMonitor Consent will ConsentDecree Decreeitems items willreceive receivenear nearororfull full compliance compliancestatus statusinin future future reports reports.. The Chief ChiefJailer Jailer submitted 2009)monthly monthlyreports reportstoto The submitted his (January (January through through March, March, 2009) of those those comments, the Monitor Monitor for for his hisinformation, information, comments,and andrecommendations. recommendations . The The summary summary of reports is is presented section.. reports presented in the the following following section STATI STATISTICAL STICAL STAFFING STAFFINGREPORT REPORTSUMMARY SUMMARY Quarterly 2009 through through March March31, 31, 2009)Housing 2009)HousingOfficers Officers Quarterly Report Report (January (January 01, 2009 33 Case 1:04-cv-01416-MHS Document 223 Filed 04/30/2009 Page 4 of 11 Tenth Quarter Report of the Court Monitor Page 4 of 11 HOUSING AREA FLOOR OFFICERS vs MANDATED POSITION January 01 -AAarch 31, 2009 Combined Shifts----- 150 4 --T-- - - ~ 140 I ~ 120 130 - _- _ h ~- N -- _- q+ _ ~- H N - ._ T - _- - ~W`l - W - - N - J pp HOUSING AREA FLOOR OFFICERS vs MANDATED POSITIONS January 01 -March 31, 2009 7 .3 SHIFT 60 i 50 ' 40 30 I-~_20 ~ 1fl - ~ _ - .-, -- - --- Of 4] - - --~ . ~ __ . ~ ~ - - - -- -- 0 ~0 N N 6i ~ N N O~ HOUSING AREA FLOOR OFFICERS vs MANDATED POSITIONS January 01 - March 31, 2009 S 50 40 30 20 --- - - - - ~ ~-~ Y ~. ., __ --- `- - -- - -_ 10 , ., ~ t] N ~3i U1 N W ff~~(!l 1n N Ot llQQ 3-11 ACTUAL --$- MANDATED STAFF HOUSING AREA FLOOR OFFICERS V s MANDATED POSITIONS January 01 - March 31 , 2009 11-7 Shift 50 ao 30 _ ~ _- ---•-------. - -~-- - -_ _ T _ 20 10 0 ~-- ~n ~ ~ 2 r ~ A rv o~~o1 [~ 44 z;j u~i ` M m M ~n1 [~ ~ Case 1:04-cv-01416-MHS Document 223 Filed 04/30/2009 Page 5 of 11 Tenth QuarterReport Reportofofthe the Tenth Quarter Court Monitor Court Monitor Page 55 of 11 Page OSITIONS HOUSING OFFICERS OFFICERS POSITION POSITION REPORTING POSITIONS HOUSING REPORTING vs vs MANDATED MANDATED P January 01 01 -- March 31, 2009 2009 January March 31, 4,450 4 , 450 - -~ - --- -I 4 ,39 2 ~ 0 ------~--------_-- - 4,400 4, 4 00 '~ -- ~ ,3 4 Z 4,350 4,300 4,3501 MANDATED 4,300 MANDATED 7-3 11-7 11-7 3-11 3-11 7-3 . 6°/O STAFF SHIFT SHIFT (98.5%) SHIFT (99 (99.1 (99.6%) STAFF (88 . 5°/4 SHIFT . 1 %) °/~ SHIFT SHIFT (99 to Housing Housing Officers Overall Compliance Rating:: 99.060/0 relates to Officers Compliance Rating 99.06% asasitit relates March 31, Quarterly Report 2009 through March 31, 2009) Housing Quarterly Report (January (January 01, 2009 Supervisors Supervisors HOUSING SUPERVISORY SUPERVISORYPOSITIONS POSITIONS vs MANDATED POSITIONS HOUSING MANDATED POSITIONS January January 01 --Merck March31, 31, 2009 8 7 7 ~ ∎ rr 717 6 5 4 33 2 7F ~ ae 1 _ XT w~ q,. lu . .~r∎ ∎ ∎∎ ~a as a.~ .~ 7 ~- _ - 7 1 o0 1 ~. -- Y-~- - - - -- - - - -_ 1-+-11-7 ACTUAL --3-11 ACTUAL ---7-3 ACTUAL -MANDATED STAFF I SUPERVISORY POSIT POSITION vs MANDATED POSITIONS SUPERVISORY I ON REPORTING REPORTING vs MANDATED POSIT IO N S (HOUSING ONLY) Janu January 31, 2009 (HOUSING a ry 01 01 -- March March 31, I 620 623 640 -~ -~- - - -- 620 1 ~. 595 _ 592 600 580 ~'580 560 _ - - -~'~ MANDATED 11 -7 33-11 - 11 77-3 -3 MANDATED 11-7 FF SHIFT 3 . 9%4 SH I FT ((98.9%) 9 8 . 9°/4 STAFF SHIFT (9 (94.4°/~ SHIFT (9 (93.9"1~ SHIFT STA 4. 4 %q}' SHIFT Overall Compliance Compliance Rating: Rating : 95.7% regards to toHousing Housing SupervIsors Supervisors 95.7 % asasit it regards 55 Case 1:04-cv-01416-MHS Document 223 Filed 04/30/2009 Page 6 of 11 Tenth TenthQuarter QuarterReport Reportofofthe the Court Monitor Monitor Court Page6 6ofof11 11 Page Annex Quarterly Report Report (January (January 01, 01, 2009 2009 through through March March31, 31, 2009) 2009) Bellwood Bellwood Annex Quarterly MANDATED POSITIONS BELLWOODANNEX ANNEX· HOUSING OFFICER OFFICER POSITIONS POSITIONS vs vs MANDATED POSIl10NS BELLWOOD - MOUSING January March 31, January01 01 -- March 31, 2009 2009 66 55 44 33 Z2 1 7- - - - _ - -- - _~ ---- - - , :: w-- __ - a 1........ __ . _ ~. ~ . - _ - _ ___ _ --- ~ _ - ~ a 11-7 ACTUAL -3-11 ACTUAL ---7-3 ACTUAL -+-MANDATED STAFF I HOUSING OFFICER OFFICER POSITION POSITION REPORTING vs MANDATED MANDATED POSITIONS POSITIONS HOUSING REPORTING vs 2009 (BELLWOOD ANNEX)January January March331, (BELLWOOD ANNEX) 0101· -March 1 , 2009 450 450 . 