Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 1 of 45

Seventh
Quarterly Report
Reportof
of the
Seventh Quarterly
Court Monitor
Court
Monitor
Page 11 of
of91
Page
91

FILED IN CLERK'
CLERK'SS OFFICE
FILED
U.S.D.C.
Atlanta
U .S .D .C . Atlanta

RE:
RE

Harper,etet al
al.. v.
al
Harper,
v . Fulton
Fulton County
County etet al
CIVIL
ACTION
NO.
04-CV-1416-MHS
.
04-CV1416-MHS
CIVIL ACTION NO

Introduction

UJUL
L11 O088 2008

r

HAT TEN, Clerk
JAMES N
N.. HATTEN.
Clerk
JAMES
By:
By:

Deputy
Ci eric
~ Deputy Clerk
Y U"a

based
This
This quarterly report
report covers
covers the
theperiod
periodfrom
from April
Aprilthrough
through June
June 2008.
2008 . ItItisisbased
on reading
reading and
and re-reading
re-reading Consent
Decreedocuments,
documents,other
otherrelevant
relevantmaterials
materials and
and
on
Consent Decree
inmate
letters;; meeting
withall
all parties
parties involved
involvedininthe
the class
class action
action suit
suit case, including
inmate letters
meeting with
including
meeting with the Court
Court
various inmates
inmates and
andFulton
FultonCounty
County
Jaildetention
detentionofficers
officers;; meeting
various
Jail
attendingjail
jailstrategic
strategic
management meetings;
meetings; tours
tours of
of facilities
that are
are utilized
Auditor;; attending
management
facilities that
Auditor
to house
Jail inmates;
house Fulton
Fulton County
County Jail
inmates ; reviewing
reviewing jail
jailreports
reportsononcomplying
complying with
with Consent
Consent
Decree
orders;
and
e-mails,
telephone
conversations
and
correspondence
from
all
parties,
Decree orders ; and e-mails, telephone conversations and correspondence from all parties,
including
Countyjail
jail inmates.
submitted
of
including Fulton
Fulton County
inmates . ItItisis
submittedininaccordance
accordance with
with requirements
requirements of
Section VV of
of the Consent
Decreeininthe
the above
abovecited
cited case
case..
Section
Consent Decree

Thefirst
first visit
Aprill,
The
visittotoFulton
FultonCounty
County in the
the seventh
seventh report was
was April
1, 2, 33 and
and 4,2008.
4, 2008 .
Throughout
thisvisit,
visit, the
conductedororparticipated
participated in
in meetings
meetings and
andtours
tours
Throughout this
the Court
Court Monitor
Monitor conducted
with
with the following
following parties
parties::
Weekly strategic
management meetings
at atthe
• Weekly
strategic management
meetings
theFulton
FultonCounty
CountyJail
Jail on
on
compliance with
with the Consent
compliance
Consent Decree;
Decree ;
• Chief
forupdate
updatebriefing
briefingononcompliance
compliance with
with the
theConsent
Consent Decree;
Decree ;
Chief Jailer
Jailer for
and appropriate staff
stafffor
forbriefing
briefingononthe
theinmate
inmateGrievance
Grievance program
program and
• Sheriff and
and
Internal Affairs
Jail investigations;
Affairs Jail
investigations ;
Toured the
department training
academy totoobserve
Sheriffss department
training academy
observeaacadet
cadet class
class..
• Toured
the Sheriff
Conversations
with individual
individual cadets were
engagedand
andquestions
questionswere
werefielded
fielded
Conversations with
were engaged
concerning the Consent
Consent Decree;
Decree ;
concerning
• Fulton
Fulton County
CountyInterim
InterimAttorney
Attorneyfor
forintroduction
introductionand
andupdate
updatebriefing
briefing on
onthe
the
County's
compliance with
with the
the Consent
County's compliance
Consent Decree;
Decree ;
ofthe
theFulton
FultonCounty
County
Jailtotoobserve
observeconditions
conditionsandand
talktoto
• Toured
Touredparts
partsof
Jail
tototalk
inmatesand
andunit
unit detention
detentionofficers
officers;;
inmates
ofof
General
Services
• Fulton
Fulton County
CountyDepartment
Department
General
Servicestotoreceive
receiveaabriefing
briefing on
on time
time
lines
ofthe
theMechanical,
Mechanical,Elevator
Elevatorand
andPlumbing
Plumbing (MEP)
(MEP) project
project and
and moving
movingthe
the
lines of
Fulton County
CountyJail
JailMedical
MedicalUnit
Unittotoa aseparate
separatelocation,
location, while
whilerenovations
renovationsofofthe
the
Fulton
current medical
medical space is
isunderway;
underway ;
•• Judge
Shooband
andMichael
MichaelRobinson
Robinson
updatebriefing
briefing on
on the
the County's
Judge Shoob
forforupdate
County's
compliance efforts
to the
theConsent
Consent Decree
Decree and
the Fulton
Fulton County
County
compliance
efforts to
and to introduce the
Jail's
chiefjailer;
Jail's new
new chief
jailer ; and
and

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Seventh Quarterly
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Court
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Page 22 of
of91
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• Sheriff, Chief
Jailer, and
Chief Jailer,
and other
other staff for
for aafull-end
full-endvisit
visitdebriefing
debriefingconcerning
concerning
staffing at
thethe
Jail's
need
forfor
a new
emergency
plan, the
atthe
theJail,
Jail,
Jail's
need
a new
emergency evacuation
evacuation plan,
Sheriffss department's
2008budget,
budget,moving
moving
medical
division
at the
Jail,the
the
Sheriff
department's 2008
thethe
medical
division
at the
Jail,
status of
of the
thenew
new cadets working
working post
postand
andtheir
their certifications
certifications and
and inmate
inmate food
food
serVIce.
service.
During
thisvisit,
visit, ititwas
that in order
staff the housing
units
During this
was discussed
discussed that
order to properly
properly staff
housing units
as stipulated
of the
configuration
stipulatedininthe
theConsent
ConsentDecree,
Decree, aarevamping
revamping of
the Jail's
Jail'smanagement
management configuration
mustbebedone,
done,starting
startingat
at the
the top.
Commanders
must
given
broaderjail
jail
must
top . The
The Watch
Watch Commanders
must
be be
given
broader
oversight
responsibilities.. All
to the
oversight responsibilities
All detention
detention officers
officersmust
must be
be available
available for
for assignment
assignment to
housing units
units in
housing
in order
order totocomply
comply with
with the
the Consent
Consent Decree.
Decree .The
The suggested
suggestedcommand
command
and
structure included:
included : two
two assistant chiefjailers,
chief jailers,one
oneresponsible
responsible for
for security
security operations
operations and
the other responsible
for administrative
services;; the
watch
responsible for
administrative services
thecurrent
current
watchcommanders
commanders would
would be
majorandand
have
total
responsibility
theentire
entirejail
jail on
on his/her
his/her
changed
therank
rankofofmajor
changed totothe
have
total
responsibility
forforthe
This responsibility
responsibilitywould
would extent
extenttotooff
off
periods
watch
commander. They
They
shift.. This
periods
ofof
thethe
watch
commander.
shift
and captains
captains would
would be
be
wouldreport
reporttotothe
thesecurity
securityoperations
operationsassistant
assistantchief
chiefjailer;
would
jailer; and
initiated, each
supervisorylevel
levelthat
that
assistant
this change
assistantwatch
watchcommanders.
commanders . Once
Once this
change isis initiated,
each supervisory
falls under
structurewould
wouldbeberedefined
redefined
responsibilities..
falls
under the
the change
change in
in the
the command
command structure
asastotoresponsibilities
of
Also during
during this
this visit,
Also
visit,the
theMonitor
Monitordiscussed
discussedwith
withJudge
Judge Shoob
Shoob the importance
importance of
creating
inmate population
This unit
unitwould
would be
be
creating the inmate
populationcontrol
control unit
unit by
by the
the Fulton
Fulton County
CountyJail
Jail.. This
comprisedofofjail
comprised
jail staff
staffand
andSuperior
SuperiorCourt
Courtexpediters
expediterswho
whowould
would continuously
continuously monitor
monitor
the inmate
population
in
the
Fulton
County
Jail
to
determine
if
inmates
with
minor
inmate population in
Fulton County Jail
determine if inmates with minor
charges
and
low
bails
appear
to
be
staying
in
jail
longer
charges and low bails appear to be staying in jail longer than
than reasonable.
reasonable . Once
Once these
inmates
they would
would be
of the
the counts
counts for
for immediate
immediate
inmates are
are identified,
identified, they
be brought
broughttoto the
the attention
attention of
action
Judge Shoob
Shoob expressed
initiativeand
andwanted
wanted to
to be
be kept
kept informed
informed
action.. Judge
expressedinterest
interestinin this
this initiative
of resulting
ofsuch
suchananeffort
effort..
of
resulting outcomes
outcomes of
The Monitor
Monitorvisited
visited Fulton
FultonCounty
Countyduring
duringthe
theweek
week
April21,
21,22,
22,23,
23,24
24and
and25,
25,
The
of of
April
2008.
this visit,
visit, heheconducted
participated in meetings
and tours
tours with
with the
the
2008 . Throughout
Throughout this
conducted and
and participated
meetings and
following parties
parties::
following
Chief Jailer,
Fulton County
County Jail
Medical Director
Director (Dr.
(Dr .Marcus
• Chief
Jailer, Fulton
Jail Medical
Fulton
Marcus Mosley),
Mosley), Fulton
County
Jail Health
Manger(George
(GeorgeHerron),
Herron),Fulton
FultonCounty
CountyJail
Jail food
food
County Jail
Health Program
Program Manger
services
services vender
vender (Trinity
(TrinityService
ServiceGroup),
Group), and
and Court
Court Auditor
Auditor concerning
concerning Fulton
Fulton
County Jail
County
Jail inmate
inmatefood
foodrelated
relatedhealth
health care
care issues
issues;;
•• Tour
Jefferson Street
StreetFulton
FultonCounty
County Jail
Jailwith
withFulton
FultonCounty
County Superior
Superior
of the old Jefferson
Tour of
Court
Judge Doris
Downs, Fulton
Court Chief
Chief Judge
Doris Downs,
FultonCounty
CountyGeneral
GeneralServices
ServicesDirector
Director
Willie
CountyManager
Manager
Suzanne
Alliegro
assessthe
the
Willie Hopkins,
Hopkins, and
and Deputy
Deputy County
Suzanne
Alliegro
totoassess
former
facility'spossibilities
possibilitiesforfor
DrugCourt
Court use
use for
for drug
drug court
court offenders
offenders
formerjail
jail facility's
Drug

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Seventh
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Court
Court Monitor
Monitor
Page
of91
Page 33 of
91

•
•
•
•

•

whoviolate
violateconditions
conditionsand
andare
areininneed
needofofsanctions
sanctionsother
otherthan
thanthe
the use
use of
of the
the
who
Fulton County
CountyJail
Jail;;
Fulton
ManagerZachary
ZacharyWilliams
Williamsfor
forthe
the purpose
purpose of
of Harper
Harper Consent
Consent
Fulton County
County Manager
Decree update
update;;
Decree
Fulton
responsibilitychart
chart
management meeting
meeting that
Fulton County
CountyJail's
Jail's strategic
strategic responsibility
management
that
specifically
issues;;
specifically deals
dealswith
with Consent
Consent Decree
Decree issues
Tourvarious
varioussections
sectionsofofthe
theFulton
FultonCounty
County
Jailwith
withthe
theChief
Chief
Jailertototalk
talk to
Tour
Jail
Jailer
both
inmatesand
andofficers
officersasas well
wellas
as inspect
inspect for
for conditions
conditions;;
both inmates
Plaintiff's
Counsels totoprovide
providethem
them updates
updates on
on the
the Consent
Consent Decree
Plaintiff
s Counsels
Decreeand
andtoto
of the
Jail and
and the
the creation
creation of
discuss
discuss the recount
recount of
the Fulton
Fulton County
County Jail
of the
the population
population
control committee;
control
committee ;
Fulton County
CountyJail
Jail security
security manager
MajorEdward
Edward
Plattand
andthe
theAuditor
Auditorononthe
the
Fulton
manager Major
Platt
of aaFulton
Fulton County
County Jail
inmate population
population control
control committee;
committee ;
Jail inmate
creation of

•

Fulton County
Jail Building
Adamsrelocating
relocating the
the
County Jail
BuildingService
ServiceManager
Manager Dawn
Dawn Adams
Fulton
CountyJail
Jail medical
medicalunit
unit to
to allow
allow the (MEP)
projecttoto perform
performits
its
Fulton County
(MEP) project
renovations;
renovations ;
his staff,
staff, and
• Sheriff,
Sheriff, members
members ofofhis
and Chief
Chief Jailer
Jailertotoupdate
updatethem
themon
on Consent
Consent
of
an
inmate
population
control
committee,
Decree
issues,
the
creation
Decree issues,
of an inmate population
committee,
theFulton
FultonCounty
County Jail
Jailmedical
medical operations
operationsfor
forMEP
MEP renovations, and
and
relocating the
jail staffing
jail
staffingproblems;
problems;
CountyJail
Jail inmates
inmates that
that are
• Visit outsourced
outsourced Fulton
Fulton County
are in
invarious
variousSouth
South Georgia
Georgia
counties
that include:
include : Cook
Cook County
Pelham City
countiesand
andcity
cityjail
jail facilities
facilities that
CountyJail,
Jail, Pelham
CityJail,
Jail,
and
and Decatur
Decatur County
CountyJail
Jail..
As
last
visit,much
much emphasis
emphasis
As aa continuance
continuancefrom
fromthe
theMonitor's
Monitor's
lastvisit,
visit, during
during this
this visit,
was
Fulton County
County Jail
inmate population
population control
was concentrated
concentratedononthe
the creation
creation of
of a Fulton
Jail inmate
committee . ItItisisbelieved
committee.
committee
inmate
believedthat
thatthis
this
committee will
willfunction
function as
asaacontinuous
continuous inmate
populationrelief
relief valve.
will be
be monitored
monitoredand
andidentified
identifiedfor
forfurther
further
population
valve . Categories
Categories of
of inmates
inmates will
review
incarceration in the
the Fulton
Fulton County
County Jail
reviewbybythe
theauthorities
authorities responsible
responsiblefor
for their
their incarceration
Jail.. The
The
importanceofofthis
this issue was
impressedupon
uponthe
theSheriff
Sheriffand
andChief
ChiefJailer
Jailer and
andthat
that
importance
was impressed
expeditious creation of
expeditious
of the
theinmate
inmatepopulation
populationcontrol
controlcommittee
committee isisparamount.
paramount .

Also, the Sheriff
Sheriff and
ChiefJailer
Jailer were
acutely aware
awareof
ofthe
the urgency
urgencytoto relocate
relocate the
the
Also,
and Chief
were acutely
Fulton
Fulton County
CountyJail
Jail medical
medical operations
operations unit
unit.. Accordingly,
advised by
by the
Accordingly, they
they were
were advised
Monitor
goal . The
Monitortoto make
makethis
thisissue
issueaatop
top priority
priority goal.
longer it
it takes
The longer
takes to
to relocate
relocate the
the medical
medical
unit, the
thegreater
greaterthe
thepossibility
possibility
that
MEPproject
projectwill
willbebeextended
extendedbeyond
beyond its
expected
unit,
that
thethe
MEP
its expected
date .
finish date.
During
outsourced facilities,
wasapparent
apparent that
that the
the Georgia
Georgia
Duringthe
thevisit
visit to the outsourced
facilities, ititwas
Department
andand
Parole
hashas
been
active
in in
servicing
Pardons
Parole
been
active
servicingtheir
theirparolee
paroleeclientele
clientele..
DepartmentofofPardons

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Seventh Quarterly
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Seventh
Court
Court Monitor
Monitor
Page
Page 44of91
of 91

The number
numberofofparolees
paroleeswas
wasfew
fewcompared
compared
high
number
these
facilities
The
to to
thethe
high
number
thatthat
waswas
in in
these
facilities
is attributed
on
andAuditor's
Auditor'slast
lastvisit
visit.. This
on the Monitor's
Monitor's and
This reduction
reduction is
attributedtotoand
and resulted
resulted from
from
Pardonsand
andParole
Parole and
and the Monitor
two meetings
meetings between
betweenthe
the Department
DepartmentofofPardons
two
Monitor and
Auditor. However,
the Fulton
Fulton County
Countycategory
categoryofofoffenders
offendersthat
that currently
currently predominates
Auditor.
However, the
predominates
these
arethose
thoseFulton
FultonCounty
County Jail
inmates awaiting
asasa apart
their
these facilities
facilities are
Jail inmates
awaitingprograms
programs
partofoftheir
sentences.. Few
openingsexist,
exist, causing inmates
to
sentences
Few program
program openings
inmates awaiting such
such programs
programs to
spendlong
longperiods
periodsininjail
jail before
shared with
with the
the
spend
before being
being selected.
selected. This
This information
information was
was shared
Superior Court
Court Chief
by both
both the Monitor
and
Fulton County
County Superior
Chief Judge.
Judge .ItItwas
wasrecommended
recommended by
Monitor and
Auditor that
that similar
FultonCounty
Countyininorder
orderto
to
Auditor
similarprograms
programs should
should be implemented
implemented ininFulton
address this
this problem.
address
problem .
May
13,14,
14,15,
15, and
and16,
16,
The
Monitorvisited
visited Fulton
Fulton County
Countyduring
duringthe
the week
weekofofMay
The Monitor
12,12,13,
2008.. Throughout
this visit,
visit, he
and participated
participated in meetings
andtours
tours
Throughout this
heconducted
conducted and
meetings and
2008
with the
the following
following parties
parties::
with
control committee
meetingwith
withChief
ChiefMcNeil,
McNeil,his
hisstaff,
staff, and
• Population
Population control
committee meeting
and Riley
Taylor;
Elected officials'
officials' meeting
Fulton
• Elected
meeting to participate
participateininconversations
conversations concerning
concerning Fulton
County
population ;
CountyJail
Jail population;
• Tour
ofthe
theFulton
FultonCounty
CountyJail
Jail
MEP project
projectwith
withFulton
FultonCounty
CountyManager
Manager
MEP
Tour parts
parts of
General
Services,his
hisstaff,
staff, and
ZacharyWilliams,
Williams,Fulton
FultonCounty
County
Director
Zachary
Director
ofof
General
Services,
and
Fulton County
CountyJail
JailChief
ChiefJailer
Jailer;;
Fulton
• Fulton
County Jail
strategicmanagement
management meeting;
meeting ;
Fulton County
Jail strategic
• Relocation
ofthe
the Fulton
FultonCounty
CountyJail
Jailmedical
medicalunit
unittotoanother
anotherlocation
locationto
to allow
allow
Relocation of
onthe
the vacated
vacated medical
medical unit space
the MEP
project to
to work
MEP project
work on
space meeting;
meeting ;
• Tour
medical unit
unitwith
withChief
ChiefMcNeil
McNeil and
and George
George Herron,
Tour Fulton
Fulton County
CountyJail
Jail medical
Herron,
medical
medical unit
unit director;
• Southern
Center for
for Human
Rightsmeeting
meeting
with
Plaintiff s Counsel
Counseltoto update
update
Southern Center
Human Rights
with
Plaintiff's
on Consent
Decreeissues
issues;;
on
Consent Decree
• Emergency
Emergency Evacuation
and
Evacuationplan
planmeeting
meetingwith
withChief
ChiefMcNeil
McNeiltotoreview
reviewthe
the plan
plan and
consider developing
developing a new
new adequate
adequate plan
plan;;
• Consent
parties
ConsentDecree
Decreesixth
sixthquarter
quarterreport
report meeting
meetingwith
withall
all Consent
ConsentDecree
Decree
partiestoto
discuss the
the sixth quarter
discuss
quarter report;
report ;
• Judge
Judge Marvin
MarvinShoob,
Shoob,Michael
MichaelRobinson,
Robinson,Jessica
JessicaMorris,
Morris, and
and Riley
Riley Taylor
Taylor
meeting/lunch
issues
thethesixth
meeting/lunchtotodiscuss
discuss Consent
ConsentDecree
Decree
issuesandand
sixthquarter
quarterreport
report;;
•• Fulton
Fulton County
Managermeeting
meeting
discussways
waystotoreduce
reducethe
the Fulton
Fulton County
County Manager
totodiscuss
County
inmate
inmate population
populationininoutsourced
outsourcedfacilities
facilities;;
•• Fulton
Fulton County
LawDepartment
Department
discuss Consent
ConsentDecree
Decreeissues
issues with
with County
County
County Law
totodiscuss
Defendant's Counsel;
Counsel ; and
and

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Reportof
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Seventh
Court Monitor
Court
Monitor
Page55 of
of91
Page
91

•• This
This visit's
visit's Consent
out-briefing with
with the
the Fulton
CountySheriff,
Sheriff, his
his
Consent Decree
Decree out-briefing
Fulton County
staff,
staff,and
andChief
ChiefMcNeil.
McNeil .
Duringthis
this visit,
Fulton
Defendantsexpressed
expressedtheir
their
During
visit,the
the
FultonCounty
CountyGovernment
Government Defendants
with the
the Consent
ConsentDecree
Decreeasasstipulated
stipulated in
in
desire for
forthe
theMonitor
Monitor to
to begin
begin complying
complying with
Rather than
than as agreed
agreed to
Section
V, subsection
subsection105,
105,specifically,
specifically, visits
to
Section V,
visitstotoFulton
FultonCounty.
County .Rather
by all
all parties
visit the
at least
it isisthe
by
parties totohave
have the
the Monitor
Monitor visit
the County
County at
least once
once a month,
month, it
theCounty
County
Defendant'sopinion
opinionthat
that the
the visits
visits once
for six
that the
the six
Defendant's
once aamonth
month were
were for
six months.
months . Now
Now that
months
compliance
forfor
thetheMonitor's
visits
monthshave
haveconcluded,
concluded,Consent
ConsentDecree
Decree
compliance
Monitor's
visitsis
is
appropriate.. Therefore,
the Federal
FederalCourt,
Court,the
theMonitor
Monitor
willvisit
visit
appropriate
Therefore, with
with the concurrence
concurrence ofofthe
will
Fulton County
Countyfor
for the purpose
of monitoring
July, September,
and
Fulton
purpose of
monitoring the Consent
Consent Decree
Decree July,
September, and
2008and
and
quarterlythereafter
thereafter..
Decemberofof2008
December
quarterly
However,during
duringthe
theMonitor's
Monitor's
monthly
visits,ititbecame
became
apparent
thatininorder
ordertoto
However,
monthly
visits,
apparent
that
achieve
to complete
complete compliance
compliance with
Consent Decree,
achieve near to
with the
the Consent
Decree, various
various Consent
ConsentDecree
Decree
The items
items that
either continuous
continuousattention
attentionororinitial
initial start
that
items were
wereininneed
needofofeither
items
start-up
-upwork.
work . The
have not
not been
beenworked
worked
wellasasall
allnon-compliance
non-compliance
items,
will
listedininthe
the
have
on,on,
asaswell
items,
will
bebe
listed
They are cited
cited inineach
eachmonthly
monthly Auditor's
Auditor's report and
and
summary
sectionofofthis
this report
report.. They
summary
section
subsequently
by the
theMonitor.
Monitor. The
The items
subsequentlydiscussed
discussedwith
withthe
the Sheriff
Sheriff and
and Chief
Chief Jailer
Jailer by
items that
present serious
seriouscompliance
compliance impediment
impediment are
inmate population
population mandated
mandated staffing,
are:: inmate
staffing,
emergencyevacuation,
evacuation,and
andrelocating
relocating the
the medical
unit for
worktoto be
be performed
performed..
emergency
medical unit
forMEP
MEP work
As reported
reported previously, ititwas
the both
both the
the Monitor
and Auditor
Auditor
As
wasrecommended
recommended bybythe
Monitor and
that the
control committee
committeeininorder
orderto
to address
address and
and
the Sheriff
Sheriffimplement
implement aa population
population control
maintain control
control over the
maintain
the continuous
continuous growth
growth of
of the Fulton
Fulton County
County inmate
inmate population
population.. AA
listofofinmate
inmate categories
categories was
was shared
monitor
list
shared with
withthe
the Sheriff
Sheriff and
and Chief
ChiefJailer
Jailer to monitor
of returning inmates
criminal
continuously for
for the purpose
continuously
purpose of
inmates back
back to various
various Fulton
Fulton County
County criminal
justice components
whenproblems
problems
arefound
foundconcerning
concerning
theseinmates
inmatesthat
thatare
are keeping
keeping
justice
components when
are
these
them
Fulton County
County Jail
System inordinate
amounts of
Initial start
start up
up
them in
in the Fulton
Jail System
inordinate amounts
oftime
time.. Initial
meetings was
was conducted;
conducted ; however,
however, the
the population
populationcontrol
controlcommittee's
committee'srecommendation
recommendation
is
reality..
is slow
slow to
to become
become reality
continues to
tobe
beout
outofofcompliance
compliance with
with Consent
Consent Decree
Decree mandates,
mandates, not
not
Staffing continues
withstanding
the Fulton
Fulton County
County Jail
more detention
withstandingthe
thefact
fact that the
Jail has more
detentionofficers
officers and
and deputies
deputies
than
past . ItItisisthetheopinions
than in
in the
the past.
Auditorthat
that this
this problem
opinionsofofboth
boththe
theMonitor
Monitor and
and Auditor
problem isis
attributed
FultonCounty
CountyJail's
Jail's
staffing
managementand
anddeployment.
deployment . Staffing
attributed totoFulton
staffing
management
Staffing
problems
exist in spite
overtime being
being
problems exist
spiteofofincreased
increasednumbers
numbers of
ofpersonnel
personneland
and tremendous
tremendous overtime
paid
officers and
and deputies.
deputies . There
11
paid to officers
too many
manyofficers
officersare
are on
onthe
the 11
There are instances
instances where
where too
othertwotwo
shiftsandand
certain
areas
Jailonona ashift
shift
to 7 shift
shift and
and not enough
enough ononthetheother
shifts
certain
areas
in in
thethe
Jail
may have
necessary .
may
havemore
moreofficers
officers than
than necessary.

Case 1:04-cv-01416-MHS

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Seventh
th Quarterly
Quarter ly Report of
of the
Seven
Court Monitor
Court
Monitor
Page
of91
ge 6 of
91
Pa

Although
the Sheriff's
Sheriff s Department
hasa aJail
Jail emergency
evacuationplan,
plan,itit does
does
Although the
Department has
emergency evacuation
of Subsection
Item 93 (Safety
Procedures)of
of
not meet
meet the
the mandate
mandate of
Subsection M,
M, Item
(Safety and
and Emergency
Emergency Procedures)
the Consent
the Jail
Jail has to
all inmates
Consent Decree.
Decree . Should
Should a disaster occur
occur where
where the
to evacuate
evacuate all
inmates
and
employees
to
safe
and
secure
locations,
the
County
is
not
prepared
to
address
the
and employees to safe and secure locations, the County is not prepared to address the
problems
problemsthat
that such
such aa catastrophe
catastrophe could
could present
present..The
The Monitor
Monitor offered
offered aa proposal
proposal that
that
evacuation
wouldhelp
helpthe
the Sheriff,
Sheriff, Chief
would
Chief Jailer,
Jailer,and
andthe
theCounty
County totodevelop
develop an
anemergency
emergency evacuation
Consent
fully
plan; however,
it was
plan;
however, it
was rejected.
rejected. All
All parties
partiesofofthis
this
ConsentDecree
Decree have
have been
been fully
apprised
apprised of the
the conditions
conditionsand
and circumstances
circumstances under
under which
which the Jail
Jailmay
may be
be evacuated
evacuated and
and
of not
not having
an adequate
evacuation plan
plan..
the consequences
consequences of
having an
adequate evacuation
TheMEP
MEP
project
continues
address
areas
theJail
Jailinin its
its scope
The
project
continues
to to
address
thethe
areas
of of
the
scope of
of work.
work .
However, itit has been
been estimated
the Fulton
Fulton County
County Department
Department ofofGeneral
GeneralServices
Services
However,
estimated by the
MEP
that
that the
thecompletion
completiondate
dateofofthethe
MEP project
projecthas
hasmoved
moved from
from July
July2009
2009 totoDecember
December
As previously
previously presented
report,one
oneof
ofthe
themore
more problematic
problematic issues
2009.. As
presented in
in this
this report,
2009
confronting the
the MEP
MEP
projectand
andthetheJail
Jail that
that could
could cause
cause more
moredelays
delaysisis the
the relocation of
confronting
project
the medical
unit.. The
Jailer and
hisstaff
staff are studying
various scenarios
scenarios
medical unit
The Chief
Chief Jailer
and members
members ofofhis
studying various
that
would accommodate
thethe
relocation
Nothing concrete has
has been
been
that would
accommodate
relocationofofthe
the medical
medicalunit
unit.. Nothing
finalized at
at this
finalized
this time.
time .
The
the Consent
Consent Decree,
Decree, followed
The following
followingare
are the
the orders of the
followed by
bythe
the
Monitor's
corresponding report:
report:
Monitor's corresponding
Terms and
and Conditions
Prevent Overcrowding,
Overcrowding, Provide
Appropriate
III.
Conditions necessary
Necessary to
to Prevent
Provide for
for Appropriate
III . Terms
Staffingand
and Reduce
Reduce Processing
Processing Time.
Time .
Staffing
A. S
taffing and Security
A.
Staffing

12.
belowthe
thelevel
level
12. Staffing
Staffing at
atthe
theRice
Rice Street
Street facility
facilityand
andthe
thetwo
two annexes
annexes shall not
not decrease
decrease below
authorized on
June
01,
2005,
unless
such
decrease
is
authorized
by
this
Court.
The
Board
on June
2005,
such decrease is authorized by this Court . The Board of
Commissioners
shall
"freeze"
othen\'ise
prevent
fillingofofpositions
positions presently
presently
Commissioners shall
notnot
"freeze"
oror
otherwise
prevent
thethe
filling
authorized
for
security
staff
at
the
jail
facilities
'without
leave
of
this
Court.
authorized for securitv staff at the jail facilities without leave of this Court .
Monitor's Report:
Report :

The current
at or
orabove
above the funded
funded level
The
currentstaffing
staffing level
level is
is at
level of
of June
June 01, 2005
2005.. There
There are
no jail
jailpositions
positionsthat
that
havebeen
beenfrozen
frozenwhich
which would
would prevent
currently no
have
prevent the
the Sheriff
Sheriff
from filling
all existing
existing staffing
staffing vacancies
vacancies assigned
from
filling all
assignedatat the
the Jail
Jail..
13
All S
taff sshan
h a l l be
t ra ine d w
be trained
it h regard
regard to
a il 's .Jail
Jai l Bureau
B ur eau Po
13.. An
Staff
with
to th
thee J.Jail's
Policies
lic i es and
a n d Procedures
Procedu res
e ra ti o n s Manual
nd rrequired
Standard op
Operations
thee ppolicies
Manual aand
e quire d to consult
co n s ult aand
n d follow
fo llow th
o li c i es and
and procedures
proce dur es
contained
in it
it..
co nt a in e d in

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Seventh
Quarterly Report
Reportof
of the
Seventh Quarterly
Court
Court Monitor
Monitor
Page
of91
Page 77 of
91

Monitor's
Report:
Mo
nitor's Report
:

