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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

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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

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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

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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

 

 

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