450 - , 450 45( ----- 449.5 .5 449 449- 449 449 ~' 448.5 448 .5 - ,.` MANDATED MAN DATE D STAFF STAFF 11-7 11-7 7-3 11-7 11-7 7-3 (100°/o SHIFT SHIFT (99 (99.8%) SHIF T ((100%) 1 00 °/4 SHIFT .80/4 SHIFT SHI F T (100%) Compliance Rating:: 99 99.9% relates to Officers .9% asasitit relates toHousing Housing Officers Compliance Rating 2009 through March31, 31, 2009) 2009) Bellwood through March Bellwood Quarterly Report Report (January (January 01, 2009 Supervisors HOUSING POSITION REPORTING vs v s MANDATED POSITIONS POS ITIO NS HOUS I NG SUPERVISOR SUPERVI S OR POSIT I ON REPORTING 4 1 - March M arch 31, 31 , 2009 (Bellwood ( B e ll wood & & Marietta Mar ietta Blvd Blv d Annex Anne x Facilities) Fac iliti es) January 01 -- 100 80 80 60 40 4Q 20 20 ao 100 100 y r -- -- -I ~ - - - - - .140 100 -- ---fir- ~ MANDATED 11-7 3-11 7-3 -7 311 7-3 MANDATED 11 SHI FT (100°/0) ( 700 %) SHIFT STAFF SHIFT SHIFT(1000/4 (1000/0) STAF F SHI F T (1000/0) ( 100°/4 SHIFT 66 i --~ -ii . Case 1:04-cv-01416-MHS Document 223 Filed 04/30/2009 Page 7 of 11 TenthQuarter QuarterReport Reportofofthe the Tenth Court Monitor Monitor Court Page Page77ofof11 11 as itasrelates 100% it relatestotoBellwood BellwoodHousing HousingSupervisors Supervisors ComplianceRating Rating:: 100% Compliance RY SUMMARY SUMMA This will sections, This summary summary willhighlight highlightvarious variousnon-compliance non-compliance sections,subsections, subsections, and the Consent ConsentDecree Decree that that arearedetailed detailedininthe theappendix appendixsections sectionsofofthis this anditems itemsofofthe report.. However, theconclusion conclusionofofthis thisreport, report, aa list list of nonHowever, ininthe ofall allConsent Consent Decree Decree nonreport complianceitems itemswill will be be presented presented.. compliance During new Sheriff's administration has Duringthis this quarter, quarter, the new Sheriff s administration has achieved achievedsuccess successinin However, manyConsent ConsentDecree Decreeitems, items,when whencompared compared theformer formeradministration administration.. However, many to tothe The there are Consent Decreeitems items thatare arestill still in need there Consent Decree that need of of a great great deal deal of ofwork. work . The ChiefJailer Jailer has that as as the the new administrationmatures, matures,allallitems items Chief has assured assured the Monitor Monitor that new administration Items still need of of attention attention in the Decreewill will be be in or still ininneed the Consent Consent Decree or near nearcompliance. compliance . Items are listed in sectionof ofthis this report report.. Likewise, Likewise,the theGeorgia GeorgiaDepartment Department in the the conclusion conclusion section of unsuccessful in in reaching full compliance of Corrections Corrections was was unsuccessful reaching full compliance with with the mandated mandated of the Consent Decree relevant to it. The following section presents the section . The following section presents the section of the Consent Decree relevant to it Decree items items:: status status (compliance (compliance or or non-compliance) non-compliance) of major major Consent Consent Decree MAJOR CONSENT CONSENTDECREE DECREEITEMS' ITEMS' COMPLIANCE MAJOR COMPLIANCE OR OR NONCOMPLIANCE STATUS STAFFING This is is seen seen Staffing has during this this period has improved improved during period in inan anoutstanding outstanding way. way . This ofof Consent in both both officer officerand andsupervisor supervisorstaffing staffing ConsentDecree Decreemandated mandated post During the first firstquarter quarterofofthe thenew new administration, administration, significant significant Consent Consent assignments. assignments .During ofthe the Decree complianceinitiatives initiatives and efforts are Decree compliance and efforts aremajor major components components of As previously previously presented administration's presentedinin the the Chief ChiefJailer's Jailer's administration's daily daily procedures. procedures .As Section of this report, report,staffing staffingand andovertime overtime statistics statistics showthe theprogress progressmade made during during Section of this show this However, even even with these