As of 5/28/2008 there were
82 Cadets
Cadets (newly
(newlyhired
hireddetention
detention officer
officer and
As
were 82
and deputy
deputy
sheriff positions)
been hired
hired during
during the
the past year
positions)who
who have
have been
year (approximate).
(approximate) .Among
Among
those
following is
reported :
those officers
officers the following
is reported:
Detention Officers
Officers::
Detention
Need
NeedPolicy
Policy and
and Procedures
Proceduresclasses
classes
NeedJail
Jail Officer
Officer Certification
Certification classes
Need
of Georgia
Officers employed
the Six Month
Rule of
Officers
employed beyond
beyond the
Month Rule
Georgia
Peace
Standards and
and Training
Training (GA.
(GA .POST)
POST)
Peace Officer
Officer Standards
Officers currently
currently attending
attendingJail
Jail Officer
Officer Certification
Certification classes
classes
Officers
Officers not
not yet
yetbeyond
beyond the
theSix
SixMonth
Month Rule
Rule of
of GA.
GA .POST
POST

59
08
53

Deputy
Deputy Sheriff:
Sheriff:
NeedPolicy
Policy and
and Procedures
Proceduresclasses
classes
Need
LawEnforcement
EnforcementMandate
Mandateclasses
classes
Need GA.
GA .POST
POST Law
currently ininGA.
GA .POST
POST Law
Law Enforcement
Mandate
Officers currently
Enforcement Mandate

23
01
23 100%
23
100%
00

Need
NeedJail
Jail Officer
OfficerCertification
Certification classes
classes
POST
Officers not
not yet
yetbeyond
beyond the
theSix
SixMonth
Month Rule
Rule of
of GA.
GA .POST
Officers currently
currentlyinin Jail
Jail Officer
Certification classes
classes
Officers
Officer Certification

14
13
13
03

89.80/0
89.8%

42 71
71.20/0
42
.2%
17
28.8%
17 28.8%
17
28.8%
17 28.8%

60.8%
60
.8%
56.5%
56 .5%

14.
Sheriff shall assign
14. The
The Sheriff
assign sufficient
sufficient detention
detention staff
stafftotoprovide
provide to
toprovide
provide transport,
transport, security
and other
otherfunctions
functions necessary
necessaryfor
for the
the provision
provision of
of medical
care.. The
Defendantsshall
shall
and
medical care
The County
County Defendants
staff for
distribution of
of
providesufficient
sufficient detention
detention staff
provide
for regular
regular sick
sick can
calland
and the
theprompt
prompt distribution
medicationsinin all
all three facilities,
and
prompt
any
medications
facilities,
andforfor
prompttransport
transport of
ofinmates
inmates to
to and
and from
from any
medical appointments
appointmentsororneeded
needed
medical
care,
eitherininthe
thefacility
facility or
medical
medical
care,
either
or ininthe
thecommunity.
community . The
The
Sheriff shall
to signs and
Sheriff
shall train
traindetention
detention staff
stafftotorecognize
recognizeand
andrespond
respond appropriately
appropriately to
and
symptomsofofmental
mentalillness.
illness.
symptoms
Monitor's Report:
Report :

There
continues to
to be
be routine occasions
inmatesare
are scheduled
scheduledfor
for x-ray
x-ray and
and
There continues
occasions where
where inmates
dental
services but
but they
they are
are not
not brought
broughttotothe
the clinic
clinic and/or
and/or are
are released
released prior
prior to
dental services
those services
services being
being performed.
performed . There
tuberculosisskin
skintests
tests that
that
There are a number
number ofoftuberculosis
if not
are not
custody.. Many,
not read
read prior
prior to
tothe
theinmates
inmates being
being released
released from
from custody
Many, if
not most,
most, of
of
the occasions
occasions are
are the
the result
result of
of the ongoing
ongoing shortage
shortageofofsecurity
securitystaff
staffassigned
assignedtotododo
inmate
escorts
The following
following numbers
numbers of
inmate escorts.. The
ofinmates
inmates were
werenot
notprovided
providedx-ray,
x-ray, dental
dental
services
and
tuberculosis
skin
tests
prior
to
their
release
from
custody:
services and tuberculosis skin tests prior
their release from custody :
X-ray
X-ray Services
Services::

Missed Appointment
Missed
Appointment Release
Prior
to toAppointment
Release
Prior
Appointment

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Seventh
Quarterly Report
Reportof
of the
Seventh Quarterly
Court
Court Monitor
Monitor
Page 88 of
of91
Page
91

March
April
May

46
08
54

126
161
192

Dental Services Missed:
Missed :
Appointment
Missed Appointment
March
91
March 91
91
April
April 91
89
May
May
89
PPDtuberculosis
tuberculosisskin
skintests
testsnot
notread
readprior
prior to
to the inmates'
release::
PPD
inmates' release
March
inmates'
results
34 .7% of
of all
all implanted
implanted (2,448)
March -- 850 850
inmates'
resultswere
werenot
not checked
checked -- 34.7%
April-- 874 874
inmates'
resultswere
werenot
not checked
checked - 38.30/0
of all
all implanted
April
inmates'
results
38 .3% of
implanted (2,283)
of all
all implanted
May-- 954 inmates'
954 inmates'
results
were
notchecked
checked-- 38
38.6%
May
results
were
not
.6% of
implanted (2,471)
Sheriff is not in compliance
com plia nce with
with this
requ irement of
of tthe
he Consent
Consent Decree
The Sheriff
this requirement
Decree..

Medical, Mental
Health and
and Dental
Dental Services
Services Report
Medical,
Mental Health
Report
Female Health
Health Care
Care -- Pregnancy
Female
Pre nancy Tests Given
Given
TestsGiven
Given
Number of Book-Ins
Number
Book-Ins PGPG
Tests
March
373
March
503503
373
April
April 568568
347
347
May
583
412
583
412
May

Percentage
of Positives
Percentage of
24
24 6.4%
6.4%
26
26 7.5%
7.5%
19
4.6%
19 4.6%

Infectious Disease
Disease Report
Report

Syphilis
March
April
May
HIV
March
April
May

Number Screened
Number
Screened Number
Tested
Number Tested
2,773
2,499
2,636
2,375
2,449
2,792
New
Commitments
New Commitments
Male
66
60
81
71
77
65

Mental Health
Mental
Health Services
Services
Contacts
March
1,791
19791

Males
Males Females
Females
2,108
391
2,108 391
1,967
1,967
408
408
2,050
2,050 399
399
Female
06
10
12

Assessments
592

Positives
149
144
132

Case 1:04-cv-01416-MHS

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Page 9 of 45

Seventh Quarterly
QuarterlyReport
Reportof
of the
the
Seventh
Court Monitor
Court
Monitor
Page99of
of91
Page
91

April
1,841
553
April
1,841
553
May
1,866
592
May
1,866
592
On-Going Carel
Active CaseloadCaseload March
April
On-Going
Care/Active
March April

1,233
1,288
1,233 1,288
••
••
••
••
••

March
March April
April
Medical Doctor
466
505
Medical
Doctor 466
505
Licensed Clinical
Social Worker
183 183 190
190
Licensed
Clinical
Social Worker
Mental Health
Assistant Assistant584584 593
593
Mental
Health
Grady Hospital
Referrals Referrals
00 00 00
00
Grady
Hospital
Georgia Regional
HospitalHospital 03
03
05
Georgia
Regional

Total
Intake
Total

Intake

March
April
March
April

May
1,274
May
527
527
192
555
02
02
02

May

Book-Ins
3,185
Book-Ins
3,193 3,193
3,185
Male
2,663
2,617
Male
2,663
2,617
Female
568
Female
530 530568

3,333
2,750
583

2,778 2,644
Inmates Screened Screened 2,778
2,644
Inmates
2,324
Male
2,171
Male
2,324
2,171
Female
Female
454 454473
473

2,798
2,293
505

PPD's implanted
2,448 2,283
2,283
PPD's
implanted 2,448
Males
2,037
1,859
Males
2,037
1,859
Female
Female
411 411424
424

2,471
2,021
450

Inmates' wlPPD +w/PPD
History + History241241 264
Inmates'
264

230

Inmates' Refused PPDRefused
Inmates'

PPD59 59

59
59

March

April

May

388
297
46
91

412
321
29
91

395
306
43
89

71

Dental
Dental Services
Appointments
Scheduled
Appointments Scheduled
Patients Treated
Treated
Patients
Patients Refused
Refused Treatments
Treatments
Failed
Failed Appointments
Appointments

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Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Monitor
Page 10
10 of
of91
Page
91

.7% ofofall
These 271
271 failed
failed appointments
appointmentsaverage
average9090patients
patients per
per month
or 22
22.7%
all that
These
month or
Most of
of these
these failed
failed
were originally
originally scheduled
scheduledfor
fortreatment
treatmentinin the
the Dental
DentalClinic
Clinic.. Most
were
scheduledtreatments
treatmentswere
werenot
notbrought
broughttotothe
theDental
DentalClinic
Clinicdue
duetotostaff
staff shortages
scheduled
shortages
and aa lack
lack of
of escort
escort staff to
for
and
to ensure
ensure escort
escort of
of the
the inmate
inmate patients and
and to provide
provide for
of the Health
Provider'sstaff
staff..
safety and
security of
and security
Health Provider's
Radiology
Radiology Report
Report -- During
Duringthe
the reporting
reporting period
period 1,689
1,689 x-rays
x-rays were
were scheduled
scheduledfor
for
inmates, the following
reported::
following was
was reported

March

April

May
May

X-rays scheduled

563
563

586
586

540
540

X-rays
taken
X-rays taken

367
367

391
391

378
378

X-rays
X-rays pending
pending(not
(not taken)
taken)

46
46

08
08

54
54

Chest X-rays
X-rays for
for TB
Chest
TB follow-up

306
287
287 306

311

05

01

X-rays
X-rays involving
involving chest
chest area

10

X-rays on
on extremities
extremities
X-rays

49
49

60
60

59

X-rays for
for other
other health care
X-rays
care needs
needs

21
21

20
20

07

Inmates
Inmates refused X-rays
X-rays

10
10

07
07

03

126

161

192

46

08

54

Patients release prior
prior totoX-ray
X-ray being
being taken
taken
X-rays pending
X-rays
pendingnot
not yet
yet taken
taken

There
were 108
108 (6
(6.80/0)
patients that
to the Clinic
There were
.8%) patients
that were
were not brought
brought to
Clinic to
to be
be X-rayed
X-rayed
ofescort
escort
and
mostwere
werenot
notbrought
brought
theClinic
Clinicasasthere
therecontinues
continuestoto be
beaa shortage
shortageof
and most
totothe
of the provider's
staff as
withthe
the
officers to
security of
to ensure
ensure safety and
and security
provider's staff
as they
they work
work with
inmate
patient.
inmate patient.
of
In-Custody Deaths:
deaths of
Deaths : During
During the reporting period,
period, there
there were
were no
no in-custody
in-custody deaths
inmates.
inmates .
As
Quarterly Report
Report inmate
inmate Glasco,
As was
waspreviously
previouslyreported
reportedin
in the Sixth Quarterly
Glasco, Richard,
Richard, 42
42
years old,
old, black/male,
black/male, Bk#
Bk# 0805733
inside
0805733was
wasfound
founddeceased
deceased
insidehis
hisassigned
assignedcell
cell in
in
the Infirmary
Infirmary on
on 3/19/2008.
3/19/2008 .

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 11 of 45

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court
Court Monitor
Monitor
Page 11
11 of
of91
Page
91

On
6/02/2008the
the United
UnitedStates
States Attorney's
Attorney's Office removed
six inmates
inmates from
from the
the
On 6/02/2008
removed six
Each of
inmates is
Fulton
Jail under
of these inmates
is
Fulton County
County Jail
under Material
Material Witness
Witness Warrants.
Warrants . Each
thought
witnessed events
events or
or possess
possess information
information regarding
regarding the
the circumstances
circumstances
thought to have
have witnessed
of
inmate Glasco's
of inmate
Glasco'sdeath
deathor
or other
other incidents
incidents involving
involving inmates
inmates and
andstaff
staff..
Investigation(FBI)
(FBI)executed
executedthe
thewarrants
warrantsand
andtransferred
transferred
The Federal
Federal Bureau
BureauofofInvestigation
The
custody
inmates to the United
United States Marshal's
Marshal's Service
The US
US
custody of
of those
those six
six inmates
Service..The
Attorney
jail records regarding
regarding a
Attorney also
also produced
producedwarrants
warrantsfor
foran
anextensive
extensive amount
amountofofjail
of Glasco
andother
other
larger overall
overall investigation
investigation involving
involving alleged
alleged physical
physical abuse
abuse of
Glasco and
Sheriff.
inmates that
that have
been in
in the custody
inmates
have been
custody of
of the
the Fulton
Fulton County
County Sheriff.
Among
information
requested
were
reports,statements,
statements,medical
medicalrecords,
records, and
and
Among
thetheinformation
requested
were
reports,
of specific areas
areas of
of Fulton
CountyJail
Jail..
video tapes
tapes of
video
areas of
of the
the inmate
inmate housing
housing areas
Fulton County
this information
informationhas
hasnot
notbeen
beenmade
made
readily
easilyavailable
availableto
to the
the FBI,
FBI,
Muchofofthis
Much
readily
ororeasily
particularly, the lack
of video
videotapes
tapesofofspecific
specificareas
areasofofthe
theJail
Jail.. This
lack of
This is
is due
due to the
condition of
of the
theSecurity
SecurityCameras
Cameras and
and Video
Video Taping
Taping System,
System, which
which does
does not
not
provide for
for the appropriate
provide
appropriate taping
taping and
and storage
storage of
ofthe
thehousing
housingareas
areasasasmandated
mandated by
by
andVideo
VideoTaping
TapingSystem
System
vital
the Consent
Consent Decree.
Decree. The
The Security
Security Cameras
Cameras and
is isa avital
theoverall
overallSecurity
Securityand
andLife
LifeSafety
SafetySystems
Systems
thisand
andany
anyother
otherjail
jail
component
component ofof
the
ofof
this
or
correctional facility
or correctional
facility..
The Monitors
Monitorsand
andAuditor
Auditor
have
triedunsuccessfully,
unsuccessfully,since
sinceApril
April2007,
2007,totoget
getthe
the
The
have
tried
Sheriff and
and County
County Defendants
Defendantstotoprovide
provideaccurate
accurateinformation
informationononthe
thestate
state of
of
condition
of this
thisvital
vitalSecurity
Security
andLife
Life
Safety
Equipment System.
System .
condition of
and
Safety
Equipment
The
Sheriff and
Defendantshave
havemade
made
meaningful
effortstotoensure
ensurethat
that
The Sheriff
and County
County Defendants
nono
meaningful
efforts
this
Camera and
this Camera
and Video
Video Taping
TapingSystem
Systemmeets
meetsthe
themandates
mandatesofofthe
the Court
Court..
Specifically
theSheriff,
Sheriff,
CountyDefendants
Defendantsand
andGeneral
General Services
ServicesDepartment
Department have
have
Specifically the
County
each failed
failed to respond
to repeated
repeatedappeals
appealstotoensure
ensurethat
thatthis
this vital
vital Security
Security and
andLife
Life
each
respond to
ofthe
the Consent
Decree..
remainsoperational
operational and
and meets
meets the
the mandates
Safety System
System remains
mandates of
Consent Decree

The
Sheriff, County
and General
GeneralServices
Services Department
Departmentare
arenot
notin
in
The Sheriff,
County Defendants
Defendants and
compliance with
requirement of
the Consent
Consent Decree.
Decree .
compliance
with this
this requirement
of the
The Sheriff
require detention
assigned to
to each
each floor
floor totoconduct
conduct rounds
rounds inside
15. The
Sheriffshall
shall require
detention staff
staff assigned
inside
each
even, hour.
hour.
each zone every
Monitor's Report:
Report :

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 12 of 45

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Monitor
Page
12 of
of91
Page 12
91

Security Rounds
Rounds- -AAreview
reviewofofsecurity
security rounds
rounds within housing
Security
housing units
units was
was conducted
conducted
the
using
the
Security
Rounds
Sheets
which
are
posted
inside
each
housing
unit
using
Rounds Sheets which are posted inside each housing unit ofofthe
Jail.. Security
Jail
Security Staff
Staffare
arerequired
requiredtotomake
make an
an entry
entry on
on each
each sheet (two
(two in each
each housing
housing
unit) as
unit..
unit)
as they
they make
make their hourly
hourly security
security rounds
rounds within
within each
each housing
housing unit
04110/2008
through 04/12/2008
04/12/2008 the
the following determinations
04/10/2008 through
determinations were
were made:
made :

•• On
On 04/
041110/2008
0/2008 the
the shift
shift percentages
as
percentages of
of required
required security
security rounds
rounds were
were as
follows:
follows :
520
rounds were
were made
made
7-3 shift
shift
100%
520 security
security rounds
7-3
463 security
roundswere
were made
made
3-11
3-11 shift
shift90%
90% 463 security
rounds
900 security
roundswere
were made
made
11-7
shift 1000/0
100% 900 security
rounds
11-7 shift
• On
04111/2008the
theshift
shift percentages
percentages of
of required
required security rounds
as
On 04/11/2008
rounds were
were as
follows:
follows :
7-3
shift 100%
rounds
7-3 shift
515 security
roundswere
were made
made
100% 515 security
3-11 shift
451 security
roundswere
were made
made
3-11
shift 91%
91% 451 security
rounds
11-7
906 security
roundswere
were made
made
11-7shift
shift 100%
100% 906 security
rounds
•

On04/12/2008
04112/2008the
theshift
shift percentages
percentages of
of required
required security rounds
as
On
rounds were
were as
follows::
follows
98.8%
7-3
7-3 shift
shift 98
.8% 516 security
rounds
made
516 security
rounds were
were made
3-11
shift 100%
100% 525 security
rounds
made
3-11 shift
525 security
roundswere
were made
11-7
870 security
roundswere
were made
made
11-7shift
shift 100%
100% 870 security
rounds

Attachment
Attachment:: Security
SecurityRounds
RoundsReport
Report
Analysis
Analysis (six
(sixpages)
pages)
05/04/2008
through 05/07/2008
05/07/2008 the
the following determinations
05/04/2008 through
determinations were
were made:
made :
On 05/04/2008
rounds were
were as
• On
05/04/2008the
theshift
shift percentages
percentages of
of required
required security rounds
as
follows:
follows :
7-3 shift
100% 520 security
520 security
roundswere
were made
7-3
shift 100%
rounds
3-11 shift
520 security
rounds were
were made
3-11
shift 100%
100% 520 security
rounds
made
11-7 shift
shift 96
.9% 854 security
made
11-7
96.9%
854 securityrounds
rounds were
were made
On 05/05/2008
rounds were
were as
• On
05/0512008the
theshift
shift percentages
percentages of
of required
required security rounds
as
follows :
follows:
7-3
100% 543 security
543 security
roundswere
were made
7-3 shift
shift 100%
rounds
3-11
3-11 shift
shift 98
98.8%
.8% 535 security
rounds
535 security
rounds were
were made
11-7
11-7shift
shift99%
99% 899 security
rounds
made
899 security
roundswere
were made

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 13 of 45

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Monitor
Page 13
13 of
of91
Page
91

rounds were
were as
On05/06/2008
05/06/2008the
theshift
shift percentages
percentagesof
ofrequired
required security rounds
as
• On
follows:
follows :
481 security
security rounds
7-3
shift 1000/0
100%
481
rounds were
were made
made
7-3 shift
537 security
roundswere
were made
made
537
security rounds
3-11 shift
3-11
shift 100%
100%
890 security
roundswere
were made
made
890
security rounds
11-7
11-7 shift
shift 100%
100%

05/07/2008the
theshift
shift percentages
percentages of
of required
required security rounds
as
• On
On 05/07/2008
rounds were
were as
follows
follows::
526 security
roundswere
were made
7-3
100% 526 security
7-3 shift
shift 100%
rounds
515 security
roundswere
were made
3-11
3-11 shift
shift 100%
100% 515 security
rounds
99.3%
815 security
roundswere
were made
11-7
shift 99
.3% 815 security
rounds
made
11-7 shift

(eightpages)
pages)
Analysis
Attachment: Security
SecurityRounds
RoundsReport
Report
Analysis (eight
05/28/2008
OS/28/2008 through
through 05/31/2008
05/31/2008 the
the following determinations
determinations were
were made:
made :

• On
OS/28/2008the
theshift
shift percentages
percentages of
of required
required security rounds
as
On 05/28/2008
rounds were
were as
follows:
follows :
100% 637 security
637 security
roundswere
were made
made
7-3shift
shift 100%
rounds
7-3
629 security
roundswere
were made
3-11 shift
3-11
shift 1000/0
100% 629 security
rounds
made
security
roundswere
were made
made
11-7
11-7shift
shift 100%
100% 1,0781,078
security
rounds
• On
OS/29/2008the
theshift
shift percentages
percentages of
of required
required security rounds
as
On 05/29/2008
rounds were
were as
follows:
follows :
7-3
100% 617 security
61 7 security
roundswere
were made
7-3shift
shift 100%
rounds
3-11 shift
3-11
shift 100%
100% 614 security
rounds
614 security
roundswere
were made
11-7 shift
shift 98
.8% 1,0711,071
security
11-7
98.8%
securityrounds
rounds were
were made
On 05/30/2008
rounds were
were as
• On
05/30/2008the
theshift
shift percentages
percentages of
of required
required security rounds
as
follows:
follows :
7-3
shift 1000/0
100%
7-3 shift
638
security rounds
638 security
rounds were
were made
made
3-11 shift
3-11
shift 100%
100%
595 security
rounds were
were made
made
595
security rounds
98.8%
11-7 shift
shift 98
.8%
securityrounds
roundswere
weremade
made
1,070 security
•• On
rounds were
were as
On05/31/2008
05/31/2008the
theshift
shift percentages
percentagesof
ofrequired
required security rounds
as
follows :
follows:
7-3
100% 604 security
604 security
roundswere
were made
made
7-3 shift
shift 100%
rounds
3-11 shift
shift 98
3-11
98.8%
.8% 605 security
rounds
made
605 security
roundswere
were made
shift 92
11-7 shift
92.5%
.5% 936 security
rounds
made
936 security
roundswere
were made

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 14 of 45

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court
Court Monitor
Monitor
Page 14
14 of
of91
Page
91

Auditor's Note:
Auditor's
Note :

The
Security Round
Rounddata
datafor
for 5/28/08
5/28/08 -- 5/31/2008
5/31/2008was
wasslightly
slightly
The Security
higher than previous
higher
previous data
data as
asthe
theSecurity
SecurityRounds
Rounds at
atBellwood
Bellwood
and Marietta Blvd.
facilities are
and
Blvd . Annex
Annex facilities
arenow
now being
being reported.
reported .

(eightpages)
pages)
Attachment:: Security
Analysis
Attachment
SecurityRounds
RoundsReport
Report
Analysis (eight
The Sheriff
Sheriff is
is inincompliance
The
compliance with
with this
thisrequirement
requirement of the
theConsent
Consent Decree.
Decree .
Allcell
cell
doorsshall
shall
equippedwith
withfunctionin~
functioninglocks
lockswhich
whichcan
canbe
beopened
opened remotely
remotely
16.
doors
be be
equipped
16 . All
These locks
locks shall
shallbcbemaintained
maintained iningood
goodworking
working ordcr.
order.
from
thc tower.
from the
tower . Thesc
Monitor's Report:
Report :

.) continues
continues to receive
receive
The Jail's
Jail's maintenance
service vendor
(JohnsonControls,
Controls, Inc
Inc.)
The
maintenance service
vendor (Johnson
workorder
orderrequests
requestsfrom
fromsecurity
securitystaff
staffas
as door
door locks
locks or
or locking
locking systems
systemsfail
fail or
or as
work
they are
are damaged
damaged by
There are currently
currently two
two locksmiths
by inmates
inmates.. There
locksmithsassigned
assignedtotothe
theJail
Jail
and
and they continue
continue to
tomeet
meet the
thedemand.
demand . There
There continues
continues to
to be
be aalarge
largevolume
volume of
of work
work
orders being
being generated
generated due
due to
to inmate
inmate vandalism
vandalism to
to locking
locking system
system equipment.
equipment . Jail
Jail
concertedeffort
efforttoto enforce
enforceexisting
existing rules
rules and
and regulations
regulations
moreofofa aconcerted
staff should
should make
make more
in relation
relationtotoinmates
inmatestampering
tamperingwith
withorordamaging
damaging door
door locks and
and locking
locking systems.
systems .
17.
c~lll buttons
buttons or
or intercoms
intercomsininthe
theday
day
17 . All
Allhousing
housing units
units shall
shallhave
havefunctioning
functioning emergcncy
emergency call
room
at
all
times.
On
the
medical
floor
of
the
.Jail,
each
cell
shall
have
a
functioning
room at all times. On the medical floor of the Jail, each cell shall have a functioning
emergcncycall
call button.
call buttons
buttons and
intercoms shall
shall remain
on except
except for
for
emergency
button . Emergency
Emergency call
and intercoms
remain on
.
good
reason
documented.
This
documentation
shall
be
maintained
as
a
lo~
at
the
Jail.
good reason documented . This documentation shall be maintained as a log at the Jail
Monitor's Report:
Report :

Emergency intercoms
Jailhas
hasone
one emergency
emergency call
Emergency
intercoms -- the Jail
call intercom
intercomlocated
locatedinin the
the wall
wall
inside each
each of
ofthe
the housing
housingunits
unitsofofthe
themain
main
jailfacility
facility.. There
any like
like
inside
jail
There are not
not any
devices located in
in the
theHousing
Housing Units
Units of
of the
theBellwood
Bellwood or Marietta
Marietta Blvd.
Blvd .Annexes.
Annexes .
The close
to the
theinmate
inmate population
population at the
the Bellwood
Bellwood
thesecurity
security staff
staff to
The
close proximity
proximityofofthe
staff s attention
and
MariettaAnnex
Annex
facilities allows
allowsfor
for inmates
inmatestoto gain
gain staff's
and Marietta
facilities
attentionupon
upon any
any
need or
or emergency.
emergency .
Medical cell
buttons an
Medical
cell call
call buttons
- each
each cell
cell of
of the Jail's
Jail'sInfirmary
Infirmary cells
cellsare
aredesigned
designed with
with an
emergency
call button
button whereby
wherebyinmates
inmatesmay
may
calland
andalert
alertstaff
staff upon
any
emergency call
call
upon any
emergency .Maintenance
by by
way
emergency.
staff isisadvised
Maintenance staff
advisedby
bysecurity
securitystaff
staff
wayofofWork
Work Order
Order
Requests
buttons are
are damaged
damaged by
Requestsin
in cases
cases where
wherethe
the call
call buttons
bythe
the inmate
inmateoror in
in cases
where
function .
wherethe
thecall
call button
buttonfails
fails to function.
B.
Population Limits
Limits and
and Housing
Housing
B. Population

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 15 of 45

he
Seventh Quarterly Report of
of tthe
Court Monitor
Court
Monitor
Page
15 of
of91
Page 15
91

18.
Rice
facility sshall
of 2250
hall not
n ot exceed
excee d an avenlge
ave rage of
225 0 inmates
inm ates
1 8. The
T he population
po pulation of
of tthe
h e 901
901 R
ice Street
S treet facility
daily in any calendar month
so
long
as
all
housing
are
being
utilized.
or
more
o
l
ll
h
ousing
units
a
re
being
utilize
d.
If
one
or
more
m nth
ong as a
cellbloeks are n
not
population
number
ation shall
shall be
b e reduced
redu ced bby
y the numb
er of inmates
inmates
celiblocks
ot being
b eing used, the popul
ll
normally housed
that
part
of
Jail.
population
figures
this
Consent
Order
shall
h ou sed in th
art
of
the
Jail
.
Other
popul
ation
in
th
is
Co
nsent
Order sha
at p
be adjusted
manner.
population
shall not
er. The
T he pop
ulation of Bellwood
Bellwood shall
not exceed
exceed 200, and
a nd Marietta
be
adj usted in this mann
n ot exceed
exceed 100.
100 .
shall not
Monitor's Report:
Report :

The
populationCAP
CAP
2,250
main
jailfacility
facility has been
effectively reduced
The population
of of
2,250
forfor
thethemain
jail
been effectively
reduced
by
408 (now
(nowtoto1,842)
1,842)asas an
an entire
entire Floor
South Towers)
Towers)isis being
beingclosed
closed
by 408
Floor (North
(North and
and South
due to
going MEP
Project
ofof
the
jail
Thus, the
the current
current population
population
themain
main
jailfacility
facility.. Thus,
due
to the going
MEP
Project
actually 1,842
1,842and
andwill
will remain
remainsosolong
longasasthe
the MEP
MEP
requires
thatananentire
entire
CAPisisactually
CAP
requires
that
cells or
is under
the fourth
fourthfloor
floorisis
floor area
area (204
(204 cells
or 408
408 beds)
beds) is
under renovation.
renovation . Currently
Currently the
renovations..
closed and
and under
under MEP
MEP renovations
2008, the
the Sheriff has
beenable
abletoto maintain
maintain the
the
During
the Seventh
SeventhQuarter
Quarterofof2008,
During the
has NOT
NOT been
1,842
main
jailfacility
facility.. The
populationCAP
CAP
population
of of
1,842
in in
thethemain
jail
The Sheriff has
has met
met the population
population
CAP
Bellwood Annex,
Blvd .Annex.
Annex . The
The
CAPofof200
200for
for the
the Bellwood
Annex,and
and100
100for
forthe
the Marietta
Marietta Blvd.
actual Seventh
Quarterpopulation
populationmonthly
monthlyaverages
averagesofofthe
themain
mainjail
jail are
are as follows:
Seventh Quarter
follows :
∎• April2008
April 2008 -- 1,851
1,851
∎• May
May 2008
2008 - -1,901
1,901
∎• June 2008
2008 - - 1,940
1,940
Monitor's Note:
Note :
There
are still
still delays
There are
delaysininbooking
booking inmates
inmates out-ol-custody
out-of-custody in
in aa real-time
real-timemethod
method and
and
that artificially
jail. Up
artificiallyinflates
inflatesthe
thepopulation
population ofeach
of each facility,
facility,including
including the
the main
main jail.
Up
until the
no effort
effort to
the delays
delays in
in
the date
date ofthis
of thisreport,
report,the
theSheriffhas
Sheriff hasmade
made no
to reduce
reduce the
booking
booking inmates
inmates out
out of
ofcustody.
custody.

The Sheriff
The
Sheriffisis not
not in
in compliance with this
this mandate
mandate of the
the Consent
Consent Decree.
Decree .
19.
inmate
on the
the floor.
19. No
No in
mate sshall
hall be required
requ i red ttoo ssleep
lee p on
Monitor's Report
Report::

No
inmateisisrequired
requiredtotosleep
sleepononthe
thefloor
floorininthe
the main
mainjail,
jail, or
or any
of the Annex
sites
No inmate
any of
Annex sites
inmates are
are assigned
assigned to
to double
bunksand
andassigned
assignedtwo
twoinmates
inmatestotoa acell
cell or
or
as most
most inmates
double bunks
in dormitory
dormitory settings
settings..
There
be routine
routineoccasions
occasionswhere
where inmates
inmates who
who have
There continue
continue to be
have been
beenoutsourced
outsourcedin
in
South
on the floor
floor (on
(on plastic
plasticbunks)
bunks) when
when those
SouthGeorgia
Georgiajails
jails are
are required
required to sleep on
those
facilities
becomeovercrowded.
overcrowded . Typically
facilities become
Typically the
the inmate
inmate rotates into
into aa bunk
bunk bed
bed
(between
as asother
inmates
areare
released
or or
transferred
totoother
(between10-14
10-14days)
days)
other
inmates
released
transferred
otherfacilities
facilities..

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 16 of 45

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court
Court Monitor
Page
16 of
of91
Page 16
91

The Fulton
FultonCounty
Countycontracts
contractswith
withthe
theoutsource
outsourcefacilities
facilities did
The
didnot
notprevent
preventthem
them from
from
of the
housing inmates
inmatesunder
underconditions
conditionsthat
that do
housing
do not meet
meet the requirements
requirements of
the Consent
Consent
the inmates
inmatesoutsourced
outsourcedtotothese
theseSouth
SouthGeorgia
Georgia
facilitiesare
arealso
also
Decree.. Many
Many ofofthe
facilities
Decree
being
spiritofofthe
theConsent
ConsentDecree.
Decree .
being housed
housedonontriple
triple bunks
bunksthat
thatalso
also violate
violate the spirit
ate of
he Consent
Consent Decree.
The Sheriff isis not
mandate
of tthe
not in compliance
co mplian ce with
with this mand
20.
than two
in a cel
cell.l.
20. No
No more
more than
two inmates
inm ates sshall
hall be housed in
Monitor's Report:
Report :

Nocell
cell of
of the
during the
No
the facility
facilityhas
hasbeen
beenhoused
housedwith
withmore
more than
than two
two inmates
inmates during
ofthis
this provision
of
reporting period.
housingunits
unitsthat
that are
are exceptions
exceptionsof
period . There
There are two
two housing
provision of
the Consent
Decreeasasthe
the original
original design of the
Consent Decree
the housing
housing units
unitsallowed
allowed for
forasasmany
many
as four inmates
to be
be assigned
assignedinside
insideofofeach
eachofofthese
thesecells
cells..
inmates to
For example:
example :

7-N-300
haseight
eight cells,
cells, each
beds
7-N-300 has
each with
with two
two separate double
double bunk
bunk beds
two of
of which
have
7-N-400has
hasten
ten cells,
cells, eight
7-N-400
eightofofwhich
whichhave
havetwo
two double
double bunks
bunks and
and two
which have
a single
single double
double bunk.
bunk .
The
South Georgia
GeorgiaOutsource
OutsourceFacilities
Facilities (Pelham
and Decatur
Decatur
The South
(Pelham City,
City, Cook
Cook County
County and
County
Jails) were
County Jails)
were not
not advised
advised (by
(by Fulton
Fulton County)
County) of
of the
theConsent
Consent Decree
Decree mandates
mandates
relatestotononoinmates
inmatessleeping
sleeping on
on the
the floor,
floor,ororthat
that
morethan
thantwo
two inmates
inmates
as ititrelates
nonomore
being housed
Thus, each
triple bunks,
bunks, plastic
being
housedininaa cell
cell.. Thus,
eachfacility
facility typically
typically utilizes
utilizes triple
plastic
single bunks
placedononthe
thefloor,
floor, and
on average
averagehouses
housesfour
fourtotosix
sixinmates
inmatesper
percell
cell..
bunks placed
and on
violate the terms
All of
of these
these housing
housing arrangements
arrangements violate
terms of the
the Consent
Consent Decree.
Decree .
The
Sheriff is
is not
Decree..
The Sheriff
notinincompliance
compliance with
with this
thismandate
mandate of the
the Consent
Consent Decree
21
21.. Defendant
theGeorgia
GeorgiaDepartment
Department
Corrections
shallensure
ensurethat
thatall
all
Defendant Commissioner
Commissioner ofofthe
of of
Corrections
shall
inmates eligible
for transfer
transfer to
tostate
stateprison
prisonfacilities
facilities
be removed
fromthe
theFulton
FultonCounty
County
inmates
eligible for
willwill
be removed
from
.Jailor
other facility
facilit~; operated
or leased
leased for the
of arrestees
arrestees or
or inmates
inmatesbybythe
the
Jail
or any
any other
operated or
the housing
housing of
Fulton
County
Sheriff
a prioritybasis
basisand
and
transferred
a statefacility
facility as
as soon
soonas
as
Fulton County
Sheriff
onon
a priority
transferred
to to
a state
after receipt
receipt of
ofthe
thepaperwork
paperwork necessary
transfer .
necessarytotoeffect
efTect the
the transfer.
possible after

Monitor's Report:
Report :

There continues
number ofofdays
There
continuestoto be
be aa serious
serious delay
delay in
in the number
daysthat
thatare
are required
required for
for the
Department
totoprocess
sentenced inmates
inmates
Corrections (DOC)
(DOC)
processand
andreceive
receivestate
state sentenced
DepartmentofofCorrections
from the
According to
DOC, most
thewaiting
waitingtime
timeisisdue
duetoto the
the
from
the Sheriff
Sheriff.. According
to the DOC,
mostofofthe
slowness of
them receiving the
thecomplete
complete shipment
shipment package
package from
of them
from Fulton
Fulton County
County.. The
slowness
The
DOC also
incomplete and
is incomplete
and must
mustthen
then be
be
DOC
alsoclaims
claimsthat
that many
manytimes
timesthe
theinformation
informationis
to Fulton
Fulton County
County to
to be
be completed.
completed .
returned to

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 17 of 45

Seventh
Report of
of the
nth Quarterly
Qu arterly Report
Seve
Court Monitor
Court
Monito r
Page 17
17 of
of91
Page
91

Duringthe
the past
past year, Captain
Lindseyhas
has been
beenassigned
assigned(assigned
(assignedbybythe
the
During
Captain Larry
Larry Lindsey
Sheriffs transfer shipments
to
Sheriff) to
to supervise
supervise the
the preparation
preparation of
of Fulton
Fulton County
County Sheriff's
shipments to
Captain Lindsey
Lindsey has
Sheriffsliaison
liaison officer
has
DOC
work
DOC
andand
to towork
as as
thetheSheriff's
officerwith
withthe
theDOC.
DOC . Captain
been very
very helpful
helpful and
and has
has provided
providedthe
the Sheriff's
Sheriff s staff
with constant
constant focus
focus
been
staffand
andDOC
DOC with
towards resolution
resolution of
of the
towards
the past
pastpaperwork
paperwork processing
processing issues
issues and
and has
has thus
thusbecome
become
Although the
the DOC
DOC has
of contact
contact.. Although
hascontinued
continuedtoto work
worktoto resolve
resolve
everyone's point
point of
everyone's
majorbudget
budget
thathas
hasresulted
resultedinin
their issues,
issues, they
they have
have recently experienced
experienced aamajor
cutcutthat
DetentionCenters,
Centers,which
which
tumhas
hasresulted
resultedininrecent
recentdelays
delaysinin
the closing of
of some
some Detention
in in
turn
receiving Fulton
Fulton County
inmates..
the DOC
DOC receiving
County inmates
During the
the past months,
have
During
months, the
the Auditor
Auditor and
and Monitor
Monitor have
have monitored
monitored inmates
inmates who
who have
been sentenced to
1/03/2008, aa list
list was
of 102
102 inmates
inmatesthat
that
been
to the
theDOC.
DOC . On
On 1/03/2008,
was developed
developed of
Those inmates
inmates have
have been
been tracked
tracked totodetermine
determinehow/when
how/when
had been DOC
sentenced..Those
had
DOC sentenced
transferred to
or were
were otherwise
otherwise released
released;; the
as
they were
were transferred
tothe
theDOC
DOC or
the results
results are as
follows:
follows :
.7%) were
the Ga.
Ga .DOC
DOC
•∎ 67
67 inmates
inmates (65
(65.7%)
weretransferred
transferred to the
•∎ 27
27 inmates
inmates (26
(26.5%)
were released
released by
by Fulton
Fulton County
Countyjudges
judgesasas they
they had
had not
not
.5%) were
DOC as
sentenced
been transferred
transferred to
as most
mostwere
wereoriginally
originally sentenced
been
to Ga.
Ga . DOC
last
•∎ 8 inmates
in Fulton
Fulton County
CountyJail
Jail as of
inmates remained
remained in
of 6/23/2008
6/23/2008 when
when last
checked

Attachment::
Attachment

Inmates
Inmates awaiting pick-up
pick-up by
by Ga.
Ga .Doc
Doc 1/3/2008
1/3/2008 updated
updated 6/23/2008
6/23/2008
(three pages)
pages)

AA comparison
"DOC Jail
comparisonofofthe
the "DOC
Jail Backlog
BacklogReports"
Reports"of
of12/6/2007
12/6/2007 and
and 6/24/2008
6/24/2008 {this
list
then identified
identified as
listinvolves
involvesthose
thoseinmates
inmateswho
who the
theDOC
DOC then
as not
not having
having aa completed
completed
requiredbefore
before the
the DOC
willreceive
receive aa sentenced
sentenced inmate}
inmate}
Transfer Package
Package required
DOC will
indicate that
thatFulton
FultonCounty
County inmates
inmates (those on
on the
the Backlog
Backlog Report)
indicate
Report) are
are averaging
averaging
about the
ofdays
days waiting
waiting to be
about
the same
same number
number of
be picked
picked up
up by
by the
theDOC.
DOC .The
The 12/6/2007
12/6/2007
117.8
report listed
listed fifty
fiftyfive
five(55)
(55)inmates
inmatesand
andthey
they averaged
averaged 117
.8 days
days waiting.
waiting . The
The
6/24/2008 Report
seventy seven
seven (77) inmates
inmates and
and they averaged
averaged 112
6/24/2008
Reportlisted
listed seventy
112.6
.6 days
days
waiting
Although the
very
little
waiting..Although
the average
average days
dayswaiting
waitinghas
haschanged
changed
very
littleduring
duringthe
thesix
six
months, the
number of
inmates waiting
waiting has grown
grown by
of inmates
bytwenty
twentytwo
two(22),
(22), an
an
months,
the total
total number
increase
increase of30%.
of 30% .
Attachments:
A Uachmen ts: Jail
Jail Backlog
Backlog County
CountyDetails
Details for
for Fulton
Fulton County
County12/06/2007
12/06/2007
(two
(twopages)
pages)
JailBacklog
Backlog County
(three
Jail
CountyDetails
Detailsfor
for Fulton
FultonCounty
County6/24/2008
6/24/2008
(threepages)
pages)

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 18 of 45

Seventh
QuarterlyReport
Reportofofthe
the
Seventh Quarterly
Court
Court Monitor
Monitor
Page 18
18 of
of91
Page
91

There is
is also
There
also aa serious
seriousdelay
delayininthe
theDOC
DOC transferring
transferringinmates
inmates who
who are awaiting
awaiting pick
up for
for Prison
Alternative Programs,
Programs,asasthere
thereisis a waiting
period for
for these programs.
up
Prison Alternative
waiting period
programs .
These
programsare
areavailable
available to
to all
more
These programs
allstate
stateinmates
inmatesand
andare
arebecoming
becomingmuch
much more
commonly
utilizedbybythe
theSuperior
SuperiorCourt
CourtSystems
Systemsthroughout
throughout
thestate
stateof
of Georgia
Georgia..
commonly utilized
the
As
these programs
programsare
aregrowing
growing
popularity,the
thewaiting
waitingtime
timetotoget
get into
into such
As these
in inpopularity,
such
programsisis increasing,
increasing, requiring
inmates to
to wait additional
programs
requiring many
many inmates
additionalweeks/months
weeks/months
prior to
DOC
tobeing
being transferred
transferredinto
intothethe
DOC Prison
Prison Alternative
AlternativePrograms.
Programs .

Attachment: Inmates
AwaitingPrison
PrisonAlternative
Alternative Programs
April 16,
16, 2008
2008 -Inmates Awaiting
Programs April
(4 pages)
Updated -- June
June 23, 2008
2008 (4
C. Process
ing of Releases
Processing
pr oce dures to provide
provi de for
for the release of
22. The
maintain
22.
The Sheriff
Sheriff shall
shall implement
impl e m e n t and
and maint
a in procedures
h
hin
le
perio
tim
n
ot
to
exceed
after receipt
Inmates
from
the
.Jail
within
a
reasonable
period
of
time,
not
exceed
24 hours after
Inmates from t e Jail w it
reaso nab
d
e,
docume nts establishing
estab lishing tthat
hat tthe
he inmate has received
rece ived a signature bond, bee
n
of court
been
of
co urt documents
h
d,
had
the
charges
against
them
authorized to post
and
has
posted
bond,
had
the
against
dismissed,
or
post and as posted bon
dismissed,
(T h e parties
partiesacknowledge
acknowledge that this
th is time period
per iod may
m ay be
otherwise
otherw
ise become
become eeligible
li gi b l e for .·elease.
re lease . (The
exceeded for
um'eleased
holds
other
or
governmental
for iinmates
nmat es subject
to
unreleased
h
olds
from
counties
o
r
gove
rnmental
subject
authorities.)
all reasonable
measures
authorities .) The
T he Sheriff
Sheriff will take
take all
reaso nab le and
an d prudent
p rud ent meas
ures available
availab le to reduce
red uce
the
release time
time as much
to the
the court
the release
muc h as possible
possible and
an d shall
shall provide
pr ovide to
co urt and
a nd all
a ll parties
p arties to
to tthis
his
Conscnt
Order aa monthly
monthly repor
reportt of
of all
all inmates
receiving a
Consen t Order
inm ates detained more
m ore tthan
han 24 hours after
after receiving
signature
them ddismissed,
sig nature bond, posting bond, hhaving
aving tthe
he charges
c harges against
aga inst them
ismissed, or
or othenvise
otherwise
becom
in g eligible
eligibl e for
for release.
release. The
The report shall state how long th
nmate was
was detained after
becoming
thee iinmate
becoming
ligible for release
reaso n the detention
de tenti on exceede
d 24 hours.
becoming eeligible
release and the reason
exceeded
Monitor
's Report•
Monitor's
Report:

Delayed Inmate
Inmate Release
Release
Delayed
April 2008
• 4/26/2008
4/26/2008there
therewere
wereatatleast
least thirty
thirty eight
werereleased
releasedafter
after
eight (38)
(38)inmates
inmates who
who were
the 24
period because
becausea asingle
singlecivilian
civilian support
calledinin
24 hour
hour period
support staff member
member called
absent..
absent
•

4/26/2008 Outsourced
Outsourcedinmates
inmates- -atatleast
least six inmates
delayed due
due to
to them
4/26/2008
inmates were
were delayed
them
being "Outsourced"
the Atlanta City
CountyJails
Jails.. These
being
"Outsourced" atat the
City and
and DeKalb
DeKalb County
These
inmates were
wererelease
release delayed
delayedfrom
from2424toto40
40hours
hourssimply
simplydue
duetotostaffing
staffing
inmates
shortages
inmates not
back to the
the Fulton
Fulton County
County
shortages and
and the
the inmates
not being
being transported
transported back
Jail
Jail..

•

4/20/2008
thirtytwo
two (32)
(32)inmates
inmates who
who were
4/20/2008-- 4/30/2008
4/30/2008there
therewere
wereatatleast
least thirty
were
delayed
as they
they were
were to
to be
be picked
picked up by
by other agencies
agencies and
delayed in
in release as
and Fulton
Fulton

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 19 of 45

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Page 19
19 of
of91
Page
91

Countystaffers
staffersfailed
failed to notify those
with an
an appropriate
appropriatetime
timeafter
after
County
those agencies
agencies with
the were
eligible for
Jail..
were eligible
for release
release from
from Fulton
Fulton County
County Jail
• The
CourtSystem
SystemOffices
Officescontinue
continuetotoforward
forwardrelease
releasepaperwork
paperwork
theJail
Jail
The Court
to to
the
after
after the
the24-hour
24-hour period
period as
as set
setby
bythe
theConsent
Consent Decree.
Decree . Those
Those delays
delays are then
sometimesextended
extended
theJail
Jailalso
also delays
delays in
in release
sometimes
as asthe
release processing.
processing .
Release Delay
Reports from
from Lt
Lt..Lindsey
Attachment: Release
Delay Reports
Lindsey - April 2008
2008 Reports
Reports
May 2008
•

5/01/2008
through5/03/2008
5/03/2008there
therewere
wereatatleast
least three hundred
and forty
forty four
5/01/2008 through
hundred and
of those
those release
release
(344) inmates
inmates released
released by
byFulton
FultonCounty
CountyJail
Jailstaff
staff.. AA review
(344)
review of
records determined
determined the following:
following :
Four(4)
(4)inmates
inmateswho
whohad
hadbeen
beenOutsourced
Outsourced
theAtlanta
AtlantaCity
Cityor
or
o Four
at at
the
DeKalb
County
Jailswere
weredelayed
delayedininrelease
release by more
than 24
24 hours
hours
DeKalb County
Jails
more than
One(1)
(1)inmate
inmatewas
wasdelayed
delayedbyby4949hours
hoursdue
duetotohaving
havingtotobebecleared
cleared by
by
o One
Medical
Medicalstaff
staffprior
prior to
to release
release
oo One
(1)(1)inmate
delayed
in in
release
two (42) hours
hours
inmatewaswas
delayed
releasebybyatatleast
least forty
forty two
One
as he
he was
was detained
detained for
forthe
theUSUSDepartment
Department of
ofImmigration
Immigrationand
andCustoms
Customs
Enforcement
(ICE)
from
4/29/08
at
16:35
hrs
untiI5/0l/08
at
11:21
Enforcement (ICE) from 4/29/08 at 16 :35 hrs until 5/01/08
11 :21
hours

other law
law enforcement
enforcement
Twenty
eight(28)
(28)inmates
inmates who
whohad
hadHolds
Holdsofofother
o Twenty
eight
agencies
Jail
agencies were
weredelayed
delayedininrelease
releaseasasFulton
FultonCounty
County
Jailstaff
staffdid
did not
not
makethe
thepickup
pickupnotification
notification within
within aa timely
timely manner,
manner,their
their degrees
degrees of
of
make
delay varied
varied as stated
delay
stated below:
below :
∎• More
than36
36hours
hoursdelayed
delayed 11 inmates
Morethan
than 24
24 hours
hours but
but less
less than
•∎ More
Morethan
than37
37 hours
hours but
but less
less than
than4848hours
hoursdelayed
delayed 03 inmates
∎• More
than
48 delayed
hours delayed 10 inmates
More than
48 hours
10 inmates
5/03/2008 through
hundred and
•∎ 5/03/2008
through5/10/2008
5/10/2008there
therewere
wereatatleast
least five hundred
and
twenty seven
seven(527)
(527)inmates
inmatesreleased
releasedby
byFulton
FultonCounty
CountyJail
Jailstaff
staff..
twenty
reviewofofthose
those release
release records determined
the following
following::
AA review
determined the

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 20 of 45

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Monitor
Page
20 of
of91
Page 20
91

o Five
Five(5)
(5) inmates
inmates who
whohad
hadbeen
beenOutsourced
Outsourced
theAtlanta
AtlantaCity
City or
or
at atthe
DeKalb
County
Jailswere
weredelayed
delayedinin release
release by more
than 24
24 hours
hours
DeKalb County
Jails
more than
o Two
Two
inmateswere
weredelayed
delayedbybymore
more
than2424hours
hoursdue
duetotothe
the need
need
(2)(2)inmates
than
for them
to be
be cleared
cleared by
by Medical
Medicalstaff
staffprior
prior to
to release
them to
oo One
(1)(1)inmate
waswas
delayed
in release
by by
at atleast
One
inmate
delayed
in release
least3030hours
hoursbybyJail
Jail staff
staff
and
no reason
reason was
was clearly
clearly stated
on 5/7/08
5/7/08
and no
statedbetween
between Release
Release Clearance
Clearance on
at 23:55
until his release
23 :55 hours
hours until
release on
on 5/8/08 at 05:30
05 :30 hours
hours

o Nine
Nine(09)
(09)inmates
inmates who
whohad
hadHolds
Holdsofofother
other law
law enforcement
enforcement agencies
agencies
were delayed
delayedininrelease
release as
as Fulton
CountyJail
Jail staff
staff did
were
Fulton County
did not
notmake
make the
pickupnotification
notification within
within aa timely
manner,their
their degrees
degreesof
ofdelay
delay
pickup
timely manner,
varied as stated
stated below:
below :
•∎
∎•
•∎

05 inmates
inmates
Morethan
than 24
24 hours
hours but less
More
lessthan
than3636hours
hoursdelayed
delayed 05
inmate
More
than4848hours
hoursdelayed
delayed 0011 inmate
Morethan
than 37
37 hours
hours but
but less
less than
03 inmates
More than
48 hours
More
than
48delayed
hours delayed 03 inmates

• 5/11/2008 through 5/17/2008 there were
at least
and sixty
sixty (560)
(560)
were at
least five
fivehundred
hundred and
review of
records
of those
those release records
inmates released
released by
by Fulton
FultonCounty
CountyJail
Jailstaff
staff.. AA review
inmates
detennined the
the following
following::
determined
oo Six
City, DeKalb
DeKalb
Six(6)
(6) inmates
inmates who
whohad
hadbeen
beenOutsourced
Outsourcedatatthe
the Atlanta
Atlanta City,
County, and
andPelham
PelhamCity
CityJails
Jails were
weredelayed
delayedinin release
release by
than 24
24
County,
by more
more than
hours
oo One
(1)(1)inmate
waswas
delayed
in release
by by
at atleast
One
inmate
delayed
in release
least3030hours
hoursbybyJail
Jail staff
staff
and no
no reason
reason was
was clearly
clearly stated
and
statedbetween
between Release
Release Clearance
Clearance on
on 5/7/08
at 23:55
until his
23 :55 hours
hours until
his Release
Release on
on 5/8/08 at 05:30
05 :30 hours
hours

Twentynine
nine(29)
(29) inmates
inmates who
had HOLDS
HOLDS
otherlaw
lawenforcement
enforcement
o Twenty
who had
of of
other
agencies
Jail
agencies were
weredelayed
delayedininrelease
releaseasasFulton
FultonCounty
County
Jailstaff
staffdid
did not
not
make the
make
thepickup
pickupnotification
notification within
within aa timely
timely manner,
manner,their
their degrees
degrees of
of
delay varied
varied as stated
delay
stated below:
below :
than36
36hours
hoursdelayed
delayed 16
16 inmates
inmates
•∎ More
Morethan
than 24
24 hours
hours but
but less
less than
than4848hours
hoursdelayed
delayed 02
•∎ More
Morethan
than 37
37 hours
hours but
but less
less than
02 inmates
inmates
than
48delayed
hours delayed 11 inmates
•∎ More
More than
48 hours
11 inmates

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 21 of 45

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Monitor
Page 21
21 of
of91
Page
91

o Thirteen
Thirteen(13)
(13) inmates
inmates were
weredelayed
delayedbybymore
morethan
than2424hours
hoursdue
duetotothe
the
Release
paperworkbeing
beingdelayed
delayed
deliveryatatthe
the Fulton
Fulton County
CountyJail
Jail
Release paperwork
inindelivery
after the
authorized and
and ordered
orderedby
bythe
the appropriate
appropriate Court,
Court,
after
theRelease
Release was
was authorized
their degrees
their
degrees of delay
delay varied
varied as
as stated
statedbelow:
below :
Paperworkdelayed
delayedbybyatatleast
least 34
34 hours
hours
∎• Paperwork
∎• Paperwork
Paperwork delayed
hours
delayedbybyatatleast
least 47 hours
∎• Paperwork
Paperworkdelayed
delayedbybyatatleast
least 80
80 hours
hours

02 inmates
0011 inmate
10 inmates

o One
One(1)(1)inmate
inmatewas
was
delayed
releasebybyatatleast
least fourteen
fourteen days
days (339)
(339)
delayed
in in
release
hours
he was
was detained
detained for
forthe
theUSUSDepartment
Department of
of Alcohol,
Alcohol,Tobacco
Tobacco
hours as he
10 :04
and
(ATF)from
from4/28/08
4/28/08at
at 17
17:00
until 5/12/08 at 10:04
and Firearms
Firearms (ATF)
:00 hours
hours until
hours
• 5/18/2008
through5/24/2008
5/24/2008there
therewere
wereatatleast
least six hundred
and forty
forty (640)
5/18/2008 through
hundred and
(640)
of those
those release records
inmates
released by
by Fulton
FultonCounty
CountyJail
Jailstaff
staff.. AA review
inmates released
review of
records
determined
the following
following::
determined the
Five(5)
(5) inmates
inmates who
whohad
hadbeen
beenOutsourced
Outsourced
theAtlanta
AtlantaCity
City and
and
o Five
at atthe
DeKalbCounty
County
Jailswere
weredelayed
delayedininrelease
release by more
than 24
24 hours
hours
DeKalb
Jails
more than
o Five
Five(5)
(5) inmates
inmateswere
weredelayed
delayedininrelease
release by
by more
morethan
than24
24hours
hoursas
as there
there
was aa staffing
staffing shortage
was
shortage in the
the Release
Release Office
Office
Three (3) inmates
inmates from
from between
between 25-26
• Three
25-26 hours
hours delayed
delayed
One (1)
33 hours
hours
• One
(1) inmate
inmate delayed
delayedbybyatat least
least 33
• One
(1) inmate
as 66 hours
One (1)
inmate delayed
delayed by as much
much as
oo One
(1)(1)inmate
was
delayed
in in
release
One
inmate
was
delayed
releasebybyatatleast
least twenty
twentyseven
seven(27)
(27)
hours as
as he
required to
to be
be cleared
cleared for
hours
he was
was required
for Release
Release by
by the Medical
Medical
Services
Providerprior
prior to
to release
Services Provider
oo Thirty
who had
law enforcement
enforcement
Thirtyfour
four (34)
(34) inmates who
had Holds
Holdsof
of other
other law
agencies were
weredelayed
delayedininrelease
releaseasasFulton
FultonCounty
County
Jailstaff
staffdid
did not
not
agencies
Jail
of
makethe
thepickup
pickupnotification
notification within
within aa timely
timely manner,
manner,their
their degrees
degrees of
make
delay
delay varied
varied as stated
stated below:
below :
lessthan
than3636hours
hoursdelayed
delayed 21
•∎ More
Morethan
than 24
24 hours
hours but less
21 inmates
inmates
lessthan
than4848hours
hoursdelayed
delayed 06
•∎ More
Morethan
than 37
37 hours
hours but less
06 inmates
inmates
than
48delayed
hours delayed 07 inmates
•∎ More
More than
48 hours
07 inmates

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 22 of 45

Report of
of tthe
Seventh Quarterly
Qua rterly Report
he
Court
Monitor
u rt Mo
ni to r
Co
Page 22
22 of
of91
Page
91

o Nine
Nine(09)
(09)inmates
inmateswere
weredelayed
delayedbybymore
morethan
than2424hours
hoursdue
duetoto the
the
Release paperwork
paperworkbeing
being
delayed
deliveryatatthe
the Fulton
FultonCounty
CountyJail
Jail
Release
delayed
in indelivery
after
and ordered
orderedby
bythe
the appropriate
appropriate Court,
Court,
after the
theRelease
Release was
was authorized
authorized and
their
their degrees
degrees of delay
delay varied
varied as
as stated
statedbelow:
below :
∎•
∎•
∎•
∎•
•

Paperwork
24 hours
Paperworkdelayed
delayedbybyatatleast
least 24
hours
Paperwork
63 hours
hours
Paperworkdelayed
delayedbybyatatleast
least 63
Paperworkdelayed
delayedbybyatatleast
least 127
127 hours
hours
Paperwork
Paperworkdelayed
delayedbybyatatleast
least 292
hours
Paperwork
292 hours

06
01
01
01
01
01
Ol

inmates
inmate
inmate
inmate

5/25/2008through
through5/31/2008
5/3112008
therewere
were
leastfive
five hundred
hundredand
andfifty
fifty three
three
5/25/2008
there
at atleast
(553)
inmates released
released by
by Fulton
FultonCounty
CountyJail
Jailstaff
staff.. AA review
of those
those release
release
(553) inmates
review of
records determined
the following
following::
determined the

o Four
Four(4)
(4) inmates
inmates who
whohad
hadbeen
beenOutsourced
Outsourcedatatthe
the Atlanta
Atlanta City and
DeKalbCounty
County
Jailswere
weredelayed
delayedininrelease
release by
than 24
24 hours
hours
DeKalb
Jails
by more
more than
o Two
Two
inmateswere
were
delayed
releaseby
bymore
morethan
than2424hours
hoursasas they
they
(2)(2)inmates
delayed
ininrelease
werehoused
housedatatthe
theAlpharetta
AlpharettaJail
Jail and
andtransport
transport staff
staffwas
not available
were
was not
wasdelay
delaybybyatatleast
least sixty
sixty
their release.
to ensure
ensure their
release. Of
Of these
these one
one inmate
inmate was
one (61)
eighty one
one (81)
one
(61) hours
hoursand
andthe
theother
otherbybyasasatat least
least eighty
(81) hours
hours
Two
inmateswere
were
delayed
releaseby
bymore
morethan
than2424hours
hoursasas they
they
o Two
(2)(2)inmates
delayed
ininrelease
were released
under ankle monitoring
monitoring requirements;
requirements ; one
one was
was delayed
delayed
were
released under
by 57
57 hours
hours and
and the
the other by
by
by 147
147 hours
in inrelease
o One
One(1)
(1)inmates
inmateswas
wasdelayed
delayed
releasebybytwenty
twentyfive
five (25)
(25) hours
hours due
due to
to
staffing shortage
shortage in the
the Release
Release Office
Office
a staffing

(1 inmates
) inmateswas
was
delayed
delayed
in inrelease
releasebybytwenty
twentynine
nine(29)
(29) hours
hours due
due
o One
One(1)
being required to
by the
the Medical
Services
to him
him being
to be
be Release-approved
Release-approved by
Medical Services
Provider
Providerprior
priorto
to his
his release
ao Twenty
Twentyfive
five(25)
(25) inmates
inmates who
whohad
hadHolds
Holdsofofother
other law
law enforcement
enforcement
agencies were
Jail
agencies
weredelayed
delayedininrelease
releaseasas Fulton
FultonCounty
County
Jailstaff
staffdid
did not
not
make
manner, their
degrees of
of
makethe
thepickup
pickupnotification
notification within
within a timely manner,
their degrees
delay
delay varied
varied as stated
stated below:
below :
∎• More
More than
lessthan
than3636hours
hoursdelayed
delayed 18
than 24
24 hours
hours but
but less
18 inmates
inmates

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 23 of 45

Seventh
Quarterly Report
Reportof
of the
Seventh Quarterly
Court
Court Monitor
Monitor
Page
23 of
of91
Page 23
91