these successes, successes,much much compliance compliance this period period of of evaluation. evaluation .However, Thisstaffing staffingitem itemhas hasnot notreached reachedcompliance. compliance . work remains to to be work remains be completed. completed .This POPULATION During this reporting 2009), because because the the During this reporting period period (January (January through through March, March, 2009), the jail jail had allow medical sectionofofthe medical section had to relocate to to other other parts parts of of the thejail jailtoto allowthe theMEP MEP 7 Case 1:04-cv-01416-MHS Document 223 Filed 04/30/2009 Page 8 of 11 Tenth Quarter QuarterReport Reportofofthe the Tenth Court Monitor Monitor Court Page Page88of of 11 11 project to proceed with renovations, renovations, the main jail's population project proceed with main jail's population capacity capacity changed changed . The average daily inmate count in the main jail, during this from 1,842 to 1,638. The average daily inmate count in the main jail, during this from 1,$42 to 1,638 period, was 1,668.. The The reduction reduction in in inmate inmate population population at atthe themain mainFulton Fulton County County period, was 1,668 . As a result of Jail is attributed to additional beds contracted with other county jails. As a is attributed to additional beds contracted with other county jails the inmate inmatepopulation populationreduction, reduction,thetheclosing closingofofthe theMarietta Mariettafacility facilitylocated locatedononthe the the Fulton County CountyJail Jail complex complexwas wasinitiated initiated in in late late December, 2008.. The The population population Fulton December, 2008 control efforts efforts made bythe thenew newadministration administration bring Sheriffclose closetotofull full control made by bring thetheSheriff compliancewith withthe the population population mandates of the compliance mandates of the Consent Consent Decree. Decree . HOUSING HOUSING Duringthis this reporting During reporting period, period,Fulton FultonCounty County outsourced outsourced Fulton Fulton County County inmates to to Atlanta Atlanta City City Jail, Jail, Dekalb Jail, Union CityJail, Jail, and inmates Dekalb County County Jail, Union City and Hall County. County . Housinginmates inmatesininthese these facilities facilities allowed Housing allowedFulton Fulton County County to maintain maintain Consent Consent Fulton County County Jail Decree housing housingcompliance compliancewithin withinthe theFulton FultonCounty CountyJail Jail.. Fulton Jail Decree housing item has inmates are are no no longer longer being being housed housedininSouth SouthGeorgia Georgiajails jails.. The inmates The housing reached compliance. n ce . reac hed complia MEDICAL SERVICES Duringthis this reporting period, project, the During period, because because of of the theMEP MEP project, the Main Main Medical Medical Clinic, Medical ObservationUnit, Unit, and and the the Acute AcutePsychiatric Psychiatric Units Units were were temporarily temporarily Clinic, Medical Observation nd relocated to to the North Tower floorofofthe theJail Jail.. The hasresulted resulted in in relocated North Tower of of thethe 2°d2 floor The move move has several challenges health care to challenges to providing providing health to the theinmates inmates in in an an environment environment The challenges challenges conduciveto to appropriately appropriately addressing the conducive the inmates' inmates' medical medical needs. needs .The Thus, the the dental dental and and xare caused by available available space, equipment, equipment,and andfacility facility design. caused by design . Thus, ray operations have number of ofinmates inmatesgetting gettingaccess access ray operations have been beenaffected affectedresulting resulting in the number These operations operationshave haveexperienced experiencedabout about20% 20% to to27% 27% to dental and services..These to and x-ray x-ray services reductioninin patients patients brought broughttotothe theclinic clinic for for these services. reduction services . INMATE GRIEVANCES INMATE GRIEVANCES The Inmate Grievances GrievancesProcedures Procedureshave havebeen beenimproved improvedsignificantly significantly and and The Inmate compliance. operate