• More
than 37
37hours
hours but
but less
less than
inmate
More than
than 48
48 hours
hours delayed
delayed O 01
1 inmate
• More
48 hours
06 inmates
Morethan
than
48delayed
hours delayed 06 inmates
o One
One(O(01)
inmate was
wasdelayed
delayedbybymore
morethan
than2424hours
hoursdue
duetotothe
the Release
Release
1) inmate
paperworkbeing
beingdelayed
delayed
deliveryatatthe
theFulton
FultonCounty
CountyJail
Jailafter
after the
paperwork
in indelivery
Release was
Release
wasauthorized
authorized and
andordered
orderedby
bythe
the appropriate
appropriate Court
Court::
•∎ Court
Court paperwork
paperworkbeing
being
delay
resultedininatatleast
least a 24
delay
resulted
24 hour
hour delay
delay
•∎ The
TheJail
Jail then caused
delay of
of at least
caused aa delay
least67
67hours
hours as
as he
he had
had been
been
Outsourced atatthe
delay of
of 116
116 hours)
hours)
Outsourced
theAtlanta
AtlantaCity
CityJail
Jail (total
(total delay
Three(3)
(3)inmates
inmateswere
weredelayed
delayedininrelease
release by
by more
more than
than 24
24 hours
hours as
as
o Three
they were
were detained
for Federal
Federal law
law enforcement
enforcement agencies:
detained for
inmatewas
wasdelayed
delayed
was
heldforforICE
ICE
least 69
∎• One
One inmate
asashehewas
held
forforatatleast
69
days from
from 3/2/2008
3/2/2008 until
until 5/29/2008
days
5/29/2008
Oneinmate
inmatewas
wasdelayed
delayedasas he
he was
was held
held for
for the
∎• One
the US
US Marshal's
Marshal's
Service
at least
least1515days
daysfrom
from 5/16/2008
5/16/2008 until
5/30/2008
Service for
for at
until 5/30/2008
Oneinmate
inmatewas
wasdelayed
delayedasas he
he was
was held
held for
for the
∎• One
the US
US Marshal's
Marshal's
Service
for
at
least
5
days
from
5/23/2008
until
5/28/2008
Service
at least 5 days from 5/23/2008 until 5/28/2008
Attachment: Release
Delay Reports
Lindsey -- May
May 2008
Release Delay
Reports from
from Lt
Lt..Lindsey
2008 Reports
Reports
• 6/01/2008
hundred and
6/0112008through
through6/07/2008
6/07/2008there
therewere
wereatatleast
least five
five hundred
andnineteen
nineteen
(519)
review of
(519) inmates
inmates released
released by
byFulton
FultonCounty
CountyJail
Jailstaff
staff.. AA review
of those
those release
release
the following:
records determined
determined the
following :
o One
DeKalb County
One(1)
(1)inmate
inmatewho
whohad
hadbeen
beenOutsourced
Outsourcedatat the
the DeKalb
CountyJail
Jail
was
51 hours
hours
was delayed
delayedininrelease
release by
byat
at least 51

One
inmatewaswas
delayed
releasebybyatatleast
least twenty
twenty six
six (26) hours
oo One
(1)(1)inmate
delayed
in in
release
by
Jail staff
given)
by Jail
staff(no
(nospecific
specificreason
reason was
was given)
Two
inmateswere
were
delayed
releaseby
bymore
morethan
than2424hours
hoursasas they
they
o Two
(2)(2)inmates
delayed
in inrelease
were
released under
were released
under ankle monitoring
monitoring requirements;
requirements ; one
one was
was delayed
delayed
by
by 97
97 hours
(2)(2)inmates
delayed
ininrelease
o Two
Two
inmateswere
were
delayed
releaseby
bymore
morethan
than2424hours
hoursasas they
they
had
prior
tototheir
had to
to be
be cleared
cleared by
bythe
the Medical
MedicalServices
Servicesprovider
provider
prior
theirrelease
release
66 hours
•∎ One
Onefor
for 66

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 24 of 45

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Page
24 of
of91
Page 24
91

•∎ One
Onefor
for 76
76 hours
o Twenty-eight
law enforcement
enforcement
other law
Twenty-eight(28)
(28) inmates
inmates who
whohad
hadHolds
Holdsofofother
agencies were
weredelayed
delayedininrelease
releaseasasFulton
FultonCounty
County
Jailstaff
staffdid
did not
not
agencies
Jail
makethe
thepickup
pickupnotification
notification within
within aa timely
timely manner,
manner,their
their degrees
degrees of
of
make
delay
delay varied
varied as stated
stated below:
below :

14 inmates
inmates
Morethan
than 24
24 hours
hours but less
∎• More
lessthan
than3636hours
hoursdelayed
delayed 14
04 inmates
inmates
Morethan
than 37
37 hours
hours but less
∎• More
lessthan
than4848hours
hoursdelayed
delayed 04
∎• More
than
48delayed
hours delayed 10 inmates
10 inmates
More than
48 hours
Six(06)
(06) inmates
inmateswere
weredelayed
delayedbybymore
morethan
than2424hours
hoursdue
duetotothe
the
oo Six
Release
in indelivery
Release paperwork
paperworkbeing
beingdelayed
delayed
deliveryatatthe
the Fulton
Fulton County
CountyJail
Jail
after the
authorized and
and ordered
orderedby
bythe
the appropriate
appropriateCourt,
Court,
after
the Release
Release was
was authorized
their degrees
degrees of delay
delay varied as stated
statedbelow:
below :
•∎
•∎
•∎
•∎

Paperwork
24 hours
hours
Paperworkdelayed
delayedbybyatatleast
least 24
Paperwork
27 hours
hours
Paperworkdelayed
delayedbybyatatleast
least 27
Paperwork
Paperworkdelayed
delayedbybyatatleast
least 108
108 hours
hours
Paperwork
131 hours
hours
Paperworkdelayed
delayedbybyatatleast
least 131

03
0011
0011
0011

inmates
inmate
inmate
inmate

• 6/08/2008
through6/14/2008
6/14/2008there
therewere
wereatatleast
least five hundred
and seventy
seventy
6/08/2008 through
hundred and
(578) inmates
inmates released
review of
those
eight (578)
released by
by Fulton
Fulton County
CountyJail
Jail staff.
staff. AA review
of those
release records
records determined
determined the
following :
the following:
o One
Cook County
was
One(1)
(1)inmate
inmatewho
whohad
hadbeen
beenOutsourced
Outsourcedatat the
the Cook
CountyJail
Jail was
delayedin
in release
release by
by at
at least
delayed
least 78
78 hours
hours

o Two
Two
inmateswere
were
delayed
releaseas
as they
they were
were Outsourced
Outsourcedatat the
the
(2)(2)inmates
delayed
in inrelease
Atlanta
City Jail
Jail;; one
hours and
and the other was
Atlanta City
one was
was delayed
delayed by
by 29
29 hours
was
delayed
hours
delayed by
by3355 hours
o One
inmate
waswas
delayed
in release
by by
at atleast
One
inmate
delayed
in release
least64
64hours
hoursasas he
he was
wastoto be
be
picked
picked up
up by
by the
the US
USMarshal's
Marshal'sService
Serviceheld
heldfrom
from6/09
6/09atat 16
16:22
:22 hours
hours
09 :13
hours
13 hours
until 6/12/2008 at 09:
o Two
(2)(2)inmates
delayed
ininrelease
a
Two
inmateswere
were
delayed
releaseby
bymore
morethan
than2424hours
hoursdue
duetoto
issues not stated by
by the Sheriff
Sheriff'ss Office;
Office ; one
treatment at
at
one was
was under
under treatment
Grady Hospital
and one
Grady
Hospital and
andwas
wasdelayed
delayedbybyatatleast
least 42 hours and
one was
was

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 25 of 45

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Monitor
Page
25 of
of91
Page 25
91

delayed by
by at
at least
the
delayed
least48
48hours
hoursdue
duetotowhat
whatwas
was stated
stated(ERROR)
(ERROR) bybythe
Sheriff
Sheriff'ss Office
Office
o Fifteen
Fifteen (15)
(15) inmates
hadHolds
Holdsofofother
other law
agencies
inmates who
who had
law enforcement
enforcement agencies
were delayed
delayedininrelease
release as
as Fulton
CountyJail
Jail staff
staff did
were
Fulton County
did not
notmake
make the
pickupnotification
notification within
within aa timely
manner,their
their degrees
degreesof
ofdelay
delay
pickup
timely manner,
varied
stated below:
below :
varied as stated
•∎ More
Morethan
than2424hours
hoursbut
butless
less than 36
36 hours
hours delayed
delayed
•∎ More
Morethan
than3737hours
hoursbut
butless
less than 48
48 hours
hours delayed
delayed
48 hours
hours delayed
delayed
• More
Morethan
than 48

10 inmates
inmates
02
02 inmates
06 inmates
inmates
06

Twelve(12)
(12)inmates
inmateswere
weredelayed
delayedbybymore
morethan
than2424hours
hoursdue
duethe
the
oo Twelve
Release paperwork
paperworkbeing
beingdelayed
delayed
deliveryatatthe
the Fulton
Fulton County
CountyJail
Jail
Release
inindelivery
after the
authorized and
and ordered
orderedby
bythe
the appropriate
appropriate Court,
Court,
after
theRelease
Release was
was authorized
their degrees
their
degrees of delay
delay varied
varied as
as stated
statedbelow:
below :
∎•
∎•
∎•
∎•
∎•
∎•

Paperwork delayed
delayedbyby
at least
at least
24-27 24-27
hours hours 0303inmates
inmates
Paperwork delayed
delayedbyby
at at
leastleast
34-7434-74
hours hours 0606inmates
inmates
Paperwork delayed
delayed
at least
113 hours Q 101inmate
Paperwork
by by
at least
113 hours
inmate
Paperwork delayed
delayed
at least
120 hours 0 101inmate
Paperwork
by by
at least
120 hours
inmate
Paperwork delayed
delayed
at least
130 hours 0 101inmate
Paperwork
byby
at least
130 hours
inmate
for an
an
State Court
Court Pretrial
Pretrialrefused
refusedtotoallow
allowSign
SignononBond
Bond (SOB)
(SOB) for
inmate; that
inmate;
thatinmate
inmatewas
was then
then required
requiredtotosecure
secureBond
Bond through
through
bonding company
- -delayed
byby
atatleast
a bonding
company
delayed
least 24
24 hours
hours O 011 inmate
inmate

Attachment
Delay Reports
Attachment:: Release
Release Delay
Reports from
from Lt
Lt.. Lindsey
Lindsey -- June 2008
2008 Reports

of
Noadditional
additional Release
ReleaseReports
Reportswere
were
submitted
Sheriff
afterthe
thereport
report of
No
submitted
by by
thethe
Sheriff
after
6/08/2008 through
andand
that
6/08/2008
through6/14/2008
6/14/2008
thatdata
dataisisincluded
includedininthe
the information
informationlisted
listed
above.
The Sheriff
notinincompliance
compliance with
with this
thismandate
mandate of the
the Consent
Consent Decree
The
Sheriff is
is not
Decree..
23
23.. The
Clerkof
of Fulton
Fulton County
CountySuperior
SuperiorCourt
Courtshall
shallwork
workwith
withthe
theSheriff
Sheriff to
to accomplish
The Clerk
accomplish
real
time disposition
court cases
rcal time
disposition of
of court
cases..

Monitor's Report
Report::

Although
are committed
committed to
Althoughthe
the Superior
SuperiorCourt
CourtClerk
Clerkhas
hasadvised
advisedthat
that they are
to
accomplish
there has
has been
been no
casedispositions,
dispositions,asasofofthis
this report there
no
accomplishreal-time
real-timeentry
entryofofcase

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 26 of 45

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Monitor
Page
26 of
of91
Page 26
91

The Sheriff
help
movementtotocarry
carry out this
Sheriff awaits
awaits the
the actual
actual results
results to help
movement
thiscommitment.
commitment . The
release-eligible based
him expedite
expedite the
the release
him
release of
ofthose
thoseinmates
inmateswho
who become
become release-eligible
based on
those dispositions and
the real-time data entry
those
and the
entry into
into the
theClerk's
Clerk'scase
caseinformation
information
database..
database
24.
State Court
Courtshall
shall work
workwith
withthe
the Sheriff
Sheriff to
first appearance
24. The
The Fulton
Fulton County
County State
to implement
implement first
appearance
hearings
at the jail
businesshours
hoursbybythe
theuse
useof
of video-cnnferencing,
video-conferencing,aa judicial
judicial
hearings at
jailbeyond
beyond normal
normal business
officer conducting
such hearings
hearingsatatthe
the jail,
jail, or
officer
conducting such
orother
othermeans.
means .
Monitor's Report:
Report :

Both
the Superior
Superior and
andState
State Court
CourtSystems
Systemsareareworking
working
with
Sheriff
their
Both the
with
thethe
Sheriff
inintheir
combinedefforts
effortsto
to ensure
ensure that
that each
inmateis
is promptly
scheduledtotothe
theappropriate
appropriate
combined
each inmate
promptly scheduled
first appearance
hearing within
withinthe
the next
nextavailable
available court
court date
date..
first
appearance hearing
IV. Other
and Conditions
Conditions
IV.
Other TCI'ms
Terms and
A. Staffing
Sccurity
A.
Staffing and Security
25.
Sheriff shall
shall assign at least
officers to
to supervise
supervise the
the inmates
inmatesininthe
the
25% The
The Sheriff
least three
three uniformed
uniformed officers
on each
eachside
sideofofeach
eachfloor
flooratatthe
theRice
RiceStreet
Streetfacility
facility on
onall
all shifts
shifts seven
days aa
six cellblocks
ccliblocks on
seven days
week
In addition,
addition,one
one supervisor
supervisor shall
shall be
be stationed
stationed on
on each
each floor and
and at
least one
one person
person
weel\:.. In
at least
shall be
be stationed
stationed in
in the
thetower
tower to
to observe
observe the
the cellblocks
cellblocks on
on each
each side
side from
from the
the tower.
tower . The
The
Sheriff shall
whenthere
thereare
arefewer
fewerthan
than
threeofficers
officersin
in aa
Sheriff
shall report
report to
tothe
theCourt
Court each
each month
month when
three
shift and
than three
three..
cellblock
cellUlock on
on any
any shift
and the reason
reason for there being
being fewer
fewer than
Report::
Monitor's Report

INMATE HOUSING
OFFICER STAFFING
INMATE
HOUSING -- OFFICER
STAFFINGAND
ANDDEPLOYMENT
DEPLOYMENT
Staff shortages
shortages continue
obstacle in
in compliance
compliance with
Staff
continue to
to be
be the
the single
single largest obstacle
withthe
the
terms
theConsent
Consent Decree.
Decree . Although
terms and
and conditions of the
Decreerequires
requires
Although the Consent
Consent Decree
three floor
floor officers
officers(North
(Northand
and South),
South), one
one tower
tower control
control officer
officeron
oneach
each Housing
Housing
Unit (North
(Northand
andSouth),
South),plus
plusa ashared
sharedfloor
floorsupervisor,
supervisor,the
thethree
threeshifts
shifts continue
continue to
to
Unit
understaffed..
operate dangerously
dangerously understaffed
Following
reviews of
ofthe
theWatch
WatchCommanders'
Commanders' Staff
Deployment Reports
Staff Deployment
Reports
Following extensive
extensive reviews
the following
following observations
observations were
were made:
made :
04
04/0112008
/01 / 2008 through 04/30/2008:
04/30/2008 :
)~,
averaged 48
>- The
The 7-3
7-3 shift
shift averaged
48.8%
ofall
all housing
area staffing
staffing shortages
.8% of
housing area
shortages

>-)~;-

The
averaged 32
The 3-11
3-11 shift
shift averaged
32.8%
ofall
all housing
area staffing
staffing shortages
.8% of
housing area
shortages

>-);,

The 11-7
averaged 18
The
11-7 shift
shift averaged
18.4%
ofall
all housing
area staffing
staffing shortages
.4% of
housing area
shortages

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 27 of 45

of the
Seventh Quarterly
Reportt of
Quarterly Repor
Court
Court Monitor
Monitor
Page
of91
P age 227
7 of
91

• The
The7-3
7-3 shift
shift operated
on four
four particular
particular days
with an
an inordinate
inordinate
operated on
days with
amount
housingarea
areastaff
staff shortages
amount ofofhousing
shortages
4/23 operated with 66.6%
ofthe
the day's
day's staff
staff shortages
66 .6% of
4/04 operated
with 65.8%
ofthe
the day's
day's staff
staff shortages
4/04
operated with
65 .8% of
shortages
4/22 operated with 60.7%
ofthe
the day's
day's staff
staff shortages
4/22
60.7% of
shortages
ofthe
the day's
day's staff
staff shortages
4/11 operated
operatedwith
with558.8%
shortages
4/11
8 .8% of
The3-11
3-11shift
shift operated
operated on
onthree
three particular
particular days
with an
an inordinate
inordinate
• The
days with
amount
amountofofhousing
housingarea
areastaff
staff shortages
shortages::
of the
the day's
day's staff shortages
shortages
4/02 operated
operated with
with 59.1
59 .1%% of
shortages
4/09
ofthe
the day's
day's staff
staff shortages
4/09 operated
operated with
with 55.6%
55 .6% of
4/08
operated with
with 47%
47%ofofthe
theday's
day'sstaff
staff shortages
shortages
4/08 operated
4/03 operated
ofthe
the day's
day's staff
staff shortages
operated with
with 43.6%
43 .6% of
shortages
• The
11-7shift
shift operated
operated on
onfour
four particular
particular days
with an
an inordinate
inordinate
The 11-7
days with
amount ofofhousing
shortages :
housingarea
areastaff
staff shortages:
amount
shortages
ofthe
the day's
day's staff
staff shortages
4/01 operated
operated with 30.6%
30 .6% of
shortages
ofthe
the day's
day's staff
staff shortages
4/13 operated
operated with 29.7%
29 .7% of
ofthe
the day's
day's staff
staff shortages
4/19 operated
4/19
operated with 29.6%
29.6% of
shortages
4/06
operated with 27.9%
27.9% of
shortages
4/06 operated
ofthe
the day's
day's staff
staff shortages
HOUSING
AREA FLOOR
FLOOR OFFICERS
OFFICERS vs
vs MANDATED
POSITION
HOUSING AREA
MANDATED POSITION
April 01 -• April
April
April 30,
30 , 2008
Combined
Sh i fts
Combined Shifts

·--1'

158 ~
158
156
154
--------152 ----e
152
150 I---1 48
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146 I ------1 44 - - - - -- -_
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HOUSIN G AREA FLOOR
FLOOR OFFICERS
O FFI CERS vs MANDATED
MANDATED POSITIONS
POSITIONS
HOUSING
April
April
A
pril 01
01 -- A
pril 30,
30, 2008
2008
7-3
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7-3 SHIFT

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Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 28 of 45

Seventh
Quarterly Report
Reportof
of the
Seventh Quarterly
Court
Court Monitor
Monitor
Page
28 of
of91
Page 28
91
HOUSING
OFFICERS vs
vs M
MANDATED
HOUSI
AREA FLOOR
FLOOR OFFICERS
AN DATED POSITIONS
N G AREA
April 01
April 30,
April
01 --April
30, 2008
2008
3-11
SHIFT
525
3-11 SHIFT
525
52 {~
51
5
f--

:a l*~_·-~Kif\ iT ~~~-z-· ._~~1i4-~~
:~i f:~- -:-:~.-~~:-- ~----;===~~.=- .-- --==~ ----- --- - ----=~=~-- ~ - - -~~
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HOUSING
AREA FLOOR
FLOOR OFFICERS
OFFICERS vs
vs MANDATED
HOUSING AREA
MANDATED POSITIONS
POS I TIONS
Aprill 01 - April 30,
Apri
30, 2008
11-7
11 -7 Shift
Sh i ft
----

53
52
51 ---- --- -- -- --- - --- - -- --------- ;
50 - -- - - -- - -- •--- -- ------ 49
-48 : -•-- - --- ----------• - --- 47
- - - -- - - - -- - - --- 46 I - I
-- "----45
------ ----- - -- --- - - - ---. --- - - ----- - ---------------- - -------- ---------- - ---- - -----------.
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v

1- 11-7 AClUAL -+-MAf\DATHlSTAFF i
--f-11-7 ACTUA L t MANDATED STAFF

HOUSI
N G OFFICERS
HOUSING
POSITION
REPORTING vs
vs M
MANDATED
POSITIONS
OFFICERS POSITIO
N REPORTING
AN DATED POSITIO
NS
April 01 - April
April 30,
30, 2008
2008

--- ...AJJ.I~---------___:~:_:_---------~i
1600
1600
1 550
1550
1500
1 500
11450
4 50
1400
1400
1350
1 350
1300

.. . - - _ . -1523- --

:1541--_ _.__ ---- --- --

-I

11-7
3-11
7-3
MANDATED
11-7
3-11
7 -3
STAFF
(97
STAFF SHIFT
SHIFT
(97.6"10)
. 6°/a SHIFT
SHIFT (98
(98.7%)
.7%) SHIFT
SHIFT(89
(89.8"1~
. 8°/4

05 /01 /2008 through
05/0112008
05/3112008:
through 05/31/2008:
);~-The
The 7-3
7-3 shift
shiftaveraged
averaged 47.8%
47 .8% of
~
ofall
all housing
area staffing
staffing shortages
housing area
shortages
)~,
The 3-11
averaged 25.2%
25 .2% of
~ The
3-11 shift
shift averaged
ofall
all housing
area staffing
staffing shortages
shortages
housing area
)~,
The 11-7
averaged 27%
~ The
11-7shift
shift averaged
27%ofofall
all housing
housingarea
areastaffing
staffing shortages
shortages
• The
operated on
days with
with an
The7-3
7-3 shift
shift operated
on four
four particular
particular days
an inordinate
inordinate
of
housing
area
staff
shortages
amount
amount of housing area staff shortages

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 29 of 45

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Page 29
29 of
of91
Page
91

5/28
operated with
with 67%
67%ofofthe
theday's
day'sstaff
staff shortages
shortages
5/28 operated
ofthe
the day's
day's staff
staff shortages
5/01 operated
operated with 62.80/0
shortages
62 .8% of
5/15 operated
theday's
day'sstaff
staff shortages
shortages
5/15
operated with
with 60%
60%ofofthe
shortages
ofthe
the day's
day's staff
staff shortages
5/29 operated
operated with
with 59.6%
59 .6% of
• The
The3-11
3-11shift
shift operated
operatedon
onthree
three particular
particular days
with an
an inordinate
inordinate
days with
housingarea
areastaff
staff shortages:
amount
amount ofofhousing
shortages :
ofthe
the day's
day's staff
staff shortages
5/08 operated
operated with
with 41
41.7%
5/08
.7% of
shortages
.7% of
shortages
ofthe
the day's
day's staff
staff shortages
5/13 operated
with 40
40.7%
operated with
5/06
with 40%
40%ofofthe
theday's
day'sstaff
staff shortages
shortages
5/06 operated
operated with
theday's
day'sstaff
staff shortages
shortages
5/27
with 37%
37%ofofthe
5/27 operated
operated with
11-7shift
shift operated
operated on
onfour
four particular
particular days
with an
an inordinate
inordinate
• The
The 11-7
days with
amount
housingarea
areastaff
staff shortages
shortages::
amountofofhousing
5/04 operated
ofthe
the day's
day's staff
staff shortages
operated with 48.5%
48 .5% of
shortages
of the
the day's
day's staff
staff shortages
5/10 operated
operated with 42.4%
42 .4% of
shortages
5/24 operated
5/24
operated with
with 40%
40%ofofthe
theday's
day'sstaff
staff shortages
shortages
ofthe
the day's
day's staff
staff shortages
5/25 operated
operated with
with 39.5%
39 .5% of
shortages

I

HO
U SI N G AREA FLOOR
FLOOR OFFICERS
OFF I C ERS vs
MANDATED POSITION
POS I TION
HOUSING
va MANDATED
May
- May
31,, 2008
2008
Ma y 01
01 May 31

•.__....... . . . • ...__ • •_ _

~~~ F~I

1 60
155
150
150
1 45
140
135
135
130
130
125
125
120

~

= -_
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6
0

:~

HOUSING AREA
AREA FLOOR
FLOOR OFFICERS
OFFICERS vs
va MANDATED
POSITIONS
MANDATED POSITIONS
May 01
2008
May
01 - May
31,2008
May 31,
7-3
7-3 SHIFT
SHIFT

---_- -..• -- - - . ----- - - - -- ..-_-- - ---------- -- -- - - --- - - - -- -- -- sees
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~,

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Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 30 of 45

Seventh
Quarterly Report
Reportof
of the
Seventh Quarterly
Court
Court Monitor
Monitor
Page 30
30 of
of91
Page
91
HOUSING
OFFICERS
vs MANDA
MANDATED
HOUS
IN G AREA FLOOR
FLO OR OFFI
C ER S vs
T ED POSITIONS
POS ITI ONS
May 0
011 -- May
31, 22008
May 31,
008
3-11
SHIFT
3-11 SHI FT

53 ,
52
51
- -50
49
-'-48
4 7 • -'-" " "-- - ----- ""
46 • --'-" --- - --"--'"
45
-" -----'44 ' ---43
--

a a a a a a a s a a
1-3-11
-a-3- 11 ACTUAL
ACTUAL .....-MD.NDATEDSTAFF
--* -MANDATID STAFF 1

~
60 -

..

HOUSING AREA
AREA FLOOR
FLOOR OFFICERS
OFFICERS vs
vs MANDATED
POSITIONS
HOUSING
MANDATED POSITIONS
May 01
01 -- May
May
May 31,
31, 2008
2008
11-7
Shift
11-7 Shift
--

:~ t~l'J:=~~1.l_~_~"'
.. ~~~·~."__ ~~~~·.~!!!!!~~-~:;lI.
~ _!!:_~__.•__•.!!!I~!!!!!!!lI~~.~I! ! ! !I ~*Y"C!_!!!!!!
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. _I
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8 8---s8 ~ ~ 8s-8 .-s
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I

HOUSING
O FF I C ERS POSITION
POS I TION REPORTING
REPORT ING vs
HOUSING OFFICERS
POSITIONS
v s MANDATED
MANDATED POSITIONS
May
May 31
May 01
01 - May
31,, 2008

i
1700

,.=......------_.. _- ~

1600

··-·---1-409- - - - - - !

1500
1500

!

1400
1400
1300
1300
MANDATE D
11
MANDATED
11-7
3-11
7-3
-7
311
STAF
F
S
H IFT (94
.3%) SHIFT
SHI FT (97
STAFF
SHIFT
(94.3%)
(97.50/0)
(87.4%)
.59/6) SHIFT
S H IF T (87
.49/6)

06/01/2008 through
through 06
06/0112008
06/30/2008:
/30/2008:
)~,
The 7-3
averaged 47.7%
47 .7% of
y The
7-3 shift
shift averaged
ofall
all housing
area staffing
staffing shortages
shortages
housing area
)~,
The 3-11
averaged 25
y The
3-11 shift
shift averaged
25.2%
ofall
all housing
area staffing
staffing shortages
.2% of
housing area
shortages
averaged 27.1
27 .1%% of
y~, The
The 11-7
11-7shift
shift averaged
ofall
all housing
area staffing
staffing shortages
housing area
shortages
•• The
The 7-3
operated on
days with
with an
7-3 shift
shift operated
on four
four particular
particular days
an inordinate
inordinate
amount ofofhousing
amount
housingarea
areastaff
staff shortages
6/24
6/24 operated
operated with
with 60%
60%ofofthe
theday's
day'sstaff
staff shortages
shortages
6/18 operated
operated with
58
with 58.4%
ofthe
the day's
day's staff
staff shortages
.4% of
shortages

Case 1:04-cv-01416-MHS Document 204
Filed 07/08/2008
Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court Monitor
Monitor

Page 31 of 45

Page
31 of
of91
Page 31
91

6/05 operated
operated with
with 54%
54%ofofthe
theday's
day'sstaff
staff shortages
shortages
6/08 operated
ofthe
the day's
day's staff
staff shortages
operated with 53.9%
53 .9% of
shortages
• The
3-11shift
shift operated
operated on
onthree
three particular
particular days
an inordinate
inordinate
The 3-11
days with
with an
housingarea
areastaff
staff shortages:
amount
amount ofofhousing
shortages :
6/03 operated
45.5%
of the
the day's
day's staff
staff shortages
operated with
with 45
.5% of
shortages
of the
the day's
day's staff
staff shortages
6/17 operated with 37.5%
37 .5% of
shortages
6/04 operated
of the
the day's
day's staff
staff shortages
operated with 34.6%
34 .6% of
shortages
6/07 operated
of the
the day's
day's staff
staff shortages
operated with 33.5%
33 .5% of
shortages
days with
• The
The11-7
11-7shift
shift operated
operated on
onfour
four particular
particular days
with an
an inordinate
inordinate
housingarea
areastaff
staff shortages:
amount
amount ofofhousing
shortages :
ofthe
the day's
day's staff
staff shortages
6/21 operated
operated with
with 36.8%
36 .8% of
shortages
6/22 operated
operated with
with 32.7%
32 .7% of
shortages
ofthe
the day's
day's staff
staff shortages
6/06 operated
operated with
with 33.3%
33 .3% of
shortages
ofthe
the day's
day's staff
staff shortages
ofthe
the day's
day's staff
staff shortages
6/25 operated
operated with
with 32.4%
32 .4% of
shortages
HOUSING
OFFICERS VB
MANDATED
HOUSI NG AREA FLOOR
FLOO R OFFICERS
vs MAN
DATED POSITION
POSITIO N
June 01
01 -June
• June 30,
3D, 2008
June
2008

j~

~~

------- -135
130 ~ i -- .
- - -.-130
- --- ....
-- --125

.. - - - - - - _ . . . . . .

.

i~

~ ~ ~
~

~;g-i

Com b ined S h ifts

160
155
150
145 ;
140 ~

~

.

.

--~r·

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-

r

--------------_..

-

~ ~ ~ ~ ~ ~ ~ ~ ~

i
~

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~

ALL SHIFTS
SHIFTS ACTUAL
_
MANDATED STAFF
STAFF
-- *-- ALL
ACTUAL ~

1

~

~

~

~

~

~

.!

..

~

i

~

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~

HOUSING
OFFICERS vs
VB MANDATED
HOUSI
NG AREA FLOOR
FLOO R OFFICERS
MANDATED POSITIONS
POSITI ONS
June
June 07
01 -June
- June30,
30, 2008
2008

I

7-3
7-3 SHIFT
so
60

:~

40

_

:;;;.__t_..~__a ~,.~.= :--:.~

50

---

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Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 32 of 45

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Page 32
32 of
of91
Page
91
HOUSING
AREA FLOO
FLOOR
va MANDAT
MANDATED
H
R OFFICERS
OF FI C ERS vs
ED POSITIONS
P OSITIO N S
O U S IN G AREA
June 0011 -June
- June 330,
June
0 , 2008
2008
3-11 SHIFT
SHI FT
- - ..... -- .--

_

53 ~
53

ikt u~~;;~~:=:=: %--~-~~

$2 r

51
50
49

11

------- - • --- ----- - ------ -- --- ---- - - -- --- -----•
- --------- -- - --- -- - ----- --• -----

48 47 - - --

--

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----

---- - •-- ---- --- ----

--- ------ - ----- - - -- -- - --

46
-- ---- - ---- ---- -- - --- --- - - -- ---- '
- -- _.. ------ !
45 ----------------- .- -- ---•
44
----- - .-- -- --- ------- --- -- - - --- -----------..
.
..
_-------_
..
_
..
_--------------.-----------------------43
43 ------- -- - -- - - - - ---- ------ -- • - - -------•----

-_

co
00
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\
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co 000o00 ao00 0o
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N N N N N
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-3-11

~
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1

HOUSING
OFFICERS vs
va MANDATED
MANDATED POSITIO
POSITIONS
HOUSI
NG AREA
AREA FLOOR
FLOOR OFFICERS
NS
June
01 -June
- June 30,
30, 2008
June 01
11-7
11-7 Shift
Shift

554~-4

:~ 1:~~;.~~~~~.~-.~. .~-:--~--~-~::;;;~~~~t::l;::2~;:::::::::::~;;;::::::::::~~;;

52

50
48
4 8 +--------------------\:;I------="'tt::--+-----~c::::0;04~

4
46 6+---4
44 4 + - - - - ._. -----_. ------ ----_ .. -----. --- - --- .
42
42 -1--------r00

00

<10

00

<10

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~

~ ~

<10

.._--,----- ..

<10

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00

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r:::
r-z ~ ~
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ii5 ii5 i 5
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"' "' "' "' "' "' 1"' "'

~
~

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<D ~
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00

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00

<10

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00

8s
8N
8Ns N
8s N
8s N
8s N
8s N
8s N
8 sN
8N sN
8 sN
8N sN
8N sN
s 8~Ns N
8s N
8N
N
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~ i'INI ~ V i InUl (O
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mW ~
f7 O
u) (O I~- GO ~
O
l~

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s8 s8 s8 s8 s8~ s8 s~
8 8s~8 s~
8 8s8s8 s8
N
N

N
N
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N
N
N
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~
(;j
<D
00 (3
V
N
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z z co

<D

-f- 11-7 ACTUAL-MANDATEDSTAFF
ACTUAL -+- M4N DATID STA FF

<10

f-~

N

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N

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a)
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(3

~ m~ ~o
m
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5l

HOUSING OFFICERS
REPORTING vs
MANDATED POSITIONS
HOUSING
OFFICERS POSITION
POSITION REPORTING
vs MANDATED
POSITIONS
June 01
01 -- June
June
June 30, 2008

1600
1500
1400
1300
1200
MANDATED
11-7
3-11
7-3
11-7 3-11
7-3
STAFF
STAFF SHIFT
SHIFT (96
(96.70/0)
.7°/4 SH
SHIFT
I FT ((97.4°/0)
97 .4 °/4 SHIFT ((85.80/0)
85 . 8°/4

Seventh Quarter
Quarter Report
Seventh
Report April
AprilJune 2008
- June

)~,
The 7-3
averaged 48.1%
48 .1 % of
~ The
7-3 shift
shift averaged
of all
allhousing
housing area staffing
staffing shortages
shortages
)~- The
averaged 27.7%
27 .7% of
~
The 3-11
3-11 shift
shift averaged
ofall
all housing
housing area
area staffing
staffing shortages
shortages
)~- The
averaged 24.2%
24 .2% of
~
The 11-7
11-7shift
shift averaged
ofall
all housing
area staffing
staffing shortages
housing area
shortages

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 33 of 45

r t of
Seventh Quarterly
Report
thee
Quarterly Repo
o f th
Court Monitor
Court
Monito r
Page
age 33 of91
P
of 9 1

160
160

HOUSING
AREA FLOOR
FLOOR OFFICERS
OFFICERS vs
MANDATED POSITION
POSITION
HOUSING AREA
Vs MANDATED
01 - June
June 30
30,, 2008
April 01
Combined
Shifts
Combined Shifts

-

155
155
150
150
~7NyN
145
145
~
140
140 •-- - - - --- - --135
135 ~
- - - --- - - -_ .
130 4 --- -- -- -----130
125
125 I - ---- -120
120
--- -- - --- ~._~--=-----=-~-:-=~---.
-- -- -~- ----- - =-~~=-==---==--=------ - T -- ---

f--- ---- ---------- -

----- ------.-------.

--=

----- --- ----.-.
~--r----···--- ~-~~~=-:==.~=
---~------- •-- ~--- --

1--.. ". _.:__..
~

a

a

1_ALL SHIFTS ACTIJAL _ _ lIMfIOATID STAFF
-r--ALL SHIFTS ACTUAL t MANDATED STAFF

HOUSING
AREA FLOOR
FLOOR OFFICERS
OFFICERS vs
vs MANDATED
POSITIONS
HOUSING AREA
MANDATED POSITIONS
April
3D,, 2008
Apri l 01
01 -• June
June 30
7-3 SHIFT
7-3

60
60

-

----

--

•

--

--

•-

---

:~~~".
50

4 0 ~ - ----- ---30
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HO
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R OFFICERS vs MAN
DATED POSITIONS
HOUSING
FLOOR
MANDATED
April 01
01 -- June
June 3D,
30, 2008
2008
3-11
SHIFT
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53
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L
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---------~
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a s - - - ----~
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pril 01
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June 30,
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2008
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Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 34 of 45

Seventh
Quarterly Report
Reportof
of the
Seventh Quarterly
Court
Court Monitor
Monitor
Page 34
34 of
of91
Page
91
HOUSING
OFFICERS POSITION REPORTING
HOUSING OFFICERS
REPORTING vs
vs MANDATED
MANDATED POSITIONS
June 30
30,, 2008
April 01 - June
- --- - i
-~- -'

4800
4600
4400
4200
4000
3800
MANDATED
11-7
3·11
7-3
MAN
DAT ED
11-7 311
STAFF SHIFT
( 96 . 2 %) SHIFT (97.9%)
( 97 . 9 °/4 SHIFT
STAFF
SHIFT (96.2%)
SHI FT (87.7"1~
(87 .7%)

STAFFINGDEPLOYMENT
DEPLOYMENT
INMATE HOUSING
SUPERVISORY STAFFING
INMATE
HOUSING - SUPERVISORY
Basedupon
uponthe
thestaffing
staffing analysis
Watch
Based
analysisthat
thatwere
weredone
doneusing
usingthe
theactual
actual
WatchCommanders
Commanders
Reports,
shortage
supervisory
staffcontinues
continuestotobe
be
Staffing and
and Deployment
Deployment Reports,
thetheshortage
ofof
supervisory
staff
dramatic.
dramatic . Of
Of the
theeight
eight(2-North
(2-Northand
and2-South
2-South Closed)
Closed) mandated
mandated supervisory
supervisory posts
posts
required by
by the
the Consent
ConsentDecree,
Decree,the
thethree
three shifts
shifts maintained
various averages
averageswith
with
required
maintained various
each
consistently operating
far below
onefloor
floor supervisor
supervisor
each consistently
operating far
below the required mandate
mandate ofofone
Marietta
for each
each floor in
in the
themain
main Jail,
Jail,and
andone
one supervisor
supervisor atatthe
theBellwood
Bellwood and
and Marietta
Blvd.
Annex .
Blvd. Annex.
04/0112008
- 04/30/2008
04/01/2008 -

During
Duringthis
this 30
30 day
day period,
period, there
there were
were 563
563supervisors
supervisorsreporting,
reporting, rather
rather than
than the
the 720
720
one supervisor
supervisor per
per housing
floor and
required to
to meet
meet the
the County
County Mandate
Mandate ofofone
housing floor
and annex
annex
facility . The
facility.
78.2%
of the
the housing
supervisorsthat
that are
are
The Jail
Jailoperated
operated with
with only
only 78
.2% of
housing supervisors
required under
under the
the Court
Court Mandate.
Mandate .
HOUSI
N G SUPERVISORY
SUPE R VISORY POSITIO
N S YS
vs MAN
HOUSING
POSITIONS
MANDATED
POSITIONS
DATED POSITIO
NS
April 01
01 - April
April 30,
30, 2008
2008

9

!~

8
7
6
5
4
3
2
1
1

-0

---- --- -

.

0_0_.

._____

,
1

----•~2

a

a

a

a

a

a

'a

a

a

a~~

Q~~~~~~

t11 -7 AC1UAL
ACTUAL 3-11 ACTUAL
ACTUAL 1-11-7
--3-11
-11-7-3
STAFF
0 -7-3AC1UAL
ACTUAL-ll-MANDATED
-MANDATED STAFF

I

To
To provide
providesome
some
insight
insight
asastotohow
how
critical
criticalthe
theshortage
shortageis,
is, please
please consider
considerthe
the
following:

Q
i

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 35 of 45

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Page
35 of
of91
Page 35
91

•

7-3 Shift failed
failedtotomeet
meetthe
theMandate
Mandate of
supervisors during
of eight
eight supervisors
duringall
all
but eeleven
of the
leven (11) days
days of
the reporting
reporting period
period
but

4/13there
therewere
wereonly
onlythree
three(3)
(3)supervisors
supervisorsassigned
assignedtoto
oo OnOn
4/13
Housing
o OnOn4/06
4/06and
and4/20
4/20there
therewere
wereonly
onlyfour
four(4)
(4) supervisors
supervisors assigned
to Housing
to
Housing
• 3-11 Shift failed
meet the
the Mandate
of eight supe
supervisors
Mandate of
rvisors during
duri ng all
failed to meet
he reporting period
of tthe
but two
two (2) days
days of

4/12and
and
4/19there
therewere
wereonly
onlytwo
two(2)(2)supervisors
supervisorsassigned
assignedtoto
oo OnOn4/12
4/19
Housing
and 4/26
On4/05,
4/05, 5/25, and
4/26 there
there were
wereonly
onlythree
three (3)
(3) supervisors
supervisors
o On
assigned to
to Housing
Housing

o OnOn4/11
4/11and
and4/27
4/27there
therewere
wereonly
onlyfour
four(4)
(4)supervisors
supervisors assigned
assigned to
to
Housing
11-7 Shift failed
failedtotomeet
meet the
theMandate
Mandate of
supervisors during
• 11-7
of eight
eight supervisors
duringall
all
but four
but
four (4) days
days of
of the
the reporting
reporting period
period

4/04,4/19,4/27
therewere
wereonly
onlyfour
four(4)
(4) supervisors
supervisors
oo OnOn
4/04,
4/19, 4/27 there
assigned to
to Housing
Housing
4/07,4/12,4/18,4/20,4/28
only five (5)
On4/07,
o On
4/12, 4118, 4/20, 4/28 there
there were
were only
supervisors assigned
assigned to
toHousing
Housing
N REPORTING
SUPERVISORYPOSITIO
POSITION
REPORTING vs
vs MANDATED
MANDATED POSITIONS
POSITIONS
SUPERVISORY
(HOUSI
N G ONLY)
N
(HOUSING
April
01
April
30,
2008
O LY) April 01 -April 30, 2008

250
250:
/_200.-/
200
150
100
100
50 r50
Oi
0
MANDATED
11
-7
33-11
- 11
7
MANDATED
11-7
7-3
-3
STAFF SHIFT
. 9 %) SHIFT
STAFF
SHIFT(77
(77.9%)
SHIFT (72
{72.5°/~
SHIFT (84
(84.1%)
. 5°/4 SHIFT
. 1 °/a

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 36 of 45

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court
Court Monitor
Monitor
Page 36
36 of
of91
Page
91

05/0112008 -- 05/3112008
05/01/2008
05131/2008
During
Duringthis
this 31
31 day
day period,
period,there
there were
were581
581supervisors
supervisorsreporting,
reporting,rather
rather than
than the
the 744
744
ofone
one supervisor
supervisor per housing
floor and
required to
to meet
meet the
the County
County Mandate
Mandate of
housing floor
and annex
annex
facility.
the housing
housingsupervisors
supervisorsthat
thatare
are required
required
The Jail
Jailoperated
operated with
with only
only 78%
78% ofofthe
facility . The
under the
under
the Court
CourtMandate.
Mandate.
HOUSING
PosmONS
POSITIONS
HOUSI
N G SUPERVISORY
SU P ERVISO RY POSI
T IO NS vs MANDATED
MANDATED P
OSITIO N S
May
01 -- M
May
M ay 01
ay 31,
37, 2008
2008

i ~_....~....-t"""""'~Ir-IP4I~""
9
8
7
6 ,
6
5 .-5
4 4
3 .
3
2 --2
1
1

__

"""""''''''''''''''''~~~''''''''''''''''''''''''''''''''-'­
r-

o
0

_ -. - - r~
- --.. _
-~--- ------- - •--------- ----- -- •- T-- - - ---- _ ~
~--,
.~---~."-.

a

a

a

a

~

~

a

a

a

a

a

a

a

a

a

a

Ss

~~~

~S

~-11 -7 ACTUAL ~-3 - 11 ACTUAL -i--7 - 3 ACTUAL f MANDATED STAFF

To provide
providesome
some
insightasastotohow
how
criticalthe
theshortage
shortageis,
is, please
please consider
considerthe
the
To
insight
critical
following:
•

eight supervisors
supervisorsononall
all but
but
7-3 Shift failed
failedtotomeet
meet the
the Mandate
Mandate ofofeight
(16) Days
Days of the
the reporting
reporting period
period
sixteen (16)
o OnOn5/02
5/02and
and5/18
5/18there
therewere
wereonly
onlyfour
four(4)
(4) supervisors
supervisors assigned
assigned to
to
Housing
o On
On 5/03
5/03 and
and 5/
5/04
there were
were only
onlyfive
five (5) supervisors
assigned
04 there
supervisors assigned
to Housing
Housing
to

• 3-11 Shift failed
failedtotomeet
meetthe
theMandate
Mandate of
supervisors during
during
of eight supervisors
the entire thirty
thirty one
one (31)
(31) days
days of
of the
thereporting
reporting period
period
oo OnOn
5/03
5/03and
and5/24
5/24there
therewere
wereonly
onlytwo
two(2)
(2)supervisors
supervisors assigned
assigned to
to
Housing

5/17
o OnOn5/10
5/10and
and
5/17there
therewere
wereonly
onlythree
three(3)
(3) supervisors
supervisors assigned
assigned
to Housing
Housing
to
5/18and
and5/30
5/30there
therewere
wereonly
onlyfour
four(4)
(4)supervisors
supervisors assigned
assigned to
to
o OnOn5/18
Housing

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 37 of 45

Seventh
Quarterly Report
Reportof
of the
Seventh Quarterly
Court
Court Monitor
Monitor
Page
37 of
of91
Page 37
91

•• 11-7 Shift failed
of eight
eight supervisors
duringall
all
failedtotomeet
meetthe
theMandate
Mandate of
supervisors during
but
but ten (10)
(10) days
days of the
the reporting
reporting period
period
a
5/04there
therewere
wereonly
onlythree
three(3)
(3)supervisors
supervisorsassigned
assignedto
to
o OnOn5/04

Housing
ao OnOn5/04
5/04and
and5/24
5/24there
therewere
wereonly
onlyfour
four(4)
(4) supervisors
supervisors assigned
assigned to

Housing

ao OnOn5/02,
5/02,5/03,
5/03,5/10,
5/10,5/18
5/18 and
and5/25
5/25there
there were
wereonly
onlyfive
five (5)
(5)
supervisors assigned
assigned to
toHousing
Housing

-l

SUPERVISORY
POSITION
SUPERVISORY POSITIO
N REPORTING
REPORTI N G vs MANDATED
M A N DATED POSITIONS
(HOUSING ONLY)
May
01
May
O N LY) M ay
M ay 31,2008
31, 2008

.... ·····:248
250
250·
200 !
1150
50 .
I

100
100.
550
0 :
0

1

-7
- 11
-3
MANDATED
11-7
3-11
7-3
MANDATED 11
3
7
STAFF SHIFT
. 8 %) SHIFT
. 9 °l4 SHIFT
SHIFT (84
.3 °Ia
STAFF
SHIFT(79
(79.8%)
SHIFT (69
(69.9o/~
(84.3%)

06/01 /2008 -- 06/30/2008
06/0112008
During
were 567
porting, rather
rather than
than the
the 720
720
Duringthis
this 30
30 day
day period,
period, there were
567supervisors
supervisorsre
reporting,
of one
supervisor per
per housing
housingfloor
floor an
and
required to
to meet
meet the
the County
County Mandate
Mandate of
one supervisor
d annex
facility . The
The Jail
Jailoperated
operated with
with only
only 78.7%
78 .7% of
ofthe
the housing
housingsupervisors
supervisorsthat
that are
are
facility.
required under
under the
the Court
Court Mandate.
Mandate .
HOUSI N G SUPERVISORY
SUPERVISORY P
TE D POSITIONS
HOUSING
POSITIONS
vs MANDA
MANDATED
OSI TIO NS vs
PO SITIONS
June
June 30,
2008
June 01
01 -- June
30,2008

9 .

.....

- - ~t';It~
- - - -....
- ~·
---. - - - - - - - ~--- II:oII""'"'t~ ..................
,..---~'- II;::'
-~--~~""~IJj----I'
...-.......
.-~..-..j
. 8~1.~
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i" ..
6
5
....
5 ; --.. --'---'~~-~k--p>.~----\~~IF+~----"'~~---_--l~II--rr-\#4
2N
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22 ... - - _..- ..----..- --w::----------4---.---:..:.-------:---°
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--- ---- - .
r-·------------_ .. -------··r
001
-----,-- --.- --- -r--~-- - --- --0
0 0
0 00 00 00o oa Bo o~
~ o
0 0
0 0o 0o~
o~ B
0
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0 o
0 o~
0 o 0 a 8 0 0 0 0 S 0~ 0

~

; .::...1..-~:=~=--""-.:--~.~:--r------1I,....-#----::~----------liI~.....
t·-·~.-:-~.. _.,

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g g g g 8 g g g 8 g g
~ ~ ~ ~ ~ g ~ ~ ~ ~ ~
w w
w
w
w w w
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_~_

§ g g g g g g g 8 g g g g g

g

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~

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-+- 11-7 ACTUA
L -~--3-1
A C TUAL -11-7-3
-~- 7-3 A
CT UAL -E-MANDATED
[-+-11-7
ACTUAL
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ACTUAL
-ll-MANDATED STA
STAFF
FF

1

~

I

~

~

~

~

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 38 of 45

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Monitor
Page
38 of
of91
Page 38
91

To provide
providesome
some
insight
how
criticalthe
theshortage
shortageis,
is, please
please consider
considerthe
the
To
insight
asastotohow
critical
following:
following :
shiftfailed
failedtotomeet
meetthe
theMandate
Mandate of
supervisors during
• 7-3 shift
of eight
eight supervisors
duringall
all
but fourteen
fourteen (14)
(14) days
days of
of the reporting
period
but
reporting period

6/08and
and
6/29there
therewere
wereonly
onlyfour
four(4)
(4)supervisors
supervisors assigned
assigned to
to
o OnOn
6/08
6/29
Housing
o OnOn6/07,
6/07,6/14,
6/14,6/15
6/15 and
and6/30
6/30there
therewere
wereonly
onlyfive
five (5)
(5) supervisors
assigned to
to Housing
Housing
• 3-11
3-11 shift
shift failed
of eight supervisors
during all
all
failedtotomeet
meetthe
theMandate
Mandate of
supervisors during
but six (6)
(6)days
days of
ofthe
thereporting
reporting period
period
but

6/07and
and
6/14there
therewere
wereonly
onlytwo
two(2)(2)supervisors
supervisorsassigned
assignedtoto
o OnOn6/07
6/14
Housing
oo OnOn
6/01
6/01there
therewere
wereonly
onlythree
three(3)
(3)supervisors
supervisorsassigned
assignedtoto
Housing
oo OnOn
6/06,
6/06,6/08,
6/08,6/13
6/13and
and6/21
6/21there
therewere
wereonly
onlyfour
four(4)
(4) supervisors
supervisors
assigned
to Housing
Housing
assigned to
11-7 sshift
hift failed to meet
Mandate of eight supervisors during all
• 11-7
meet the
the Mandate
u t eight
but
days
of the
the reporting period
b
eight (8) d
ays of
o
o On 6/01, 6/02, 6/21 and
and 6/28
6/28 there
there were
wereonly
onlyfour
four(4)
(4)
assigned to
to Housing
Housing
supervisors assigned
o OnOn6/09,
6/09, 6/14,
6/14, 6/22 and
6/29 there
there were
wereonly
onlyfive
five (5)
(5)
and 6/29
assigned to
to Housing
Housing
supervisors assigned
Seventh Quarter
Quarter Report
Seventh
Report April
AprilJune 2008
- June
During
Duringthis
this 91
91 day
dayperiod,
period, there
there were
were1,710
1,710supervisors
supervisorsreporting,
reporting,rather
ratherthan
thanthe
the
2,184
meet the County
County Mandate
onesupervisor
supervisorper
perhousing
housingfloor
floor and
and
2,184 required
required to meet
Mandateofofone
annex facility
The Jail
Jail operated
operated with
with only
only 78.2%
78 .2% of
annex
facility.. The
of the Housing
supervisorsthat
that are
are
Housing supervisors
required under
under the
theCourt
CourtMandate.
Mandate .

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 39 of 45

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Page39
39of
of91
Page
91

POSI110NS vs
vs MANDATE
MANDATED
POSI110NS
D POSITIONS
HHOUSING
O U S IN G SSUPERVISORY
UP ERVISO RY POSITIONS
April
01 - June
2008
Ap
ril 01
June 330,
0 , 2008

~~:-~~~:m~-=:c~~r~=~Tl:~~=~%~~~~:

9
8
7
6 r----_ I
6
5
4 h_ --- ~
4
3 L
3
2
2
_ . --.-.-.. _ ..-.
11 ~_..
_._- --_
0o

.-M-M--lI~

- - - - - -....- - - -..- - - - - - - - 4 1 - - -... - . - . ---...- - - - - -.. j

.._. --- - -.. - - --- --

~

a

1_
11-7
t_
11
-7

__-t--1i-f

i i

~

~

-_. " ----

~

I

~

-. -_.

~

ACTUAL --a-MA
NDATE D S
TA FF
ACTUAL
----3-11
3-11 ACTUAL
ACTUAL -+---- 77-3
--- MANDATED
STAFF
ACTUAL --3 ACTUAL

I

~--.---

i

~

To provide
insight
critical
To
providesome
some
insightasastotohow
how
criticalthe
theshortage
shortageis,
is, please
please consider
considerthe
the
following::
following
SUPERVISORY POSITION
POSITION REPORTING
vs MANDATED
POSITIONS
SUPERVISORY
REPORTING vs
MANDATED POSITIONS
01 -- June
June 30
30,, 2008
(HOUSING ONLY)
ONLY) Apri
Aprill 01
(HOUSING
2008
- ----- ---------- -------- ------T--- ------ --- -- --,
-'
800
800

~'

728
571
522

----- ~'fT

'

600
400
200 -~
0a

MANDATED
11
-7
3
- 11
77-3
-3
MANDATED
11-7
3-11
STAFF SHIFT
.41/4 SHIFT (71.7°/~
(71 .71/4 SHIFT (84
.79/4
STAFF
SHIFT (78
(78.4o/~
(84.7o/~

26.
thenumber
number
of inmates
on the
floor
Rice
Street
facility
26. \Vhenever
Whenever the
of inmates
on the
floor
on on
oneone
sideside
at at
thethe
Rice
Street
facility
exceeds
224,
the
Sheriff
shall
deploy
on
that
floor
at
least
one
additional
uniformed
officer
exceeds 224, the Sheriff
deploy on that
at least one additional uniformed officer
for every
over200
200ononall
all shifts
shifts seven
until the population
decreasesto
to
every 25
2 5 inmates
inmates over
seven days
days a week
week until
population decreases
204 or
204
Of' less
less,. If
the
Sheriff
is
unable
to
deploy
the
officers
required
hy
this
paragraph
Within
If the Sheriff is unable to deploy
officers required by this paragraph Within
10
day,; after
after the number
inmates
requires
theSheriff
Sheriffshall
shall find
find other
other housing
housingfor
for
10 days
number ofofinmates
requires
it,it,the
cnough
inmates
to
reduce
the
inm~lte
population
on
the
floor
to
a
level
for
which
he
has
the
enough inmates to reduce the inmate population on the floor to a level for which he has the
minimum Staffing
thisConsent
Consent Order.
Order .
minimum
staffingrequired
requiredbyb)'the
theprovisions
provisions of
of this
Monitor's Report:
Report :

The Court
originally
The
Court Mandated
Mandatedpopulation
populationcapacity
capacity(CAP)
(CAP)was
was
originallyimposed
imposedatat2,250
2,250for
for
main Jail
facilitywhich
whichincludes
includesthe
theNorth
Northand
andSouth
South Towers.
Towers .This
the main
Jail facility
This population
population
CAP
was
effectively
reduced
to
1,842
as
the
MEP
Program
needs
required
that an
an
CAP was effectively reduced to 1,842
the MEP Program needs required that
entire
floorclose
closeand
andbecome
become unavailable
house inmates.
inmates . Since
entire floor
unavailable to house
Since that
that construction
construction
began, the Jail
Jailhas
hasbeen
been able
able to
tomaintain
maintain an
an overall
overallaverage
average inmate
inmate population
population for
began,
1,851..
each
monthat,
at, or
or just above
each month
above 1,851

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 40 of 45

Seventh Quarterly
Report
of the
Qu art erly R
ep ort of
Court Monito
Monitorr
Page
f 91
Pa ge 40 oof91

Beginningthe
the month
monthofofMay
May
intoJune,
June,the
theJail
Jail has been
unable to manage
Beginning
andand
into
been unable
manage aa
As of
June 23,
of 1,842
1,842.. As
of June
23, 2008,
2008, the
the
Tower
population below
belowthe
the adjusted CAP
Tower population
CAP of
monthly average
average population
population on
on the
1,949.. This
monthly
the Towers
Towers was
was 1,949
This was
was 107
107 inmates above
above
adjusted population
population CAP
CAP of
of 1,842
1,842..
the adjusted
27.. If
housedatatthose
thosefacilities,
facilities, there
supervisoratat
Ifinmates
inmates are
are housed
there shall be 5 officers and
and aa supervisor
27
isor
at
Marietta,
all
Bellwood
and
3
officers
and
a
supervisor
at
Marietta,
for
shifts.
13e1h.°ood and 3 officers and super v
Monitor's Report:
Report :

five (5)
Housing Officers
Bellwood Annex:
Mandateofoffive
(5) Housing
Officers
Annex : Mandate
04
04/0112008
/01/2008 -- 04/30/2008
Housing
Unitstaffing
staffing at
has been
beenshort
short of
of the
Housing Unit
at the
theBellwood
Bellwood Annex
Annex has
the mandate
mandate on
on each
each
Perio d, for
forexample:
example :
of the shifts
of
shifts during
during the Reporting Period,
7-3 Shift
maintained 94
94.7%
of the
• 7-3
Shift maintained
.7% of
the mandate
mandate
• 3-11 Shift
Shift maintained
.3% of
the mandate
mandate
97.30/0
of the
maintained 97
of the
maintained 92
92.6%
• 11-7 Shift
Shift maintained
.6% of
the mandate
mandate
BELWOOD A
HOUSING OFFICER
OFFICER POSITIO
NS vs MANDATED
POSITIONS
BELWOOD
ANNEX
POSITIONS
MANDATED POSITIONS
NN EX --HOUSING
April 01
April 30,
01 --April
30, 2008
2008

6

~ :~E.~ .~ ~ ~~-.,
5
4

!

3

----

-- Y

-

--

-

----- --------2 ~1-----

--'---------

i ----- ----- -- - -- ---- ----- -----.-

-------------

1 ~ --- - - --- -- -

o0 - ---T. ,.
.
--- - -r--8 888 888 888 8 8 888 888 8 8 888 888 888 8
~ ~ ~ ~ § ~ § ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
a a a a a
~
~a ~ a ~ a~ a
~ a~~~~~~
~ ~ ~
~
~ ~
~ ~ ~
~
~

~V

T'"----r--~_r_____r__~.-

N

v

v

v

v

v

-+-1 1-7 ACTUAL --3-11
1-11-7
-tl-7-3ACTUAL
STAFF
3-11ACTUAL
ACTUAL -i-7
- 3 ACTUAL--MANDATED
f MANDATED STAFF

I

HOUSI
N G OFFICER
OFFICER POSITIO
N REPORTING
R EPORTI N G vs MANDATED
HOUSING
POSITION
M AN DATED POSITIONS
POS I TIO N S
(BELLWOOD
(BELLVUOOD ANNEX)
ANN EX) April
April01
01 -April
- April 30, 2008
20U8
150

150
1 45
140
135
130
MAN DATED
1 1-7 3-11
MANDATED
11-7
3-11
7-3
7-3
STAFF
S
H IFT (92.6%)
(92 .6°/a) SHIFT
SHIFT (97
STAFF
SHIFT
(97.3o/'ll
(94.7%)
.3°/y) SHIFT
SHIFT (94
.7%)

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 41 of 45

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Page 41
41 of
of91
Page
91

05/01/2008 - 05/3112008
05/31 /2008

Housing Unit
atthe
theBellwood
Bellwood Annex
Annex has
the mandate
mandate on
on each
each
Housing
Unitstaffing
staffing at
has been
beenshort
short of the
of the shifts
of
shiftsduring
during the
the reporting
reporting period,
period, for
forexample:
example :
• 7-3
maintained 92
92.9%
of the
7-3 Shift
Shift maintained
.9% of
the mandate
mandate
Shift maintained
.7% of
the mandate
mandate
• 3-11 Shift
maintained 98
98.7%
of the
of the
• 11-7 Shift
maintained 88
88.4%
Shift maintained
.4% of
the mandate
mandate
BELWOOD ANNEX -- HOUSING
POSITIONS
BELWOOD
HOUSING OFFICER
OFFICER POSITIONS vs
vs MANDATED
MANDATED POSITIONS
May
May01
01 -May
- May31,
31,2008
2008

6

~ ~~----'="X
5

4

I-

3

r----

-

•

-

-

----

Z

-- - - - --- -

--

-

2 ~
- --- - - - - - - - - -'
- 2
-- --- --- -------1 • - - - - --.- 1

MMu'SXV: ~_M_~_

-- - --

---------.-----..
---- ----- -•-----. .

------•-

- -_.- ---- ---- - - - - - ---

-

o
-- -- - . --- -,-- - -------~
- ----- -- ------ -------.---- ---o -- - -- - -- - r--' ---- - -- ~~--------~
- - ~--- ----- -------------- ----

~ ~ ~
u,

~ ~

i

ill

~ 8 ~ 8 8 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 8 ~ ~

ill

i i

~

~ ~ ~ ~ a~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1--11-7
--3-11
........
7-3 ACTUAL
__ MANDATED STAFF
STAFF
--I -11-7 ACTUAL
ACTUAL 3-11 ACTUAL
ACT U AL -W
--7-3
ACTUAL -0-MANDATED

I

HOUSING
REPORTING vs
MANDATED POSITIONS
HOUSING OFFICER
OFFICER POSITION
POSITION REPORTING
vs MANDATED
POSITIONS
i
01
May
31,
2008
(BELLVIIOOD
ANNEX)
May
(BELLW 00D ANNEX) May 01 May 31 ,

1601"'

-

.A-U0U0L--------- ---- -- -

~

150 ~
140 /
130 ~

----153"
-

------.--;

-------U4-- -_

- - --- -•
137 ---

-I

A&

120
MANDATED
111-7
1-7
MANDATED
7-3
33-11
-1 1
7-3
S
TAFF
SHIFT (88
STAFF
(88.40/0)
SHIFT
SHIFT ((92.9%)
.40/4 SH
IFT (98.7°/0)
(98 .70/4 SHIFT
92. 9 °l0)

06/01/2008 06/0112008
- 06/30/2008
Housing
at the
theBellwood
Bellwood Annex
Annex has
the mandate
mandate on
on each
each
HousingUnit
Unitstaffing
staffing at
has been
beenshort
short of
of the
of
the
shifts
during
the
reporting
period,
for
example:
of the shifts during the reporting period, for example :
Shift maintained
mandate
the mandate
• 7-3
7-3 Shift
maintained82%
82%ofofthe
Shift maintained
.3% of
the mandate
mandate
• 3-11 Shift
maintained 97
97.3%
of the
Shift maintained
mandate
ofthe
the mandate
• 11-7 Shift
maintained 86%
86%of

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 42 of 45

Seventh Quarterly
QuarterlyReport
Reportofofthe
the
Seventh
Court Monitor
Court
Monitor
Page 42
42 of
of91
Page
91
F ICER POSITIONS
vs MANDAT
E D POSIT
I O NS
BELWOOD
ANNEX
OFFICER
MANDATED
POSITIONS
B
ELW OOD ANN
EX -- HOUSING
HOUSING OF
POSITION S vs
June 01
01 -June
• June30,
30,2008
June
2008

6 I
61

- - -

I'

i

- - - - - - - - - - - - -

,

;~~~~:.
5
4

3'

2 •-- --- ---2

f--- -- -------

1
1

o'
0

~---

--

--

.~

----------------------~--~ I
-----

-----

--

-

- -T -- -- - - -----r -•---- ----- ---- ------ ----•- - •-- --------a a
0 Wo
0 o~
a 0o o0 00 00 00 00 00 00 00 00 0
0
0
0
0
0
0
0 0
0 0
0
o
0 0
0 0
0 0
0 0
0 0
0N
0N
0 N
0 N
0 N
0 N
0 N
0
(V N N N ~ N ~`1 N N N ~V N (mil t\l
N
N
~
`
`
`
N
`
N

/h

V

N

(O

C

N

A

O

r

f~

o33
~

~

V

N

(a

1~ Off'

~o33 ~o

33

O~

3

~

O

(~

~

C~

V

N

l~ ~ ~a

(O

I~

N

-+-11-7
ACTUAL -a
__
7-3 ACTUAL
__MANDATED
MANDATED
STAFF~
11-7ACTUAL
ACTUAL--3-11
3-11 ACTUAL
1--7-3
ACTUAL
STAFF
-x-

OD

~u ~

N

t")

~3

{~.