effectively. The The Inmate Inmate Grievance Gri evance item has ha s reached compliance. operate effectively. INMATE INMATE RELEASES RELEASES The Inmate Release Release Process Process continued continued to have are delayed The Inmate have inmates inmates who who are Most of beyond the 24-hour 24-hourperiod period that that is in the of these beyond the ismandated mandated in the Consent Consent Decree. Decree .Most delays were attributed to agenciesthat that must mustbebenotified notified by bythe the were attributed to other other law law enforcement enforcement agencies 8 Case 1:04-cv-01416-MHS Document 223 Filed 04/30/2009 Page 9 of 11 Tenth Quarter QuarterReport Reportofofthe the Tenth Court Monitor Court Monitor Page Page99of of ll 11 Sheriff to to pick up their their particular inmates. verylittle little agency contact Sheriff pick up inmates . Although Although very agency contact informationwas wasprovided provided Sheriff,the theChief Chief Jailerreports reportsthat that he he has has information by by thethe Sheriff, Jailer experienced these agencies agencies are are notified notified numerous numerous times timesbefore before they they experiencedthat that many manyofofthese respond, resulting resulting in before pick pick up. the respond, in days, days, and and in insome some cases weeks, weeks, before up . Among Among the longest delays delays are arethose thoseinmates inmatesawaiting awaitingpick pickupupbybyImmigration ImmigrationCustoms Customs Enforcement.. Lastly, fromthe the courts courts Enforcement Lastly,release releasedelays delayscaused causedby by release releasepaperwork paperwork from have greatly greatly been beenreduced reducedduring duringthis thisperiod periodfrom fromdozens dozens typicallyless less than than aa half half have tototypically dozen per week. dozen week . EMERGENCY EVACUAT EVACUATION PLAN EMERGENCY ION PLAN Developingananadequate adequateFulton FultonCounty CountyJail Jail inmate staff emergency Developing inmate and and staff emergency evacuationplan plancontinues continuestotobebea ahigh highpriority priorityneed needfor forthe theJail Jail.. However, there are are However, there evacuation majorefforts efforts being initiated by major being initiated bythe thenew new administration administration to todevelop develop aa comprehensive comprehensive emergencyevacuation evacuation plan plan.. Other include,asasmandated, mandated, firedrills drills emergency Other improvements improvements include, fire The conductedatatthe themain mainJail, Jail, Bellwood, Bellwood,Marietta, Marietta,and andAlpharetta Alpharetta facilities.. The conducted facilities EmergencyEvacuation EvacuationPlan Planitem itemhas hasnot not reached reached compliance compliance.. Emergency CAMERAS AND TAPING CAMERAS TAPING SYSTEMS SYSTEMS Cameras Camerasand andtaping tapingsystems systemsare areininserious serious need needofofrepair repair and/or and/or replacement replacement.. At the present time, many of the cameras are working. However, the system system At the present time, many of the cameras are working . However, the Fulton County County now continues to be in in need need of of total total replacement. nowrecognizes recognizes the the replacement . Fulton importance Consent Decree ofthis this Consent Decreeitem itemand andhas hasallocated allocated$1$1million milliontotoreplace replacethe the importanceof The new new administration existing system system.. The administration existing system with with aamore more adequate adequate and and modem modern system was officials was very verypersistent persistent inin convincing convincingCounty County officialsofofthis thiscritical critical need need.. The The Camerasand andTaping TapingSystem System itemhas hasreached reachednear nearfull full compliance. Cameras item compliance . SECURITY ROUNDS Althoughrecords records indicate indicate near with Although near perfect perfectConsent Consent Decree Decree Compliance Compliance with Jailer reports security round, round, the Chief Chief Jailer reports two two isolated isolated incidents incidentswhere where the actual actual round round made differed from identified and made differed from round round recorded. recorded . The The individuals individuals have have been been identified and progressive discipline will progressive discipline will be be pursued. pursued . This This is isaastrong strongindication indication that thataamodem modern system necessary . Such Such a ofcomputerized computerizeddigitized digitizedrecords recordstotoaacentral central location location is is necessary. systemof system will prevent falsified rounds system will prevent falsified rounds from from being being recorded. recorded .Security Security rounds rounds has near full full compliance. reached reached near compliance . 