I

HOUSING OFFICER
OFFICER POSITION
POSITION REPORTING
vs MANDATED
POSITIONS
HOUSING
REPORTING vs
MANDATED POSITIONS
June01
01 -- June
30,, 2008
2008
(BELLWOODANNEX)
ANNEX) June
(BELLWOOD
June 30

//T151)"" - -------- -- - -.. -----146 -----150 r"/

-

----- - ---

129

123

100
50
0
MANDATED
STAFF

11- 7
33-11
- 11
77-3
-3
11-7
SHIFT ((86o/~
SHIFT
SHIFT
86°/a SH
IFT (97.3°/~
( 97 . 3°l4 SHI
FT ((82°/~
82 °/4

Seventh
Report April
AprilJune 2008
Seventh Quarter
Quarter Report
- June
HousingUnit
Unitstaffing
staffing at
has been
beenshort
short of
of the
Housing
at the
theBellwood
Bellwood Annex
Annex has
the mandate
mandate on
on each
each
of
of the
the shifts
shiftsduring
during the
thereporting
reporting period,
period,for
forexample:
example :
• 7-3
7-3 Shift
Shift maintained
.9% of
the mandate
mandate
maintained 89
89.9%
of the
• 3-11 Shift
Shift maintained
.8% of
the mandate
mandate
maintained 97
97.8%
of the
• 11-7
1 l-7Shift
Shift maintained
maintained 89%
89% of
mandate
of the mandate
B ELWOO D ANNEX F F ICER POSIT10NS
BELWOOD
- HOUSING
OFFICER
HOUSING O
POSITIONS vs MANDATED
MANDAT ED POSIT10NS
PO S I TIO N S
April
01 --June
June 30,
30, 2008
2008
April 01

6 I~

-

-

•-

-

[

-

~~-srtml!1llm~~
2
5

. . . . ~:. .

3

1 . -

a0

,;......

-------

-"

- --- -

• -- -- - - -

~

-.1_
_

- - -

~

---- -

~

--- ---- -- -,- --

- -- ---- - - -

i

~

--

~

",

__.
. - •' -----

I~ i ~~

11 -7
- 7 ACTUAL
ACTUAL --3-11
-~--3-1 1 ACTUAL
ACTUAL __
STAtiJ
-.-- 7-3
7 -3 ACTUAL
ACTUAL --MANDATED
-.-MANDATED STAFF

.

_

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 43 of 45

Seventh Quarterly
of the
Quarterly Report of
Court Monitor
Court
Monito r
Page
Page 443
of 91
3 of91
HOUSING
OFFICER POSITION REPORTING
HOUSING OFFICER
REPORTING vs
vs MANDATED
MANDATED POSITIONS
(BELLWOOD
ANNEX)
01
June
30,, 2008
April
June
30
2008
( BELLIMOOD ANNEX)

..

,~

455

I

460

460

I

--------------44S------------ -- :

l

./

440 ./
440

//

420 ;-/.
420
400 ,,;'/~
400

380
MANDATED
11-7
3-11
7-3
MANDATED
11
-7
3
- 11
7-3
8°/d SHIFT
STAFF SHIFT
SHIFT
(89'Y" SHIFT
SHIFT (97.
(97.8'Y"
SHIFT(89
(89.9°/~
STAFF
(89°/4
. 9°/d

three (3)
Housing Officers
Marietta Blvd.
Mandateofofthree
(3) Housing
Officers
Marietta
Blvd . Annex:
Annex : Mandate
04/0112008 -- 04/30/2008
04/01/2008
04/30/2008
Housing
Unit
staffing at
at the
has been
short of
Housing Unit staffing
the Marietta
Marietta Blvd.
Blvd .Annex
Annex has
been short
of the
themandate
mandate on
of the
the shifts
shifts during
each of
each
during the
the reporting
reporting period,
period, for
for example:
example :
maintained80%
80%ofofthe
the mandate
• 7-3
7-3 Shift
Shift maintained
mandate
• 3-11 Shift
maintained 97
97.8%
of the
Shift maintained
.8% of
the mandate
mandate
Shift maintained
.2% of
the mandate
mandate
of the
• 11-7 Shift
maintained 92
92.2%
MARI
ETTA BLVD
BLVD ANNEX
ANNEX MANDATED POSITION
S
MARIETTA
- HOUSING
OFFICER POSITIONS vs
vs MANDATED
POSITIONS
HOUSING OFFICER
April
30,, 2008
Ap r il 01
01 -- April
April 30
2008

35

:~ ,-W_~iis Z-~-\:7~\Zj:'

3
25

-

-

-

2
--------1 5 ~ --- --- - - --- ---- - --------•--•-- --------- -----.i
1
- ------- '-• -- - ----- -- - -'- - - --------------------- -•
- . - -..
1 II -- - --- --'-----------------I
05
- --- --_._------- --------- - - - - - -------•--- - - . - - - - -- ---------- -'
. ------- --0 5----- • ------ --- -0 - ~ - -- --- -- - ---- -•-- --- -- - -- -- ------ ---- -~ - --- - --------

-----~-_.

o

a

a

a

a

a

a

a

a

a

a~

5

-+
1_
_
11-7 ACTUAL
----7-3
~MANDATED
STAFF I
-11-7
ACTUAL--3-11
-3-11 ACTUAL
ACTUAL ~
-7-3 ACTUAL
ACTUAL (
MANDATED STAFF

HOUSING OFFICER
OFFICER POSITION REPORTING
vs MANDATED
POSITIONS
HOUSING
REPORTING vs
MANDATED POSITIONS
(Marietta
Blvd ANNEX)
ANNEX) April
2008
(Marietta Blvd
April0101-April
- April30,
30, 2008
I

100 I
100,

80
60
40
20

-- .-J-eG- -- ---- 83----- :;
-- --53------aa----------- $g----- -- - --//.....-_

_

r//~

~~~

. __J

-72.
79

I

0

MANDATED 11
-7
MANDATED
11-7
STAF F
92 .2 °/4
STAFF
SHIFT ((92.2'Y"

I

3-11
SHIFT (97
.8 °/y)
SHIFT
(97.8°/"

7-3
7-3
. 0 °/4
SHIFT (80
(80.0'Y"

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 44 of 45

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Page 44
44 of
of91
Page
91

05/31 /2008
O05/0112008
S/O1 /2008 -- 05/3112008
Housing
Unit
staffing at
at the
has been
been short
short of the
Annex has
themandate
mandate on
on
Housing Unit staffing
the Marietta
Marietta Blvd.
Blvd . Annex
each
of the shifts
each of
shifts during
during the
the reporting
reporting period,
period, for
forexample:
example :
Shift maintained
the mandate
mandate
• 7-3
7-3 Shift
maintained87%
87%ofofthe
•
•

3-11 Shift
Shift maintained
.9% of
the mandate
mandate
of the
maintained 98
98.9%
11-7 Shift
Shift maintained
.4% of
mandate
maintained 76
76.4%
ofthe
the mandate
MARIETTA
ANNEX
POSITIONS
MANDATED
B LVD ANN
O NS vs MAN
DATED POSITIONS
P OSITION S
MARIETT A BLVD
EX --HOUSING
HOUSING OFFICER
OFFICE R POSITI
Ma y 01
01 -- M
ay 31, 2008
200 8
May
May

35
33
25
25
2
115
5
11
05
o0

∎
~ .

.
--

---- - . _ . - - - - - - . - - - - - - - - - - - - - - - - - - - - - - ..... - - ... .. - - - - - - - - - - - . - - .... - - . - - - - - - -.. - - - - . - - . - - - - --,
. - - - . - - - - - - - -- - - - - ------------- -.. I
, ,
r----, --.---- - - - - - -TT ---- - -------- --r--- . • . . - - . - - - - - - , - - .-.--.
-- -- --- -T-- •----~
-----•----------~--

-~T

_._-

-

--------

\-11-7
--3-11
--7-3
STAFF Ii
-t-11 -7 ACTUAL
ACTUAL -+&3- 11 ACTUAL
ACTUAL -;--7
-3 ACTUAL
ACTUAL~MANDATED
(MANDATED STAFF
HOUSING
HOUSI N G OFFICER
OFFICE R POSITION
POSITIO N REPORTING
REPORTI N G vs MANDATED
M AND ATED POSITIONS
P OSITIO N S
May0101-May
- May31,
31, 2008
((Marietta
M arietta Blvd
Blvd ANNEX)
ANN EX) May

. - ~- 93-95
,,
90 ~
85

--- ----- - ----- gam
--- ;

80
75
70
MA
N DATED 11-7
11-7 3-11
7-3
MANDATED
3-11
7-3
STAFF SHIFT
SHIFT
(979/4
(97"10) SHIFT
SHIFT(98
(98.9"10)
.99/4 SHIFT
SHIFT (76
(76.4"10)
.49/4

06/
06/0112008
- 06/30/2008
01 /2008 Housing Unit
Marietta Blvd.
Blvd . Annex
Housing
Unitstaffing
staffingat
at the Marietta
has been
been short
short of the
Annex has
themandate
mandate on
on
of the
the shifts
shifts during
each
each of
during the
the reporting
reporting period,
period, for
forexample:
example :
• 7-3
800/0ofofthe
the mandate
maintained80%
7-3 Shift
Shift maintained
• 3-11 Shift
Shift maintained
.6% of
of the
the mandate
mandate
maintained 96
96.6%
• 11-7 Shift
Shift maintained
.3% of
the mandate
mandate
maintained 93
93.3%
of the

Case 1:04-cv-01416-MHS

Document 204

Filed 07/08/2008

Page 45 of 45

Seventh
Quarterly Report
Reportof
of the
Seventh Quarterly
Court
Court Monitor
Monitor
Page 45
45 of
of91
Page
91
vs MANDATED
MANDATED POSI110NS
MARIETTA BLVD
- HOUSING
POSI110NS va
MARIETTA
BLVD ANNEX
ANNEX HOUSING OFFICER POSITIONS
POSITIONS
June
01 -- June
30, 2008
June 01
June 30,
2008

335·
5
---3----

------ - •-- - -••----.- _- ---- - --- -- - - ---- -

~".~ ~ ~

25

2

...

..

•

-----•-- ----- - -- - ---- -- - -----

't- ~ ~ ~ :s:t: ~ '\'\ ~ i'l--~.:
----_.---_._--- --------- • ---•
- - - - _ .-- -.•...
_ ...- __--. - - •---•...-- . - - --------_ _ - - - ..- •_ ---- ._---- ---05 -• ----- --

__

.-..
..- .._-.
------'-"---- - ----- ------- - - - - ...
--• -_..
- ---

1 55
1
1
1

05
o0

. _ ------ -.-----------_._..
.....- -----•..
- ------- ---- --- -- ---'-'"

- - ------- - - •- - -

-- - - - - -• -- ----

__

-_

-- • --- - --- - - - - •--- - - - - - - - - --

------ -- -- --

--

-- -

~

\-11-7
--3-11 ACTUAL
AClUAL
__-MANDATED
MANDATED STAFF
STAFF
i -~-11-7 AClUAL
ACTUAL -.-3-11
ACTUAL ---7-3
-s--7-3
ACTUAL

I

HOUSING
REPORTING vs
vs MANDATED
MANDATED POSITIONS
HOUSING OFFICER
OFFICER POSITION REPORTING
(MariettaBlvd
Blvd
ANNEX) June
June 01 -- June
(Marietta
ANNEX)
June 30,
30 , 2008

.. - ---/
------ 84------ --- ----g~ -• - - 7
-2
1 00
100
80
60

%
/~

60
40
40
20 ~
20

o
0

-----

---

-

-

--

--

-

i

~

MANDATED
11-7
3-11
MANDATED
11
-7
3
- 11
77-3
-3
STAFF
SHIFT(93
(93.3o/~
SHIFT (96.
(96.6o/~
SHIFT(80°
(80o/~
STAFF SHIFT
. 3°/4 SHIFT
6°/y) SHIFT
/4

Seventh Quarter
Quarter Report
- June
Seventh
Report April
AprilJune 2008

HousingUnit
Unitstaffing
staffing at
at the Marietta
has been
been short
short of the
Housing
Marietta Blvd.
Blvd . Annex
Annex has
themandate
mandate on
on
of
the
shifts
during
the
reporting
period,
for
example:
each
each of
shifts during the reporting period, for example :
Shift maintained
.4% of
the mandate
mandate
• 7-3
7-3 Shift
maintained 82
82.40/0
of the
maintained 97
97.8%
of the
• 3-11 Shift
Shift maintained
.8% of
the mandate
mandate
• 11-7 Shift
the mandate
maintained 90%
90%ofofthe
Shift maintained
mandate
M ARIETTA BLVD
BLVD A
NN EX -HOUSING
MARlEnA
ANNEX·
POSITIONS
HOUSING OFFICER
OFFICE R POSITIONS
POSITIO N S vs
v s MANDATED
M ANDATED POSITIO
NS
April
01 •- April
April 30,
30, 2008
2008
April 01

35
3
25
2

1 7--

-

1 -

-

--

5 ~------ -- - -- --

_

---- ----- - --• ------ -

-------'

--

._._----------------------------

0 5 -- - -- -- - - ----05
0o ~
- - - •--- - - -- - -- - - • -

. .- .-.- - - -- - -- - - . - - - -..- --..- . -. -'-'-- --" -- ~ I

i

1~11_7AC~L~~11

a

~

~7~~cru<L~"'~DA1ED~TAF} ~
`6

a

a

-~- 1 1-7 A CTUA L -+-3-11 AC
A:ru<L
T UA L - .-7-3 ACTUAL -F MANDA TED STAF F j

I

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Page 1 of 46

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court Monitor
Court
Monitor
Page 46
46 of
of91
Page
91

HOUSING
OFFICER POSITION
POSITION REPORTING
vs MANDATED
POSITIONS
HOUSING OFFICER
REPORTING vs
M ANDATED POSITIONS
April01
01 -June
- June30,
30, 2008
2008
(Marietta Blvd
(Marietta
Blvd ANNEX)
ANNEX) April

300;--/
300
.

--'3/'~7~-"--l 273

S ------

267

- --- -- QCs---- -- -

.../

200
200t.....

100 .../
100

0o

--...
7-3
7-3
SHIFT(82,4°l4
(82.4o/~
SHIFT

MANDATED
11-7
3-11
MANDATED
11-7
3-11
STAFF
SHIFT
(90%) SHIFT
SHIFT(97
(97.8°/~
STAFF SHIFT
(90°/4
.8°/4

Annex Supervision:
Supervision :
Bellwood and
and Marietta
Marietta Blvd
Blvd..Annex
Bellwood
Supervisors,
per Annex
Facility
Supervisors, one
one (1)
(]) per
Annex Facility

Mandateofoftwo
(2)
Mandate
two (2)

There continues
continuesto
to be
be aa serious
Supervisors at
at
There
serious shortage
shortage in
inthe
theassignment
assignment of
ofHousing
Housing Supervisors
the Bellwood
and Marietta
Marietta Blvd.
Facilities.. In
cases, the
Annex Facilities
In most
most cases,
the supervisor
supervisor
the
Bellwood and
Blvd . Annex
Annex asasthat
maintains the
that site
site maintains
the
shortage
is experienced
at the
shortage is
experienced at
the Marietta
Marietta Blvd.
Blvd . Annex
inmatesbetween
betweenthe
thetwo
twoannex
annexfacilities
facilities..
smaller
smaller number
number ofofinmates
04/0112008
- 04/30/2008
04/30/2008
04/01 /2008 The
followingreport
reportreflects
reflects the
the percentage
of assignments
assignmentsofofsupervisory
supervisoryofficers
officers
The following
percentage of
assigned
both Annex
Annex Facilities:
assigned to
to both
Facilities:
•• 7-3
met
themandated
mandated
supervisory
staffonly
only 83
83.4%
ofthe
the reporting
7-3 shift
shift met
the
supervisory
staff
.4% of
reporting
period
period
of the
the reporting
•• 3-11
shift met
metthe
the mandated
mandatedsupervisory
supervisorystaff
staff only
only 53
53.3%
3-11 shift
.3% of
reporting
period
period
•• 11-7
11-7 shift
shift met
supervisory
.6% of
reporting
metthe
themandated
mandated
supervisorystaff
staffonly
only 51
51.6%
of the
the reporting
period
period
B
BELLWOOD
& MARIETTA
POSITIONS
MANDATED POSITIONS
ELLWOOD &
MARIETTA ANNEX
ANNEX HOUSING
H OUSI NG SUPERVISORY
SUPERVISORY P
O SITIO NS vs
vs MANDATED
P OSITIO N S
April
01 -- April
April 30,
30, 2008
2008
April 01

--It------.. .---

25

2
2t-~_~-_-p-p-~~---p-p
__-~---....

15
15

-"----,1--- -

-" .

1

05
05
00

.--';

'-

g8 8'"8~~
8'" 8'"8 8'"8 '"
8 88 '"g 8g'" S8'"
S
~

'"

~ ~ ... ~ § ~ ~ ~
~

~

~

a a~
0

~

----1 '
j
~

'" o 8'" o~
a0 o~
o 00
0
~

~
0 ~8

8
o 0'" 0'" 0'"
8'"8
8'"
,
~ ...
.....
&
c:: la ;;0~
t:i
'"... ...en a
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a a~ ~ a a ~a a~~~
Q... .~
Q
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...
...
~
~~ Q a
...
~
'" '"
'"

§

0
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~

8
~

;!

Sl

~

0

~

0

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~0 ~ 8

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0

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a
'
" '"ACTUAL ....
'" TUAL ....
-+- 11-7 ACTUA
L -3-11
- a - 3-1 1 ACTUAL
-f- 7-3
[....-11-7
ACTUAL
7-3 AC
ACTUAL
MANDATED STAFF
STAFF I
-s-MANDATED
~

~

~

11

~

0
0

0
0

0
0

~

~

~

~

~

~

~
0
0

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Monitor

Page 2 of 46

Page 47
47 of
of91
Page
91

HOUSING
SUPERVISORPOSITION
POSITION REPORTING
REPORTING vs
vs MANDATED
POSITIONS
HOUSING SUPERVISOR
MANDATED POSITIONS
(Bellwood
&
Marietta
Blvd
Annex
Facilities)
April
01
April
30,
2008
Marietta
Blvd
Annex
Facilities
)
April
01
April
30,
2008
( Bellwood &

-

60
.60

-

--

-

60
40
20
0

MANDATED
7
-3
MANDATED
11-7
3-11
7-3
11-7
3 -11
STAFF
SHIFT
(51.6°/~
SHIFT (53
(53.3o/~
(83.4°/~
STAFF SHIFT
(51
.6 °/d SHIFT
. 3 °/d SHIFT
SHIFT (83
. 4°/4

05/0112008 -- 05/3112008
05/01/2008
05/31/2008
Thefollowing
followingreport
reportreflects
reflects the
the percentage
of assignments
assignmentsofofsupervisory
supervisoryofficers
officers
The
percentage of
assigned
both Annex
Annex Facilities
assigned to
to both
Facilities::
•• 7-3
7-3 shift
met the
the mandated
staff only
83.8%
of the
the reporting
reporting
supervisory staff
only 83
.8% of
shift met
man dated supervisory
period
period
of the
the reporting
reporting
•• 3-11
shift met
metthe
themandated
mandatedsupervisory
supervisorystaff
staffonly
only 51
51.6%
3-11 shift
.6% of
period
period
•• 11-7
11-7 shift
shift met
supervisory
metthe
themandated
mandated
supervisorystaff
staffonly
only 74%
74%ofofthe
thereporting
reporting
period
period
BELLWOOD
MARIETTA
B ELLW O OD &
& MARI
ETTA ANNEX
ANN E X HOUSING
HOUSI NG SUPERVISORY
SUPERVI SORY POSITIONS
POS ITIONS vs
vs MANDATED
MANDATED POSITIONS
POSI TI ONS
Ma y 01
01 -- May
May 31
, 2008
May
31,2008

25
25

,: roft ::\;: 7l :: SIX z::\ 7l : ~
2

1 5
1

I

05
0 5 I --

o
0

-

_. - - ' ._._.-

-- -

._--

_ ..•-.--~ -- -

-

---

--

~._,---

,
-~
--- -

_-....•-

~ ,-_.
-- -----

---

-

i ~ ~ i ~ iii ~ ~ ! i ~ I ~ iii I ~ ~ ~ ~ ~ ~ ~ i ~ ~ ~
a

a

a

a

a

a

a

a

a

a

S~

~i

~a

I

-+- 1 1 -7 ACTU
AL -3-11
-3-11 A
-f- 7-3 A
,-11-7
ACTUAL
ACTUAL
ACTUAL
C TUA L --7-3
C TUA L ~MANDATEDSTAFF
-MANDAT ED STAF F

HOUSI
N G SUPERVISOR
SUPERV I SOR POSITION
REPORTI N G vs
HOUSING
POSITION REPORTING
POSITIONS
vs MANDATED
M ANDATED POSITIO
NS
(Bellwood
arietta Blvd
B lvd Annex
Annex Facilities)
(Bellwood && M
Marietta
Facilities) May
01 -- May
M ay 01
M ay 31,
31, 2008
2008

. I

---_. _.._.--- .._.

80C· - - 80

--"'--"--"-

:~~:~

60

40

20
20
0
o

M AN DATED
MANDATED
STAF
F
STAFF

11-7
3-11
11-7
3-11
S
H IFT (7
4 %) S
H IFT ((51.6o/~
51 .6%)
SHIFT
(74%)
SHIFT

7-3
7-3
SHI F T (83
SHIFT
(83.8o/~
.81/6)

.

Case 1:04-cv-01416-MHS Document 204-2
Filed 07/08/2008
Seventh
Quarterly
Report
ofthe
the
Seventh Quarterly Report of
Court Monitor
Court
Monitor

Page 3 of 46

Page 48
48 of
0£91
Page
91

06/01/2008
06
06/30/2008
/01 /2008 -- 06/30/2008
The
following
reportreflects
reflects the
the percentage
of assignments
assignmentsofofsupervisory
supervisoryofficers
officers
The following report
percentage of
assigned
to both
Facilities::
assigned to
both Annex
Annex Facilities
7-3 shift
met
themandated
mandated
supervisory
staffonly
only80%
800/0ofofthe
the reporting
reporting
shift met
the
supervisory
staff
•• 7-3
period
period
only 70%
70% of
3-11 shift
met the
the mandated
supervisory staff
staff only
ofthe
the reporting
reporting
•• 3-11
shift met
mandated supervisory
period
period
ofthe
the reporting
metthe
themandated
mandated
supervisorystaff
staffonly
only 66
66.7%
•• 11-7
11-7 shift
shift met
supervisory
.7% of
reporting
period
period
BELLWOOD
& MARIETTA
POSITIONS
MANDATED
POSITIONS
BELLWOOD &
M ARIETTA ANNEX
AN N EX HOUSING
HOUSI NG SUPERVISORY
SUPERVISORY POSITIO
NS vs
vs MAN
DATED POSITIO
NS
June 01
01 -June
• June 30,
30, 2008
June
2008

35
35
--. -._.
.... _-_.. --.-_.-.
33 ',.------ _----------------- 255 -- - - - ---- - ---- - - --- ------ - - ----2
22
01 19 Iq
1 5 I--- f -------1

i -----------

--

-

---_._---_._----

F1
-•----

-

-tt-J~

-

~ ~7;.:~.-,.,J.,....._~ _ _rtI:....._lII-'~~-II1~r--4~!:.-~
~~~----lI~~~1._-----_.
---_.--_ ...
_ .._-..,~
-- -- -- - -- --------- - ----o --- -- ..- - ---..
0
-----

051 _.
0 -5

.~r-----------_-~~
~_-_-~

~

i i i ~ iii ~ ~ ! j ~ I i ~ I i ~ ~ ~ I ~ I I I I I ~ ~
-~-- 11-7 ACTUAL
- 3-11 ACTUAL
ACTUAL ACTUAL .....
f MANDATED
F
1--11-7
ACTUAL -$
-3-11
--7-3
MANDATEDSTAF
STAFF
0-- 7- 3 ACTUAL

I

I

I

~

HOUSING
SUPERVISOR POSITION
POSITION REPORTING
vs MANDATED
POSITIONS
HOUS ING SUPERVISOR
REPORTING vs
MANDATED POSITIONS
(B
e llwood &
Blvd Annex
(Bellwood
& Marietta
Marietta Blvd
AnnexFacilities
Facilities)) June
June 01
01 -- June
2008
June 30,
30 , 2008
i

60
60

_.jI

I

1..---

4
0 ~
40
20

0_~M_AN_D_A_TE_D

0
'---_

3~-1_1~

MAN DATED
11-7
3-11
_SHIFT
_----=-1_1-_7__'_
STA F F SHIFT
(66
.71/4
SHIFT (70°/4
STAFF
(66.7°/~
SHIFT
(70Ofc~

7-3
SH
IFT 7_"-_3__'_
(809/4
SHIFT
(80o/~

I

.~

Seventh
Report April
April2008
Seventh Quarter
Quarter Report
- June
June 2008
The following
percentage of
The
followingreport
reportreflects
reflects the
the percentage
of assignments
assignmentsofofsupervisory
supervisoryofficers
officers
assigned
both Annex
Annex Facilities
assigned to
to both
Facilities::
shift met
the
supervisory
staff
7-3 shift
met
themandated
mandated
supervisory
staffonly
only 82
82.4%
ofthe
the reporting
•• 7-3
.4% of
reporting
period
period
•• 3-11
shift met
mandated supervisory
on ly 558.2%
3-11 shift
met the
the mandated
supervisory staff
staff only
of the
the reporting
8 .2% of
reporting
period
period
•• 11-7
shift met
63 .2% of
11-7 shift
metthe
themandated
mandatedsupervisory
supervisorystaff
staff only
only 63.2%
of the
the reporting
reporting
period
period

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Page 4 of 46

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Monitor
Page
49 of
of91
Page 49
91

BELLWOOD &
& MARIETTA
MARlEnA ANNEX
ANNEX HOUSING
HOUSING SUPERVISORY
SUPERVISORYPOSITIONS
POSITIONS vs
vs MANDATED
POSITIONS
BELLWOOD
MANDATED POSITIONS
April 01
June 30
30,, 2008
2008
April
01 •-June

2
-- -- -- ---- - -------- - ---- ------- -- ---- - ------- -- -- -2 55 --- - - -- - -- --- . - ---- - -- -----------

I

I

22 ll~
1 5 I15
I1

I

05 •05

o

0 -~
0

s
N

~
V

n

_' _~/l --\' II \,

I \ "., I
1 " II
\/1 \ \ I \ I I \ IJ "II

I
--- - - - -t- JL- -- - --- --- - ----- - -- ---, -- --- _._- ------- -

\ JI

/

\ "
1 \ nI , I A'I. ~ \ FTJ _' c---~
V J' \ I UV \ J 11~J l.~iJ _ ~ U.

- --

1/1---\ /

--

-- ----l

<Xl
0
0

8

8

~

~

..,

~

~
V

~

1-

~
~
V

---- - - - - - - - - - - - - - - ----- -

8§j
..,

~

Q

8
~

~

~

8
1:l

ill
In

8
~
~

~

"'

---- - - - - - - ---I

8

~
N~

8

8

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1:lU5

- -- -

~

U5

f0

8

--

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r--

~

..,

iii

<D
f0

la

1-..-11-7
ACTUAL
~-7-3
7-3 ACTUAL
ACTUAL -~.......- MANDATED
t 11-7 ACTUAL
ACTUA L --3-11
-•--3-11 AC
TUAL -~
MANDATE D STAFF
STAF F

--- - -

~

~

I

HOUSING
SUPERVISORPOSITION
POSITION REPORTING
vs MANDATED
POSITIONS
HOUSING SUPERVISOR
REPORTING vs
MANDATED POSITIONS
(Bellwood &
Blvd Annex
June 30,
(Bellwood
Marietta Blvd
AnnexFacilities)
Facilities) April
April 01
01 -- June
30, 2008
2008
& Marietta
. ..

,r--"-

: 182
- -- -------- -- ---- - -- -- - ----- ------ --- ~
----- -------- ----- -- ------150----- --~ 50
i
- - - ------ --I
- --1-16
---- --- -- t06-106-- ---------- -----I
46 ------150
~
1
ji/
-- -~--- --- -- -,

200

1001-

I
I

50 %~

a0

MANDATED
3-11
7-3
MANDATED 11-7
11-7 3-11
7-3
STAFF SHIFT
SHIFT(63.2°14
(63.2°/~ SHIFT
SHIFT (58
(58.2o/~
(82.4°/~
STAFF
.2°/4 SHIFT
SHIFT (82
.4°l4

Excessive Staff
- Beyond
the Mandated
Excessive
Staff Assigned
Assigned to
to Housing
Housing Beyond the
Mandated Requirement
Requirement
The
requires
that
be be
three
TheConsent
ConsentDecree
Decree
requires
thatthere
theremust
must
three(3)(3)floor
flooroffices,
offices, one
one (1)
(1) tower
tower
(1)
officer assigned
and one
one (1)
officer
assignedtotoeach
eachHousing
Housing Area
Area (both
(both North
North and
and South
South Towers)
Towers) and
floor
the two
Towerfloor
floorareas
areas of
of the
the Main
Jail on
floor supervisor
supervisor shared
shared between
between the
two Tower
Main Jail
on each
each
shift.
Project, this
this requires
requires only
only
shift. As
As the
the entire
entire fourth
fourth floor
floor isisclosed
closeddue
due to
tothe
theMEP
MEP Project,
forty four
four (44)
(44) officers
and six
supervisors in
forty
officers and
six (6)
(6) supervisors
in the
the main
mainjail
jail..The
TheBellwood
Bellwood Annex
Annex
requires
(5) Housing
Housing officers
and one
be assigned
assigned on
(1) supervisor
supervisor to
to be
on each
each
requires five
five (5)
officers and
one (1)
shift. The
The Marietta
Marietta Boulevard
Boulevard Annex
requires
three
shift.
Annex
requires
three(3)
(3)officers
officers and
andone
one(1)
(1)
supervisor
to be
on each
eachshift
shift.. Thus,
currently requires
requires
supervisor to
be assigned
assigned on
Thus, the
the Consent
Consent Decree
Decree currently
aa total
per
total of
offifty
fiftytwo
two(52)
(52)officers
officersand
andeight
eight(8)
(8)supervisors
supervisorsassigned
assigned to
to Housing
Housing per
shift.
shift.
During
have been
ofnewly
newlyhired
hiredofficers
officers added
addedtotothe
the
Duringthe
thepast
past year,
year, there
there have
beenscores
scoresof
work
workforce
force and
andmost
mostremain
remainassigned
assignedtotothe
the3-11
3-11and
and11-7
11-7shifts
shifts.. There
There have
have been
been
very few
fewofofthese
thesenewly
newlyhired
hired
officerstransferred
transferredtotothe
the7-3
7-3shift
shifteven
evenasasthat
thatshift
shift
very
officers
has lost
more than
and
has
lost more
thanaadozen
dozenstaff
staffdue
duetototransfers
transfersto
to other
other areas
areas of
ofthe
the Jail
Jail and
Sheriff s Office
Sheriff's
Office operation.
operation .

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Monitor

Page 5 of 46

Page 50
50 of
of91
Page
91

Evenasas there
there have
have been
beenmore
morethan
than150
150newly
newly
hired
officersand
andatatleast
least aa dozen
(12)
Even
hired
officers
dozen (12)
newlypromoted
promoted
sergeants
added
ranks,none
none
newly
sergeants
added
to to
thethe
ranks,
of of
thetheshifts
shiftsconsistently
consistently meet
meet
Even worse
worse is
is
the
uponby
byall
all parties
the staffing
staffingmandates
mandates agreed
agreed upon
partiestotoConsent
Consent Decree.
Decree . Even
the growing
mismanagement
staffingresources
resourcesthat
that have
have been
been provided
providedby
byFulton
Fulton
the
growing mismanagement
of of
staffing
County
the Sheriff.
Sheriff. As
floor officers
officers and
and
County toto the
As the
the shifts
shifts are
are often
often flooded
flooded with
with floor
supervisors, there
of scheduled
scheduledoff
offtime
time requests
requests granted,
granted, sick
sick time
time
supervisors,
there is
isaahigh
highnumber
number of
has remained
very high,
high, and
hired
has
remained very
and training
trainingrequirements
requirements remain
remain high
high as
asmany
many newly
newly hired
officers have
not yet
yet attended
Jail Officers
integrated
officers
have not
attended Jail
Officers Certification
Certification but
but have
have been
been integrated
ofstaff
staff
into the
serious disparity
into
thework
work flow.
flow. There
There is
is aa now
now aa serious
disparity in
in the
thenumber
number of
scheduled
work during
during mid-week
mid-week days
scheduled to
to work
days (Tuesday-Thursday)
(Tuesday-Thursday)asascompared
comparedtotothe
the
weekend days
days (Friday-Monday)
(Friday-Monday)..
weekend
Jail Leadership
completea athrough
throughreview
review
allcurrent
current staff
staff assignments
and
Jail
Leadership must
must complete
ofof
all
assignments and
redeploy those
those officers
officers who
continue to
to be
be assigned
assigned to
to Housing
andoverstaff
overstaff the
the
redeploy
who continue
Housing and
floors.
vital support
areas go
go seriously
seriously
floors . As
As the
the floors
floors are
are often
often overstaffed,
overstaffed, other
other vital
support areas
understaffedsuch
suchasasIntake,
Intake,Central
CentralControl,
Control,release
releaseduties,
duties,food
foodservice,
service,sanitation,
sanitation,
understaffed
supply,
classification, disciplinary,
disciplinary, etc
etc..
supply, classification,
The
WatchCommanders
Commanders
are also
failing
ensure
thatstaff
staffis
is not
The Watch
are also
failing
to to
ensure
that
not unnecessarily
unnecessarily
assigned
to Housing
after the
the staff
are met.
The charts
charts below
assigned to
Housing after
staffmandates
mandates are
met . The
below demonstrate
demonstrate
just how
serious the
the mismanagement
therespective
respectiveshifts
shifts::
just
how serious
mismanagement is isonon
the
April
01 -- April
April 30,
2008
April 01
30, 2008
EXCESSI VE STAFF
EXCESSIVE
STA FF ASSIGNED
A S SI GN ED TO
TO HOUSING
HOU S ING
A
P RIL 2008
2008
CO MBINE D S
HI FTS
APRIL
COMBINED
SHIFTS

30.
25

-1----------!

20 - - - ------- - - - - - - ---- --- ------ --I- -V20
-,
15 - -~ -- ---~f ~

10

5 -• -- - -

0

I

+- -- -

~'

t t

''~
A
t

e 2 2
2
2 2 e 2
O N W A N W V
-OFFICERS SUPERVISORS

OV ERl llulE

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Page 6 of 46

Seventh Quarterly
Report of
the
o f the
Seventh
Quarterly Report
Court Monitor
Court
Monitor
Page
51 of91
o f 91
Pa ge 51

EXCESSIVE STAFF
STAFF ASSIGNED
TO HOUSING
HOUSI NG
EXCESSIVE
ASSIG N ED TO
APRIL 2008
2008 11-7
11-7 SHIFT
APRIL
SHIFT

14
14

i

1 2 -t---12
10
10
8
8
66
4
4

- - - , - - - , - - - - .. --f\---~-----.-- ..- '---.-----j

-+-~-

22~'...;;J'~

0

0+-""";":'~---.1""'''''':'=-,.--D

A

A

A

A

A

A

a A
OD CO

A
~
O

A A
~
j
~ N

A
W

II ---*--OFFICERS
OFFICERS

A
A

?
fT

A

D

P.

A

A
N
O

M -4 Co (O

.P A A A A A
N N N N IV
N
N W A
CT O) - 1

.P A
N W
(O O

OVERTII\i£I
OVERTIME

EXC
ES SI VE STAFF
STA FF AS
S IG NE D TO
SIN G
EXCESSIVE
ASSIGNED
TO HOU
HOUSING
APRIL
3-111 SHIFT
APRI
L 2008
20 0 8 3-1
SH IF T
7
7
6

A
IV
M

I

SUPERVISO
RS
SUPERVISORS

-

A
N
-

,i-.-.¥,fj

---....-.-.--- ····--····----~=-,.~--.~--Il. . .

5
4
3
2
1

o
A
>

A
N

A
W

A
A

A
CT

A
~

A A A A A
a 0~ (~
~
O
~

A
~
N

.P
A
A A A A
~
>
>
~
W A f T O~ -I OD

A
~
W

1_
[T- OFFICERS

SUPERVISORS
OFFICERS .--SUPERVISORS

I

A A
I~
O
~

A A
13 I~
N W

OVBRTINE
OVERTII\i£

?
N
A

A
IV
fn

~ ?
A A
N N N N
O ~ ~1 w c0

A
W
O

I

EX CESSIV E STAFF
STA F F ASSIGNED
ASS I G NED TO
TO HOUSING
H O US I N G
EXCESSIVE
APRIL 2008
2008 7-3
SHTFT
APRIL
7-3 SHTF
T

12
12

.

._----~
10
•i ---------,----,------j~-----------,
10
_7

8 •6
:

4

:..-=-

---

k"

--~
--

`~

~- ∎ -- ~-- ---•- --•
i

-*,-- ---'-'t!.-tl---.----,.' ,-~-'o;-\

I

2 ~~-~. -

o .. - ~~~~ ~ ~ t

0 --

~,-_.--

' - - _ ..

"\-&.. ---~

~

~

-

-

\-

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..

_ _ ---,-- _ _ --I'

~

O

t

N

W

A

f7i

~

2§

~ ~Co§ <D
~ §A

J

I~OFFICERS
--SUPERViSORS
-O FFICERS --*-SUP E RVISORS

OVERl1ME
OVERTlME

N

~ ~Oc~ ~ §

V

I

Salary
and Budget
Budget co
nsiderat ions -- Excessive
Salary and
considerations
to Housing
Housing
Excessive Staffing
Staffing Assigned
Assigned to
Office
r s 302 X3028 X hrs
Officers
22,416
,416 Hrs
8 hrs
Hrs
Supervisors
Supervisors
211 X
X 88 hrs
211
hrs 11,688
,688 Hrs
Hrs
Overtime
Overtime
145 145
X 6X 6hrs
Hrs
hrs 870870
Hrs
Total
Total Budget
Budget Impact
Impact

AVQ.. Salary
16.00
Avg
Salary 16
. 00HrHr 38
,656. 00
38,656.00
Avg . Salary
Salary 24.50
24 . 50HrHr 41
Avg.
41,356.00
, 356 . 00
Avg.
Salary
Avg . Salary 36.
75 HrHr 31
, 972 .00
36.75
31,972.00

111 ,984. 00
111,984.00

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Page 7 of 46

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court
Court Monitor
Monitor
Page 52
52 of
of91
Page
91

May
31,2008
May 01
O1-- 31,
2008
EXCESSIVE
HOUSING
USI NG
EX CESS IVE STAFF
STA FF ASSIGNED
ASS I G N ED TO
TO HO
MAY 2008
2008
COMBINED
MAY
COMB
I N E D SHIFTS
S HI F TS

20
20
15
15

~

-

10
o

~4~--' --- -- --- - ~ --~--- ---- ----- -- --- - ~ - - --- ~-- --1
I sr~
1'-

5
5

--

o - -

---

-

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N r n~S ~

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r

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OFFICERS ~
_
t

12
12

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6R1/ ISORS

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OVERTlIVE
OVERTIME

EXCESSIVE
EXCE SSIVE STAFF
STAF F ASSIGNED
ASSIGNED TO
TO HOUSING
HOUSING
MAY 2008
2008 11
11-7
MAY
-7 SHIFT
SHIFT

- - - - - --- - -

1~ l~-~-~~~---=---=------- ==~==-

-------_._--------------_.~

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HOUSING
MAY 2008
2008 7-3
MAY
7-3 SHTFT
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--- -- - -- ----- --------~ --- - - - -- - ---- --- -- -•----- - - - ---_._----

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Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Monitor

Page 8 of 46

Page
53 of
of91
Page 53
91

Salary and
considerations - Excessive
Excessive Staffing
Staffing Assigned
Assigned to
to Housing
Housing
Salary
and Budget
Budget considerations
121 hrs
X 8 hrs
Hrs Av
Avg
Office
rs 121 X 8
968 968
Hrs
Officers
, 880 Hrs
Avg
Supervisors
235
X 88hrs
Supervisors
235 X
hrs 11,880
Hrs Av
Avg
Overtime
6 hrs 192 192
Hrs Av
Overtime
32 X 32
6 Xhrs
Hrs

16.00
15,488.00
16
. 00HrHr 15
,488 .00
060 . 00
24.50
46,060.00
24 . 50HrHr 46,
36.75
36
.75HrHr 77,056.00
, 056 .00

salary
salary
salary
salary
salary
salary

Total Budget
Impact
Total
Budget Impact

68,604.00
68,604
. 00

June
- June30,
30, 2008
2008
June 01
O1-June
EXCESSIVE
EXCESSIVE STAFF
STAFF ASSIGNED
ASSIGNED TO
TO HOUSING
HOUSING
JUNE 2008
ALL SHIFTS
SHIFTS
JUNE
2008 ALL
25

-

-

-

- - -- -

--

20

I - -- - - - ----• -- -- - -- -----°-•----15
JIL
10 - -

-

-

- ,

----

--~

- -- -- yf,\ --

~

!-.-OFFICERS

SUPERVISORS

I

OVERllME

EX
STA F F ASSIGNED
ASSIGNED TO
TO HOUSING
HO USING
EXCESSIVE
CES SIVE STAFF
June
11-7
SHIFT
Ju ne 22008
008 11
-7 SH
I FT

=.-

I

- ----------- --- --- -- - - ------- ----~ I

12 - . -~~:~10 - •-- J---'-8 - --6 A4 - ~-~~ 4·.~
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OVERTIME
OVERTIME :

EXCESSIVE STA
STAFF
ASSIGNED
TO HOUSING
EXCESSIVE
FF ASSIGNE
D TO
HOUSI NG
June
3-111 SHIFT
June 2008
2008 3-1
S HIFT
-

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Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Page 9 of 46

Seventh
QuarterlyReport
Reportofofthe
the
Seventh Quarterly
Court
Court Monitor
Monitor
Page
54 of
of91
Page 54
91

EXCESSIVE
TO H
HOUSING
XCESS IV E STAFF
STA FF ASSIGNED
ASSIG N E D TO
O U S ING
E
June
2008
7-3
J une 2008
7-3 SHTFT
SHTFT

'

I

~------

7
7
~
---- ---- ------- - - - - - - --- - - - -- -- -- •----6 - - - - - - -- - - -- - -- - 5 - - - - - --- - - - - -: -~---- - - - -- - - - -~- ~---~ - --;
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--f-OFFICERS
SUPERVISORS OV
E RTIM E i
•
SUPERVISORS
OVERTIME

Salary
considerations - Excessive
Excessive Staffing
Staffin2 Assigned
Salary and
and Bud2et
Budget considerations
Assigned to
to Housing
Housing
Officers
Officers 223 223
X
Supervisors
193
193
Supervisors
Overtime
Overtime
95 X 95
6

Hrs Av
Avg
X 8 hrs
hrs
8
11,784
, 784 Hrs
Avg
XX 8 8hrshrs 11,544
Hrs
,544 Hrs Av
Avg
X6
hrs 570 570
Hrs Av
hrs
Hrs

16.00HrHr 28
,544 . 00
28,544.00
16.00
24.50
Hr
37,82800
24 . 50 Hr 37 , 828 00
36.75
20,947.00
36 .75HrHr 20
,947 .00

salary
salary
salary
salary
salary
salary

87
, 319 . 00
87,319.00

Total Budget
Budget Impact
Impact
Total

Seventh Quarter
Quarter Report
- June
2008
Seventh
Report April
AprilJune 2008
EXCESSIVE
ASSIGNED
TO HO
HOUSING
EX CESS I VE STAFF
STAFF A
SSIGNE D TO
US ING
APRIL --JUNE
SHIFTS
APRIL
JUNE 2008
20 0 8 COMBINED
COMBIN ED S
H IFTS

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SUPERVISORS
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EXCESSIVE
STAFF
EXCESSIVE S
TA F F ASSIGNED
ASSIGNED TO
TO HOUSING
HOUS I NG
APRI LtiJ UNE 2008
APRIL-JUNE
2008 111-7
1 -7 SHIFT
SHI FT

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Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Page 10 of 46

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court
Court Monitor
Monitor
Page
55 of
of91
Page 55
91

EXCESSIVE
ASSIGNED
HOUSING
TO H
O US I NG
EX CESS I VE STAFF
STA FF ASSI
G N ED TO
APRIL-JUNE
2008
APRIL-JUNE 200
8 3-11
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STAFF A
SSIG NED TO
TO HOUSING
HOUSI NG
APRIL
7-3 S
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APRIL -- JUNE
JUNE 2008
2008 7-3
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I

OV
E RTIM E 1
OVERTIME

Salary aand
considerations -- Excessive
to Housing
Housing
Salary
nd Budget
Bud get considerations
Excessive Staffing
Staffing Assigned
Assigned to
Officers
Officers 646
646X
Supervisors
639
Supervisors
639
Overtime
Overtime 272272X
Totall Budget
Budget Impact
Impact
Tota

Attachments::
Attachments

X88 hrs
hrs
X
8
hrs
X 8 hrs
X66 hrs
hrs

55,168
, 168 Hrs
H rs
5,112
Hrs
5 , 112 Hrs
11,632
,632 Hrs
Hrs

Avg salary
Av
salary
Avg
salary
Av salary
Avg
salary
Av salary

16. 00 HrHr 82
, 688 .00
16.00
82,688.00
24.50
Hr
125,244.00
24. 5Q Hr 125 ,244. 00
36.75
975 .00
36.75 HrHr 59,
59,975.00
267, 907 . 00
267,907.00

StaffingDeployment
Deployment Report
Staffing
Report Analysis
Analysis - April
April 2008
(ten pages)
2008 (ten
pages)
StaffingDeployment
Deployment Report
Staffing
Report Analysis
Analysis - May
May 2008
(ten
pages)
2008 (ten pages)
Staffing
Deployment
Report
Analysis
June
2008
(ten pages)
Staffing Deployment Report Analysis - June 2008 (ten
pages)

28
28.. Maintaining
sufficient personnel
personneltoto meet
meetthese
thesestaffing
staffing levels
levels 24
day seven
sevendays
daysa a
Maintaining sufficient
24 hours
hours aa day
-week is
is necessary
necessary, for
forthe
thesafety
safetyand
and security
security of
ofinmates
inmates and
and jail
personnel and
week
jail personnel
andshall
shall be
be aa high
high
priority,
of the
the Sheriff.
Sheriff. The
priority of
maintainsufficient
sufficient
The Sheriff
Sheriff shall
shallemploy
employ various
various measures
measures toto maintain
personnel, including,
including, but
of
personnel,
but not
not limited
limited to
tothe
theuse
useofofovertime,
overtime,temporary
temporary reassignment
reassignment of
personnel, and
any vacancies
vacancies as
as promptly
promptly as
personnel,
and filling
filling any
as possible
possible..
Monitor's
Report :
Monitor's Report:

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court
Court Monitor
Monitor

Page 11 of 46

Page 56
56 of
of91
Page
91

The
Sheriffhas
has met
metmost
mostofofhis
hisobligation
obligationwith
withregard
regardtoto this
this section.
The Sheriff
section . There
There have
have
of
employees
to
the
Jail
from
other
areas
of
the
Sheriffs
Office..
been
some
transfers
been some transfers of employees to the Jail from other areas of the Sheriff's Office
There
havealso
alsobeen
beenananalmost
almostequal
equalnumber
number
of transfers
officersfrom
from
Jailtoto
There have
of transfers
of of
officers
thetheJail
other
areas of
of the
other areas
the Sheriffs
Sheriff's Office.
Office .
andhas
has
The Sheriff
Sheriff has
an aggressive
aggressive effort
effort of
The
has undertaken
undertaken an
of hiring
hiringof
ofnew
new employees
employees and
filled most
sheriff
filled
most of
of the
the entry
entry level
levelvacancies
vacancies for
for detention
detention officers
officers and
and deputy
deputy sheriff.
There has
vacant leadership
positions above
above
There
has been
beennonosuch
sucheffort
effort with
withregard
regard to
to the
the vacant
leadership positions
the rank
rank of
of Lieutenant.
Lieutenant . At
At least
least50%
50% of
of those
those vacant
vacant leadership
leadership positions
positions have
have been
been
the
abolished following
vacant..
abolished
following their
theirbecoming
becoming vacant
of supervisory
supervisory position
position vacancies
vacanciesasasthere
there have
have
Therecontinues
continuestotobe
beaa growing
growinglist
list of
There
been only
onlyabout
aboutfifteen
fifteen (15)
(15) promotions
promotionstotothe
theposition
position of
of sergeant
sergeant during
duringthe
the past
past
been
three
plus years.
years . There
There are
are also
also remaining
remaining vacancies
include
three plus
vacanciesfor
for various
various positions
positions to
to include
supervisory
positions such
supervisory positions
such as
as DOlII,
DOIII, Sergeant,
Sergeant, Lieutenant,
Lieutenant, Captain,
Captain, and
and Major
Major
positions.. These
positions are
are listed
positions
These vacant
vacant positions
listedbelow:
below:
vacant
•∎ 02
02 Major
Majorpositions
positions -- vacant
vacant
06 Captain
Captain positions
positions -- vacant
•∎ 06
11 Lieutenant
Lieutenant positions
vacant
•∎ 11
positions -- vacant
the staff
staffremain
remainassigned
assigneddowntown
downtown and
•∎ 02
02 Lieutenant
Lieutenant positions
positions -- the
andnot
notatat the
the
Jail (one
Jail
(one civilian
civilianand
andone
one sworn)
sworn)
vacant
•∎ 04
04 Sergeant
Sergeant positions
positions -- vacant
∎• 03
staffremain
remain assigned
assigned downtown
downtown andand
notnot
atatthe
03 Sergeant
Sergeantpositions
positions -- staff
theJail
Jail
∎• 11
11 DSIII
DSIII Positions
Positions -- backfilled
backfilledwith
withDSI
DSI and
and DO
DO positions
positions
∎• 35
backfilled with
with DIS
DIS and
and DO
DO positions
35 DSII
DSII Positions
Positions -- backfilled
positions
21 Detention
positions --backfilled
backfilledwith
withDOl
DOI "new
"new hires"
DetentionOfficer
OfficerIII
III positions
hires"
•∎ 21
vacant
•∎ 03
03 Detention
DetentionOfficer
OfficerIII
III -- vacant
∎• 04
vacant
04 Detention
DetentionOfficer
OfficerII
II -- vacant
∎• 83
83 Detention
Detention Officer
Officer II
II -- backfilled
hires"
backfilledwith
withDOl
DOI "new
"new hires"
∎• 06
Sergeant positions
positions -- vacant
06 Detention
Detention Sergeant
vacant
∎• 01
O 1 Auditor
Auditor III
IIIposition
position- -the
theposition
position
remainsassigned
assigneddowntown
downtown and
remains
andnot
notat
at
the Jail
Jail
the
•∎ Many
Manyother
othersworn
swornsupervisory
supervisorypositions
positions (50-70)
(50-70) have
have been
beenabolished
abolished during
during
this
administration
this administration
03 Records
Records and
•∎ 03
and Documents
DocumentsSupervisor
Supervisorpositions
positions -- vacant
vacant
∎• 02
Records and
02 Records
and Documents
Documentspositions
positions -- vacant
vacant
∎• 10
10 Records
Records and
and Documents
Documents Coordinator
Coordinatorpositions
positions -newly
- newlyestablished
established higher
higher
paying
positions will
willbe
befilled
filledbased
basedupon
uponcompetitive
competitive scoring
scoring among
among
paying civilian
civilian positions
the existing
existing(44)
(44)Records
Recordsand
andDocuments
Documents employees
employees
the

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Monitor

Page 12 of 46

Page 57
57 of
of91
Page
91

administrativestaff
staffatat the
the Rice
RiceStreet
Streetfacility
facility adequate
to
29.. The
The Sheriff
Sheriff shall
shall maintain
maintain administrative
adequate to
29
complete
processing
of:
new
inmates
as
soon
as
possible
and
no
later
than
within
8
hours
of
complete processing of ; new inmates as soon as possible and no later than within 8 hours of
and
commitment;
in time
the next
commitment ; inmates
inmates in
time for
for first
firstappearance
appearance on
on the
next available
available court
court date;
date ; and
inmates
for
release
as
soon
as
possible
and
in
any
e\'ent
within
24
hours
of
notice
and
receipt
inmates for release as soon as possible and in and event within 24 hours of notice and receipt
from
thecourt
courtofofpaperwork
paperwork
establishing
their
eligibility for
for release
release..
from the
establishing
their
eligibility
Monitor's
Report:
Monitor's Report :

During the
the past
During
past months,
months, there
therehave
havebeen
beena anumber
numberofofRecords
Recordsand
andDocument
Document
Specialist
positions
vacated
as
these
vital
jail
positions
are
seriously
Specialist positions vacated as these vital jail positions are seriouslyunderrated
underrated and
and
These jail
jailpositions
positionsrequire
require
muchmore
more knowledge
knowledge and
underpaid.. These
much
andtraining
training than
than
underpaid
Jail
similar
Justice System.
similar positions
positions in
inother
otherdepartments
departments of
of the
theFulton
Fulton County
County Justice
System . Jail
employeesininthese
thesepositions
positions are
are required
required to
to work
various shifts,
shifts, weekends,
and
employees
work various
weekends, and
do not
not.. These
Jail positions
holidays while
while their
their Justice
peers do
holidays
Justice System
System peers
These Jail
positions also
also require
require
that the
mustbebefamiliar
familiarwith,
with,access
accessandand
utilize,onona aregular
regularbasis,
basis, the
the
that
the employees
employees must
utilize,
requiredin
in order
order for
for
other
This knowledge
knowledge isis required
other justice
justicedepartments'
departments' records
records databases.
databases . This
of each
each jail
jail inmate's
charges and
and
the jail
to determine
determinethe
theoverall
overallstatus
status of
the
jailemployee
employee to
inmate's charges
judicial assignments
Justice System.
judicial
assignments within
within the
the Fulton
Fulton County
County Justice
System . ItItcannot
cannot be
be
overlooked that
positions place
place these
these civilian
civilian employees
employees inin direct
of
overlooked
thatthe
the Jail
Jail positions
direct access
access of
inmates
and places
places them
theminin aa much
muchhigher
higherdegree
degreeofofpersonal
personalrisks
risks and
and danger
dangerthan
than
inmates and
their peers
their
peers in
in other
other officers
officers of
ofthe
theJustice
JusticeSystem.
System .
The Sheriff
taken action
action totorecognize
recognize and
and reward
reward these
these hard
hard working,
working, and
The
Sheriff has
has finally
finally taken
and
talented, civilian
civilianstaff
staff
memberswho
who have
have for
so long
long been
been overlooked.
overlooked . The
The Sheriff
Sheriff
talented,
members
for so
has
and Document
Document
SpecialistPositions
Positions ($26,536
($26,536.00
has taken
taken 24
24 vacant
vacant Records
Records and
Specialist
.00 per
per
year) and
and re-established
re-established them
them as
as 19
19 higher
higher paying
paying positions
positions of
of Records
Records and
and
year)
Documents Coordinator
Documents
Coordinator ($33,968
($33,968.00
.00 per
per year).
year). Very
Very recently,
recently, 55 jail
jailemployees
employees have
have
been
promoted
resultofofthis
thiseffort
effort.. As
processthere
there are
are
been promoted
as as
thethe
result
As with
with any
any promotional
promotional process
this was
conflicting
conflicting opinions
opinions as
as to
to ififananindividual
individualemployee
employee should
should apply
apply and
and this
was
certainly the
the case
case with
with this
process . There
There was
was much
and suspicion
certainly
this process.
muchstaff
staffdistrust
distrust and
suspicion as
as
to
what was
place ; thus,
to what
was actually
actually taking
taking place;
thus,many
many of
of the
thelonger
longerserving
servingand
andmore
more
experienced employees
employeeschose
chosenot
nottotoapply
applyfor
for consideration
consideration..
experienced

Their
considerations and
and the
the long
long history
history of
Their considerations
of them
them being
being forgotten
forgotten has
has created
created an
an
environment
where
Sheriff
must
constantly
hire
only
fill vacancies
vacanciesasashis
his
environment where
thethe
Sheriff
must
constantly
hire
only
to tofill
employees
prefertoto take
take positions
positions with
with these
these other
Offices.. Other
employees prefer
other Justice
Justice System
System Offices
Other
Justice System
employeesare
arepaid
paidmuch
much
more
Sheriff
s civilianstaffers
staffers and
Justice
System employees
more
thanthan
thethe
Sheriff
s civilian
and
do
and direct
direct contact
contact with
with inmates
inmates
do not
not face
face the
the constant
constant changes
changesininpositions,
positions, shifts,
shifts, and
and the
imminent possibilities
of assault
assaultfrom
from them.
them . Thus,
civilian
and
the imminent
possibilities of
Thus, the
the long
long standing
standing civilian
staff shortages
staff
shortages continue
continue totoadd
addtotothe
theprocessing
processingdelays
delaysofofinmates
inmatesmoving
moving through
through
the Intake
delaying many
manyofofthose
thosewho
whoare
arebeing
beingprocessed
processedforforrelease
release..
the
Intake Center
Center and
and delaying

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Page 13 of 46

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court Monitor
Court
Monitor
Page 58
58 of
of91
Page
91

cursoryreview
reviewofofbooking
booking
data
indicatesthat
thatjail
jail staff
staff constantly
AA cursory
data
indicates
constantly struggle
struggletotomove
move
inmates
through
the
Intake
Process
within
the
eight
hours
as
required
by
the
Consent
inmates through the Intake Process within the eight hours as required by the Consent
Decree, for
Decree,
for example:
example :
of the
listing
inmatesshown
showntotobebein
in
Following
a review
5/16/2008
a review
of the
listing
ofof93
93 inmates
5/16/2008 Following
the Intake
the following
is determined:
the
Intake Center
Center the
following is
determined :
30%
inmates
were
or beyond
•∎ 28
28 inmates
were
at orat
beyond
8 hours 8 hours 30%
16 hours
•∎ 24
24 inmates
were
at or
inmates
were
atbeyond
or beyond
16 hours 26%
26%
were
at oratbeyond
24 hours
∎• 20
20 inmates
inmates
were
or beyond
24 hours 210/0
21%
77%
non-compliant
77% non-compliant
Following
a review
of the
listing
113inmates
inmatesshown
showntotobebein
in
5/21/2008
5/21/2008 Following
a review
of the
listing
ofof113
the Intake
is determined
the
Intake Center
Center the
the following
following is
determined
43%
∎• 49
49 inmates
inmates
were
or beyond
were
at orat
beyond
8 hours 8 hours 43%
16 hours
37 inmates
were
at oratbeyond
∎• 37
inmates
were
or beyond
16 hours 32%
32%
05%
•∎ 06
06 inmates
inmates were
were at
at or
beyond
24
hours
or beyond 24 hours
05%
80%
non-compliant
80% non-compliant
6/12/200
a review
of theoflisting
of of
131
Following
a review
the listing
131inmates
inmatesshown
showntotobe
be in
in
6/12/200 Following
the
Intake Center
Center the
following is
determined :
the Intake
the following
is determined:
36%
inmates
were
or beyond
•∎ 47
47 inmates
were
at orat
beyond
8 hours 8 hours 36%
inmates
were
or beyond
16 hours 30%
30%
16 hours
•∎ 39
39 inmates
were
at oratbeyond
13 inmates
inmates
were
or beyond
24 hours 10%
10%
were
at oratbeyond
24 hours
•∎ 13
76%
non-compliant
76% non-complia
nt
Th e Sheriff
n com
plia n ce with
Con sent Decree.
D ecree .
The
is not
not iin
compliance
this mandate
mandate of
of tthe
S h eriff is
wit h this
h e Consent
30.
TheSheriff
Sheriffshall
shall ensure
conduct
searches
30
. The
ensure that
that detention
detention staff
staffshall
shall
conductregular
regularand
andrandom
random searches
for
throughout inmate
inmatehousing
housingunits,
units, common
areas, and
and all-purpose
all-purpose rooms.
for weapons
weapons throughout
common areas,
rooms .
Monitor's Report:
Report:
Monitor's

Each shift
conductingunannounced
unannounced and
and housing
housing
Each
shift isisconducting
and random
randomsearches
searchesofofcells
cells and
units
the inmate
inmatepopulation
populationthe
thefact
fact
units each
each day.
day. This
This effort
efforthelps
helpstotomake
make known
known toto the
that
unexpected searches
searches do
do occur.
occur. There
There is
theneed
need to
to reconstitute
reconstitute the
that unexpected
is still
still the
the
Shakedown
Task
Force
as as
is is
identified
and procedures
Shakedown
Task
Force
identifiedbybyJail
Jail policy
policy and
procedures.. This
This unit
unit has
has
in the
the past
pastbeen
been most
most helpful
helpful to
to provide
provide for
forregular,
regular,coordinated,
coordinated,and
andunannounced
unannounced
in
cell searches
searches of
of inmate
inmate housing
housing areas,
including cells,
cells,common
common areas
cell
areas, including
areas.. This
This
Shakedown Taskforce
also
Shakedown
Taskforce
alsofocused
focusedononareas
areaswhere
wherethere
therewas
wasany
anyincrease
increaseinin
incidents, patterns
patterns of
of violence,
violence, jail
jaildamage,
damage, or
or cases
cases where
where there
incidents,
there had
had been
beenthe
theuse
useofof
any type
type of
ofweapon.
weapon .
any

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Page 14 of 46

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court
Court Monitor
Monitor
Page 59
59 of
of91
Page
91

31.
Sheriffshall
shall ensure
ensurethat
thatthere
thereshall
shallbebesufficient
sufficientdetention
detentionstaff
staffto
to ensure
ensurethat
thata a
The Sheriff
31 . The
detentionofficer
officer is
is available
as requested
thenurse,
nurse,atatall
all times
times during
duringpill
pill
detention
available to
to be
be present.
present, as
requested bybythe
distribution..
distribution
Monitor's Report:
Monitor's
Report :