9 Case 1:04-cv-01416-MHS Document 223 Filed 04/30/2009 Page 10 of 11 Tenth Quarter QuarterReport Reportofofthe the Tenth Court Monitor Court Monitor of 11 11 Page10 10of Page GEORGIA DEPARTMENT DEPARTMENT O OF (DOC) F CORRECTIONS CORRECTIONS (DOC) GEORGIA Duringthis this reporting reporting period, there the pick pick During there has has been been aa small small improvement improvement ininthe up of of inmates havebeen beensentenced sentencedtoto the the Georgia Georgia Department DepartmentofofCorrections Corrections up inmates who who have (DOC).. However, the DOC continuestotoreceive receivestate state sentenced inmates according according However, the DOC continues sentenced inmates (DOC) of processing or receiving receiving to their their protocols protocols and and there there continues continues to be be no no real real system system of processing or their inmates bywhich whichthe theSheriff Sheriffororthe theChief ChiefJailer Jailer can canassess assesstheir their effectiveness effectiveness or or their inmates by There was was also no change timeliness in also no changeinin the the pick pick timeliness in processing processing and and receiving receiving them. them . There ups DOC ofofsome were sentenced to toPrison someinmates inmateswho who were sentenced PrisonAlternative Alternative ups by by the DOC The most most recent by by thethe Chief Jailer thisparticular particular Programs.. The recent review reviewconducted conducted Chief Jailerofofthis Programs category of of inmates indicates that half of category inmates indicates that approximately approximately half of the the inmates inmates being being sentenced sentenced Rather, they they are are being being into these into theseprograms programs are are not notbeing beingpicked pickedup upby bythe theDOC. DOC . Rather, released by they remain beyondthe thetime timeperiod periodthat that released by the sentencing sentencing Judge, because because they remain beyond the Judges for the to receive receive them. received sharp sharp Because the the DOC DOC received the Judges allowed allowed for theDOC DOC to them . Because decreases itsbudget budget that thatcaused causedprogram program cuts, Fulton County County Judges decreases in in its cuts, Fulton Judgesare are forced forced to to either release withoutbenefit benefitofoftreatment treatmentoror either release the theinmates inmates back back into into the thecommunity community without This results resultsininthethe Fulton CountyJudges Judges having having to to modify modify sentences. sentences . back to to prison. Fulton County back prison . This These inmates likely quick order The Georgia Georgia These inmatesarearehighly highly likelytotoreturn returntotojail jail in quick order.. The DepartmentofofCorrections Corrections item item has has not not reached Department reached compliance. compliance . COUNTY DEFENDANTS It continues that the successful It continues to to be be the the opinion opinion of the the Monitor Monitor that the most most successful parts of result from the efforts parts of the theConsent Consent Decree Decree result from the effortsmade made by by the County County Commissioners in the funding of the MEP projects, the outsourced facilities,staffing staffing Commissioners in the funding of the MEP projects, the outsourced facilities, the Fulton Jail, and funding to to replace the existing Fulton County County Jail, and providing providing funding existing cameras cameras and and . Although the MEP projects are an integral part of the success of the taping system. Although the MEP projects are an integral part of the success of system ConsentDecree, Decree, problems problemsare arebeing beingexperienced experiencedwith withshowers showersononhousing housingunits units as as Consent well theinmates inmatesininthe thecells cells.. well as with with cell cell door door locks locks that thatare arebeing beingcompromised compromised bybythe Moreover, theCounty County refusestotoapprove approve additionalstaff staffasaslong longasasthe the Fulton Fulton Moreover, the refuses additional This creates creates problems problems because CountyJail Jail has vacancies. becausethe the vacancies vacanciesare are County vacancies . This scheduledtotobebefilled filled.. The Thejail jail cannot cannotwait waituntil untilall all vacancies vacanciesare arefilled filled before beforeitit gets gets scheduled approval for for additional additional staff. staff. approval INMATE IN~CUSTODY DEATH REPORTING PERIOD INMATE IN-CUSTODY DEATH FOR FOR THIS REPORTING Duringthis this reporting period, death under under the the custody custody of of During period, there therewas was one one inmate inmate death the Sheriff Sheriffs office.. This reported to the This inmate inmate death death was was promptly promptly reported the Monitor. Monitor . s office 10 Case 1:04-cv-01416-MHS Document 223 Filed 04/30/2009 Page 11 of 11 Tenth Tenth Quarter QuarterReport Reportofofthe the Court Monitor Court Monitor Page Page 11 11 of 11 CONCLUSION C ONC LUSION In conclusion, conclusion, the represents the sections, subsections, subsections, and and items the following followinglist list represents items within the with which whichdefendants defendants are are not in within the Consent Consent Decree Decree with in compliance: compliance : •• Security Security Round Roundss -- (Section 15) responsibility responsibility (Section III, III,subsection subsection A, A, item item 15) Sheriff • Processing InmateReleases Releases(Section (SectionIII, III, Processing of Releases Rel eases -- Delayed Delayed Inmate subsection subsection C, C, items items 22 22 and and23) 23)responsibility responsibility Sheriff Sheriff and Security Main Jail JailUniform Uniform Officers Officers- -99% 99% and and Housing Housing • Staffing and Security:: Main Supervisors -- 95 95.7% compliance, Marietta and Bellwood Uniform .7% Marietta and Bellwood Uniform Officers - -99% 99% and Housing Housing Supervisors 100% compliance Officers Supervisors --- 100% compliance (Section (Section A, items 25 and 27) responsibility Sheriff IV, subsection IV, subsection A, items 25 and 27) responsibility Sheriff • Medica Medicall Care Care-- (Section (SectionIV, IV,subsection subsectionr,J, item item 80) 80) responsibility responsibility Sheriff • Mentally Mentally Ill III Inmates (SectionIV, IV, subsection subsectionL, L, items items 91 91 and and 92) 92) Inmates - - (Section responsibility Sheriff Sheriff andand Preparedness - (Section IV, • Emergency EmergencyProcedures Procedures Preparedness - (Section IV,subsection subsection M, M, items 93) 93) responsibility responsibility Sheriff items Sheriff Thecompliance compliance statusofofall all Consent ConsentDecree Decree items listedabove aboveisisreported reportedinin The status items listed Jailer's monthly quarter reports reports.. The the Chief Chief Jailer's monthly reports and and the Monitor's Monitor's quarter The Monitor Monitor providesthe the quarter quarter report report to to the the Federal Court, Sheriff, Sheriff, Chief ChiefJailer, Jailer, County provides Federal Court, County Defendants, counsel for their review review and and response. response . This This 10th quarter 10th quarter Defendants,and andPlaintiff's Plaintiff's counsel for their report the first firstsuch suchreport reportof ofthe thenew new Sheriff's Sheriff s administration. administration . Although Although there report is is the remain some someConsent ConsentDecree Decree itemsthat thatare are not not in compliance, remain items compliance, the the new new administration very aggressive aggressive in addressing addressing these items. items . The The Monitor Monitor anticipates administration is is very anticipates that in in future future quarters quarters significant significant successes successes will be be achieved achieved by bythe theSheriff Sheriffinin complyingwith withall all Consent items.. complying Consent Decree Decree items Respectfully submitted, Respectfully submitted, Calvin A. A. Lightfoot Lightfoot Court Monitor Monitor April 28, 2009 I111