Except
providing direct
Exceptfor
forananoccasional
occasionalincident,
incident,Jail
Jailstaff
staff are
are providing
direct security
security escort
escort for
for
the nurses
throughout
the
nurses as
as they
they issue
issue prescribed
prescribed medications
medications to
to the
the inmate
inmate population
population throughout
the Jail
Jailcomplex.
complex .
the
B. Population
B.
Population Limits
Limitsand
and Housing
Housing

32.
Sheriff shall
shall maintain
maintainatatthe
theJail
Jailaaclassification
classification system
systemthat
thatspecifies
specificsatatleast
least three
three
The Sheriff
32 . The
levels of
revisions in
in the
levels
of custodial
custodial control.
control. Any
Any revisions
the classification
classificationsystem
system shall
shallbebedocumented,
documented,
providedtoto counsel
counselfor
for the
the Plaintiffs,
Plaintiffs, and
in the
the Jail
Policies and
provided
and maintained
maintained in
Jail Bureau
Bureau Policies
and
Procedures
Procedures Standard
Standard Operations
Operations Manual.
Manual .
Monitor's
Monitor's Report:
Report :

TheJail
Jail maintains
maintainsatat least
least three
three separate
levels of
classification
The
separate levels
of custodial
custodial control
control and
and classification
assignments.
to be
be no
no clear
clear and
and consistent
consistent separation
separationof
ofthose
those three
three
assignments. There
There continues
continues to
levels
levels of
of inmates.
inmates . Inmates
Inmates are
are being
being assigned
assigned to
tohousing
housing units
unitsand
andthe
theAnnex
Annex
facilities
in in
no no
clear
method
as maximum,
security.. Inmates
facilities
clear
method
as maximum,medium
medium and
and minimum
minimum security
Inmates
are all
allcollectively
collectivelyassigned
assignedamong
among the
the same
same housing
these
are
housingunits
units as
as much
muchofofthese
assignments are
and based
based upon
assignments
are influenced
influenced by
by the
the population
population levels
levels and
uponavailable
available bed
bed
space.
space .
33.. The
on aa ,\:eekly
of the
and State
33
T h e Sheriff
S heriff sshall
hall on
weekly basis
bas is notify
not ify tthe
he Chief
Chief Judge
Judge of
the Superior
Superio r and
State
Cou rts, the
C hief Magistra
te, the
District Attorney,
Attor ney, the
So licitor General,
Genera l, the
the chiefs
c hiefs of
o f each
each
Courts,
the Chief
Ylagistrate,
the District
the Solicitor
county,
public defe
defenders,
police
po
lice force
force in
in the
the co
unty, the
the public
nd ers, and
and counsel
coun sel for
for the
the Plaintiffs
P laintiffs of
of the
th e total
total
pop
population
of the
jail facilities
thee number
of beds
beds available
available for
men
for
ulation of
th e tthree
hree jail
faci lities and
and th
n umbe r of
for m
en and
and for
women
the facilities
facilities on
the day
day of
of tthe
ivome n at
at the
on the
he report.
report.
Monitor's
Monitor's Report:
Report:

A daily
totoall
A
daily population
populationreport
reportisis being
beingprovided
provided
allparties
parties (via
(via e-mail)
e-mail) by
bythe
the Sheriff
Sheriff
so
so that
that they
they are
are well
well aware
aware of
of the
the current
current population.
population .This
This report
reportprovides
provides population
population
numbers
infirmary,each
each outsourcing
outsourcing facility
and the
the Intake
Intake Center.
Center .
numbersfor
forall
all facilities,
facilities, infirmary,
facility and
3
The Sheriff
basis provide
provide the
344 The
Sheriffshall
shall on
on aa dail
daily
conductingfirst
first
y basis
the magistrates
magistrates or
or judges
judges conducting
appe a rance hearings
both Superior
Superior and
and State
State Court
Court with
appearance
hearings in
in both
with the
number
of
beds
available
the number of beds a vailable for
for
men and
w omen ininthe
beforethe
thestart
startofoffirst
first
appearance hearings
hearings each
each
men
and for
for women
thejail
jail facilities
facilities before
appearance
dad- . . The
The Sheriff
Sheriff shall
shall maintain
maintain administrative
day..
administrativestaff
staffat
at the
the Rice
Rice Street
Street facility
facility adequate
to
adequate to
complete processing
negw inmates
as soon
soon as
as possible
possible and
no later
later than
of
complete
processing of:
of: new
inmates as
and no
than within
within 8K hours
hours of
commitment
time for
for first
firstappearance
appearance on
commitment;; inmate
inmatess in
in time
on the
the next
next aavailable
and
v ailable court
court date;
date ; and
inmates
for release
release as
as soon
soon as
as possible
possible and
and in
in any
any event
event w
inmates for
within
of notice
receipt
ithin 24
24 hours
hours of
notice and
and receipt
from
of papenvork
paperwork establishing
from the
the court
court of
establishingtheir
theireligibility
eligibility for
for release.
release .

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Page 15 of 46

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court
Court Monitor
Monitor
Page
60 of
of91
Page 60
91

Monitor's Report
Report::
Monitor's

The Sheriff
meeting the
requirements for
section of
ofthe
theConsent
Consent Decree.
Decree .
The
Sheriff is
is meeting
the requirements
for this
this section
35.
theinmate
inmatepopulation
population
theRice
RiceStreet
Streetfacility,
facilit)' reaches
35. \Vhenever
Whenever the
at at
the
reaches or
orexceeds
exceeds 2100
2100 and
and
other
housingisis not
not available,
available, the
the Sheriff
Sheriff will
will take
other housing
take the
the following
following actions:
actions :
a.
of the
the State
SuperiorCourts,
Courts,the
theDistrict
District Attorney,
Attorney,
a. Notify
Notify the
thejudges
judges and
and magistrates
magistrates of
State and
and Superior
the
andthe
thechiefs
chiefsofofeach
eachpolice
policeforce
forceininthe
thecounty,
county.that
thatthe
theJail
Jailisis near
near
the Solicitor
Solicitor General,
General, and
capacity, inform
themofofthe
thenumber
number
beds
available
theJail
.Jailand
andrequest
requestthat
thatitit be
be taken
taken
capacity,
inform them
of of
beds
available
at at
the
into account
with regard
regardtotoreleasing
releasing arrestees
arrestees on
on citation,
citation, setting
into
account with
settingbond,
bond, sentencing
sentencing and
and
sentencing modification,
modification,
sentencing
Monitor's
Monitor's Report:
Report :

The
The Sheriff
Sheriff is
is making
making these
these notifications
notifications through
through aa daily
daily(Monday
(Monday - Friday)
Friday) Jail
Jail
daily e-mail
e-mail report
report.. That
PopulationReport
Reportsent
senttotothe
the required
required parties
parties by
by way
wayofofaa daily
Population
That
report provides
including Outsourced
Outsourcedinmates,
inmates,Intake,
Intake,
report
provides specific
specific population
population numbers,
numbers, including
MainJail,
Jail, Alpharetta,
Marietta annexes
annexesand
andother
othernotable
notable population
population
Main
Alpharetta, Bellwood,
Bellwood, Marietta
levels.
levels. The
The population
population increase
increase over
over the
the previous
previous Sixth
Sixth Quarter
Quarter reporting
reportingperiod
periodnow
now
mandatesthat
thatthis
this notification
daily..
mandates
notification must
must be
be made
made daily
Review inmate
or home
home arrest
b.
inmaterecords
recordsfor
for early
early releases
releases or
arrest..
b . Review
Monitor's Report:
Monitor's
Report :

The Sheriff
must make
effort
the Consent
Consent
The
Sheriff must
makea amore
moreconcerted
concerted
efforttotomeet
meetthis
this provision
provision of
of the
Decree..There
are held
held beyond
the24
24hour
hourrelease
release period
period
Decree
There are
are routinely
routinelyinmates
inmates who
who are
beyond the
as required
required by
by the
the Consent
Consent Decree.
Decree .
as

There
are occasional
occasionalearly
early release
release decisions
decisions made
madebybyjail
jail staff.
staff. There
are currently
There are
There are
currently
no
HomeArrest
Arrestoffenders
offenderswho
who
have
been
released
under
actionsororauthority
authority of
of
no Home
have
been
released
under
thethe
actions
the Sheriff.
the
Sheriff.
The
CourtMonitor
Monitorhas
hasrepeatedly
repeatedlyrecommended
recommended
Sheriff
bringtogether
togetheraa
The Court
thatthat
thethe
Sheriff
bring
Population Control
Control Committee
Committee(PCC)
(PCC)
who
willbebetasked
taskedwith
withthese
these and
and other
other
Population
who
will
release
responsibilities..
release responsibilities
Other than
than an
an initial
initial meeting
bebeononthethe
PCC
Other
meeting of
of Jail
JailLeadership
Leadership identified
identifiedtoto
PCCwhere
where
they
discussed
mostly
general
jail
operational
issues
(conducting
inmate
head
they discussed mostly general jail operational issues (conducting inmate head
charges,if
if any,
be
counts),
has not
not yet
yet determined
whatcategory
categoryofofcharges,
counts), the
the PCC
PCC has
determined what
any, would
would be
targeted to
referralstotothe
the appropriate
appropriatecourt
court for
for
targeted
to consider
consider release
release recommendations
recommendations or or
referrals
release
consideration . Even
release consideration.
Even as
as the
theMonitor
Monitor has
has had
had extensive
extensive and
and numerous
numerous

Case 1:04-cv-01416-MHS

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Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court Monitor
Court
Monitor

Page 16 of 46

Page 61
61 of
of91
Page
91

discussions regarding
regardingthe
the necessity
necessity of
of the
the PCC
withthe
theSheriff
Sheriffand
andChief
ChiefJailer,
Jailer,
discussions
PCC with
neither has
neither
has taken
taken any
any steps
stepstowards
towards supporting
supporting the
theappointment
appointment of
of the
thePCC.
PCC .
Jail Census
Jail
Census Review
Review
Followingextensive
extensivereviews
reviewsofofthe
the Jail
Jail Census
and
Following
Census on
on 4/16/2008,
4/16/2008, 5/16/2008
5/16/2008 and
6/23/2008,
the following
categories were
identified by
for
6/23/2008, the
following categories
were identified
by the
theAuditor
Auditor and
and Monitor
Monitor for
targeting by
targeting
by the
thePCC;
PCC ; for
forexample:
example :
Child Support
charges - sixteen
Child
Support charges
sixteen (16)
(16) inmates
inmates were
were in
in custody
custody with
with cash
cash purge
purge
Those
amounts
that might
mightbe
belowered
loweredororreconsidered
reconsideredbybythe
therespective
respective judges
judges.. Those
amounts that
inmates that
that were
since released
28.3
remainin
in
inmates
were since
released averaged
averaged 28
.3 days
days in
in custody,
custody, those
those who
who remain
Fulton County
CountyJail
Jail average
Fulton
average 27.3
27 .3 days
days as
as of
of 6/23/2008.
6/23/2008 .
Book-in
and Book-out
Book-outerrors
errors - there
Book-in and
there were
were at
at lest
lestseven
seven(7)
(7)inmates
inmateswho
who have
have been
been
released
but
book-out
errors
have
prevented
them
from
being
removed
from
the
Jail
released but book-out errors have prevented them from being removed from the Jail
Censusasasthey
they are
are still
still booked-in
Census
booked-in as
as though
though they
they were
were never
never released
released.. (See:
(See: booking
booking
numbers;; 0439556,0613820,0624358,0637045,0809075,0812219,
numbers
0439556, 0613820, 0624358, 0637045, 0809075, 0812219, and
and 0817939).
0817939) .
Drug
There were
leasttwenty-eight
twenty-eight(28)
(28)inmates
inmateswho
who were
were
Drug Court
Court Sanctions
Sanctions -- There
were at
at least
committed
Court
asasthey
conditions under
under
Drug
Court
theyviolated
violatedthe
the release
release conditions
committedbybyOrder
OrderofofDrug
which they
they were
were released
released.. The
mightreconsider
reconsiderrelease
release if
if requested
by the
the
which
The Court
Court might
requested by
ChiefJailer
Jailer..Those
(19) that
57.9
in
Chief
Those inmates
inmates (19)
that have
have been
been released
released averaged
averaged 57
.9 days
days in
custody
those that
thatremain
remain in
inFulton
Fulton County
County Jail
(9) averaged
averaged 54
.6 days
days as
as of
of
custody;; those
Jail (9)
54.6
6/23/2008.
6/23/2008 .

Appeals -- There
There were
wereatat least
least twenty
(27) inmates
whowere
wereininjail
jail awaiting
Appeals
twenty seven
seven (27)
inmates who
awaiting
decisions
by the
respective Courts
Courts who
who are
under Appeal
Appeal of
Sentences . This
of Sentences.
decisions by
the respective
are all
all under
This
of
inmates
is
easily
overlooked
after
their
Appeals
have
been
addressed
bythe
the
group
group of inmates is easily overlooked after their Appeals have been addressed by
Court. Of
nine (33
(33.3%)
been returned
returned to
Court.
Of those
those inmates
inmates nine
.3%) have
have been
tothe
theDOC;
DOC ; eighteen
eighteen
(66 .7%) remain
6/23/2008 .
(66.7%)
remaininin Fulton
Fulton County
CountyJail
Jail as
as of
of 6/23/2008.
Low
Bond -- Non-Violent
Low Bond
Non-Violent chars
charges -- There
wereatat least
least sixty-nine
There were
sixty-nine (69)
(69)inmates
inmates who
who
were in
injail
less than
were
jailwith
withnon-violent
non-violentcharges
chargesand
andwhose
whose bonds
bonds were
were less
than $3000;
$3000 ; most
most
were
or below
below $1,000.
$1,000 . Of
Of those
those inmates,
inmates, sixty
(92 .7%) have
were at
at or
sixty three
three (92.7%)
have since
since been
been
released
6/23/2008 . The
of 6/23/2008.
released and
and five
five (7.3%)
(7.3%) remain
remaininin Fulton
Fulton County
CountyJail
Jail as
as of
The overall
overall
release
results are
areindicated
indicatedbelow:
below:
release results
DISPOSITIONS REMAIN
DISPOSITIONS
REMAININ
IN FF.e
, C JAIL
JAIL 05
05
DISMISSED
DISMISSED 15
15
I
DWOP
DWOP
05
05
I

74%
74%
22
. 0%
22.0%
7
. 4%
7.4%

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court
Court Monitor
Monitor

Page 17 of 46

Page 62
Page
62 of91
of 91

12
17.6%
SOB/ROR
SOB/ROR
12
17
. 6%
BONDING CO
BONDING
CO 05
05 77.4%
. 4%
PROBATION
PROBATION 05
05 77.4%
. 4%
19.0%
TIME SERVED
TIME
SERVED 13
13 19
. 0%
SUSPENDED SENTENCE
05 05 77.4%
SUSPENDED
SENTENCE
. 4%
44%
OTHER DISPOSTIONS
03
OTHER
DISPOSTIONS 03
44%
TOTAL
68
TOTAL 68

fortyfive
five(45)
(45)
inmates
whohave
havebeen
beenLoaned-Out
Loaned-Out
Loan-Outs -- There
There were
wereatat least
least forty
inmates
who
Loan-Outs
to other
or mental
mentalhealth
healthfacilities,
facilities, most
havebeen
beenininthose
thosefacilities
facilities
to
other agencies
agencies or
most who
who have
morethan
thanone
oneyear,
year,some
someasaslong
longfive
fiveororsix
six years
years..
more

Parole Violators
Violators -- There
wereatat lest
lest one
seven(107)
(107)inmates
inmatesininjail
Parole
There were
one hundred
hundred seven
jail
awaiting
actions by
in Fulton
awaiting actions
by the
the Parole
Parole Board.
Board .One
One of
of those
those inmates
inmates has
has been
been in
Fulton
County
Jail since
early 2008.
County Jail
since8/1/2007
8/1/2007 and
and many
many from
from early
2008 . Of
Of those
those inmates,
inmates, seventy
seventy
one
have since
since been
been release
release or
or picked
picked up
up by
by State
StateBoard
Board of
of Pardon
Pardon and
and
one (66.40/0)
(66 .4%) have
.7%) remain
remain in
Fulton County
County Jail
awaiting SBPP
SBPP
Parole
(SBPP)and
andthirty
thirty five
five (32
(32.7%)
in Fulton
Jail awaiting
Parole (SBPP)
determinations.
determinations .
JailCensus
CensusReview
Reviewofof5/16/2008
5/16/2008 (twenty
seven categories
(twenty pages
pages -- seven
categories
Attachment: Jail
Attachment:
of reports)
of
reports)
The Sheriff
maintain a alist
of other
other facilities
where beds
beds are
thenumber
number
36.
Sheriff shall
shall maintain
list of
facilities where
arc available
available.. IfIfthe
36 . The
of
inmates in
Rice Street
facilitye\.ceeds
exceeds the
thenumber
number that
totoa acell,
of inmates
in the
the Rice
Street facility
that can
canbe
behoused
housedtwo
two
cell, the
the
Sheriff
may house
efforts
Sheriff may
house inmates
inmatesononbunks
bunksininthe
theday
dayrooms
roomswhile
whilemaking
making
effortstotodecrease
decreasethe
the
population and
inmate population
andfind
find alternative
alternative housing
housingin
in order
order to
to reduce
reduce the
the overall
overall inmate
populationto
to
population
capacity within
within forte-five
forty-five (45)
capacity
(45) days.
days . If
Ifthe
thepopulation
population ofthe
of the Rice
Rice Street
Street facility
facilityremains
remains over
over
2250 for
for twenty
(20) consecutive
consecutivedays,
days,the
theSheriff
Sheriffshall
shall find
find alternative
alternative housing,
place
2250
twenty (20)
housing, place
arrestpursuant
pursuant
statute, implement
implementearly
earlyrelease,
release, or
or take
take such
other
inmates on
on home
homearrest
inmates
totostatute,
such other
action as
appropriatetoto reduce
reducethe
the population
populationto
to 2250.
action
as he
he deems
deems appropriate
2250 .
Monitor's Report:
Monitor's
Report :

The
Sheriffmaintains
maintainsa alist
listof
ofavailable
availablebeds
bedsatateach
eachofofthe
theoutsource
outsource
facilities..
The Sheriff
facilities
Currently
belowthe
theactual
actualnumber
number of
of
Currently the
the number
numberofofinmates
inmatesatatthose
thosefacilities
facilities isisbelow
available
available beds.
beds.
37. In
In addition
addition to
to the
the actions
actions being
being taken
taken by
by the
37.
the Sheriff,
Sheriff, ififthe
theRice
RiceStreet
Streetpopulation
population exceeds
exceeds
2250
inmates
of inmates
2250 for
for twenty
twent)"(20)
(20) consecutive
consccutiyedays,
days,the
the Public
PublicDefender
Defendershall
shallprovide
providea alist
list of
deemed eligible
to the
the District
DistrictAttornev
Attorney who
who shall
examine such
to determine
determine
deemed
eligible for
for release
release to
shall examine
suchlist
list to
whether an
inmates . If
Ifananagreement
agreement is
whether
an agreement
agreementcan
canbebereached
reachedononthe
therelease
releaseof
of said
said inmates.
is not
not
reached
reached by
by the
Defenderand
andDistrict
DistrictAttorney,
Attorney,the
thelist
list will
to the
the Public
Public Defender
will be
be submitted
submitted to
the Chief
Chief
Judge
as deemed
deemed
.Judgewho
whoalter
alterreview,
review,may
mayauthorize
authorizethe
therelease
releaseofofinmates
inmatesfrom
fromthe
thelist
list as
appropriate .
appropriate.
Monitor's Report:
Report :
Monitor's

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court Monitor
Court
Monitor

Page 18 of 46

Page 63
63 of
of91
Page
91

The Sheriff
Sheriff and
Defendantsmust
mustnow
nowbegin
begintotoimplement
implementthese
theseactions
actions as
as
The
and County
County Defendants
the population
population level
level for
forthis
thisSeventh
SeventhQuarter
Quarterreporting
reportingperiod
periodhave
haveremained
remained above
above
the
the modified
modified CAP
CAP ofof1,842
1,842and
andhave
haveincreased
increasedby
byabout
about70
70inmates
inmatesabove
abovethe
theSixth
Sixth
the
Quarter daily
daily population
populationaverages
averagesand
andcontinue
continue
riseslowly
slowlybut
butsteadily
steadily..
Quarter
totorise
38.. \Vhenever
less than
than 15
15 or
or fewer
fewer beds
beds remain
remainavailable
availablefor
for women,
women,the
theSheriff
Sheriffshall
shall take
take
38
Whenever less
the
measures set
paragraph 35
ifpossible,
possible,thethe
number of
ofwomen
women
the measures
set out
out in
in paragraph
35inin order
orderto
to prevent,
prevent, if
number
.
If
the
number
of
women
exceeds
the
number
from
exceeding
the
number
of
beds
for
\Vomen.
If
the
number
of
women
exceeds
the
number
from exceeding the number of beds for women
of
permanent beds,
forwomen
women by
of permanent
beds,two
twobeds
bedstotoaacell,
cell, for
by10
10or
or more
morefor
forhventy,
twenty days
days or
or more,
more, the
the
Sheriff shall
shall find
findalternative
alternativehousing,
housing,place
placeinmates
inmates on
on home
home arrest
Sheriff
arrest pursuant
pursuanttotostatute,
statute,
implement
take such
such other
other action
action as
as he
he deems
deems appropriate
appropriate to
implementearly
earlyrelease,
release, or
or take
to reduce
reduce the
the
population
itdoes
does not
notexceed
exceed the
the number
number of
beds,
beds
to to
a acell,
that it
of permanent
permanent
beds,two
two
beds
cell, for
for
population so
so that
fv
om en.
women.
Monitor's
Report::
Monitor 's Report

The
current population
populationlevels
levels have
have not
not required
required the
the Sheriff
Sheriff to
these
The current
to make
make these
notifications
below
notifications as
as the
theoverall
overallJail
Jailpopulation
populationisis
belowthe
theConsent
Consent Decree.
Decree .
39.
inquiry, plaintiff's
plaintiff's counsel
day..
Upon inquire,
counsel shall
shallbebeprovided
provided the
the Jail
Jailpopulation
population count
count on
on any
any day
39 . L1pon
Monitor's Report:
Monitor's
Report :

The
providing plaintiff
counsel with
with the
Jail Population
Population Daily
Daily Report
TheSheriff
Sheriffis
is providing
plaintiffss counsel
the Jail
Reportvia
via
e-mail
e-mail on
on aa daily
daily basis
basis..
C. Replace
Replacement,
Rep:lir and
Maintenance
C.
ment, Repair
and Preventive
Preventive Ma
intenance of
ofMechanical,
Mec hanica l,
Plumbing
Electrical Systems
Plumbing and
a nd Electrical
Systems

40. The
oftthe
structures
are used
used ttoo house
inmates
40.
The maintenance
maintenance of
he physical
p hys ica l structu
res that
that are
house inm
ates by
by Fulton
Fulton
County, including
the 901
thee Bellwood
Bellwood Annex
the Marietta
County,
including the
90 1 Rice
R ice Street
Stree t facility,
faci lity, th
Ann ex aand
nd the
Marietta Annex,
Annex,
h e mechanical,
electrical systems
the responsibility
of the
the
aand
nd tthe
mecha nical, plumbing,
plu mbin g, and
an d electrical
sys tems shall
s h all be
b e the
responsibili ty of
County Defendants
Defendants operat
operating
through the
Sen-ices Department
of Fulton
Countv
ing through
the General
Genera l Services
Department of
F ulton County.
Co unty.
Mo
nitor's R
Monitor's
Report:
epo rt :

The General
of of
Fulton
County
is providing
thethe
facility
The
GeneralServices
ServicesDepartment
Department
Fulton
County
is providing
facilitybuilding
building
services maintenance
for the
services
maintenance for
the Jail
JailComplex.
Complex . The
The current
current facility
facilitymaintenance
maintenance budget
budget
is divided
separate funding
fundinglines
lines::
is
divided into
into two
two separate
approximately 33.3
•• The
The Operational
Operational maintenance
maintenancebudget
budgetisis approximately
.3 million
million dollars
dollars and
and
provides
typical repairs
repairsand
and preventive
preventive
provides for
for typical
typical operational
operational costs,
costs, typical
maintenance
maintenance funds
funds..
•• There
funding line
for contingency
contingency funding
There is
is also
also aa funding
line for
fundingof
of11.6
dollars to
to
.6 million
million dollars
cover
costs not
not covered
covered under
under the
operational budget.
budget .
cover for
for costs
the operational

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court Monitor
Court
Monitor

Page 19 of 46

Page 64
64 of
of91
Page
91

••

Accordingtoto billing
billing records,
According
records,there
therehas
hasbeen
beenmore
morethan
than$280,000
$280,000 spent
spent from
from
the
two
separate
funding
lines
to
pay
for
items
that
should
have
been
covered
the two separate funding lines to pay for items that should have been covered
under the
the MEP
MEPProject
Projectfunding
funding
thatwas
was
factoredininthe
theoriginal
original planning,
planning,
under
that
notnot
factored
for
for example:
example:
Roof
anchors,safety
safetytesting
testingand
andinstallation
installation of
oo Roof
anchors,
of the
the platforms
platforms and
and
buckets
buckets used
usedto
to work
workononthe
theoutside
outsideriser
riser system
systemfor
for the
the Heating,
Heating,
Ventilation and
ductwork system
system being
being
Ventilation
andAir
AirConditioning
Conditioning(HVAC)
(HVAC) ductwork
installed in
installed
inthe
thehousing
housing towers
towers
Elevatorcosts
costssuch
suchasaspower
powerline
linereplacements,
replacements,user
useraccess
accesscontrol
control
oo Elevator
system,
cables providing
providing for
the Closed
Closed Circuit
system, travel
travel cables
for the
Circuit Television
Television
(CCTV)system
system
cameras
theelevators
elevators
(CCTV)
cameras
in inthe
oo Sanitary
Sanitarysewer
sewerlines
linesrepairs
repairs and
andrelated
related costs
costs that
the
that were
were beyond
beyond the
morethan
than$325,000
$325,000spent
spent
2006
repairthe
thesewer
sewerlines
lineson
on1-1more
inin2006
onon
to torepair
North
North
oo There
Therecontinues
continues
additionalcosts
costsapplied
appliedto
to the
the operational
operational
totobebeadditional
budget due
due to
to the
the continual
ofthe
the shower
showerwall
wall and
andfloor
floor
budget
continual breakdown
breakdown of
The treatment
treatment installed
during the
surface
installed during
the
surface treatment
treatment on
on I-North.
1-North . The
MEP
Program
upgrade
provided
overallsolution
solutionas
as was
was
MEP Program
upgrade
hashas
notnot
provided
thethe
overall
desired.
desired.
This repair
work continues
maintain security
This
repair work
continuesrequiring
requiringthe
theSheriff
Sheriffto
to maintain
security
and provide
provide additional
additional escorts
escorts as
repairs are
and
as the
the shower
shower repairs
are being
being done
done
while
the imnates
are living
living in
units..
while the
inmates are
inthose
thosesame
same housing
housing units

Even
after thousands
ofdollars
dollars in
of debate
debate
Even after
thousands of
in expenditures,
expenditures, months
months of
this large
large
and
repeatedintrusions
intrusions upon
uponthe
thesecurity
security and
andgood
goodorder
orderofofthis
and repeated
jail facility;
jail
facility; these
theselong
longterm
termand
andwidely
widely recognized
recognized design
design problems
problems
continue
to be
be improperly
improperly and
and cheaply
cheaply addressed
addressed by
by the
the County
County
continue to
Defendants.
Defendants.
The
CountyDefendants
Defendants
continue
their
effortstotosave
savedollars
dollars and
and
The County
continue
their
efforts
avoid
bringingforth
forthaareal
real and
and long
longterm
termsolution
solutiontotothese
theseissues,
issues, all
all
avoid bringing
the while
ignoringthe
the severity
severity of
of the
the health
operational
the
while ignoring
health issues
issues and
and operational
difficulties this
thiscauses
causes the
the Sheriff,
Sheriff,Jail
Jailstaff
staff
andinmate
inmatepopulation.
population .
difficulties
and
41 . The
The County
County Defendants
14 14
onon
the
line
41.
Defendantsshall
shallinspect
inspectmanholes
manholes4 4through
through
thesewer
sewer
lineserving
servingthe
the
Rice Street
Shoeet Facility
as required
requiredtoto
Rice
Facilityno
no less
lessthan
thanquarterly
quarterlyand
and shall
shallpump
pump these
these manholes
manholes as
insure that
sewage does
into
areas
on on
thethe
first
insure
thM sewage
docsnot
notback
backupup
intothe
thehousing
housing
areas
firstfloor
floorof
of the
the Rice
Rice
Street
The County
Count-v Defendants
with
Citv
of of
Atlanta
officials
StreetFacilittiI
Facility.. The
Defendantsshall
shallwork
work
with
City
Atlanta
officialstoto insure
insure that
that
there
there are
are no
no cross
cross connections
connections problems
problems in
in the
the water
water and
and sewer
sewerpipes
pipes serving
serving the
the Rice
Rice Street
Street
Facility and
and shall
shallcause
cause any
any such
such problems
problems to
Facility
to be
be corrected
corrected as
as soon
soon as
as practicable
practicable.. In
In the
the

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Page 20 of 46

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court
Court Monitor
Monitor
Page 65
65 of
of91
Page
91

event
actionss ddoo not
not llead
resolution
of sewage
ead ttoo aa reso
luti on of
of tthe
he problem
pro blem of
sewage bacl{ing
backing uup
p iinto
nto tthe
he
event these
these action
housing
areas,
the
County
Defendants
and
the
Plaintiffs
will
discuss
and
'will
bring
to
the
h ous ing areas, the County Defendants a nd the Plaint iffs will d isc uss and will bring to the
Court
for its
its review
additional
remedial
actions
the pro
problem.
Court for
rev iew ad
ditional re
m edial act
ions needed
needed to
to resolve
resolve the
blem.
Monitor's
Report:
Monit or's Report:

The
The
The County
Countyadvises
advisesthat
thatthese
these manholes
manholesare
arebeing
beinginspected
inspectedonona aregular
regularbasis
basis..The
manholesare
arealso
alsobeing
beingcleared
clearedofofdebris
debris by
by use
use of
of high
high pressure
pressure water
water being
being
manholes
sprayed
into the
the actual
actual plumbing
plumbing
linesand
and
thisoccurs
occursatatleast
leastonona aquarterly
quarterlybasis
basis..
sprayed into
lines
this
42.. By.July
1,2009,
County
Defend~mts
repair
and
upgrade
42
Bar July1, 2009,
County
Defendantsshall
shall
repair
and
upgradeasasneeded
neededand
and appropriate
appropriate
the
plumbing
the
jailfacilities,
facilities, including
but not
notlimited
limitedtotoreplacing
replacingfixtures
fixturesinincells
cells
the plumbing
in in
the
jail
including but
where needed
needed;; making
suchrepairs
repairsasasneeded
neededtotoensure
ensure
thatall
alltoilets,
toilets, faucets
where
making such
that
faucets and
and showers
showers
work properly
properly;; reinstalling
affixed to
to the
the
work
reinstallingthose
thosefixtures
fixtureswhich
which are
are not
not properly
properly affixed
the walls
walls and
and the
plumbing ssystem;
electrical hazards
plumbing
vste m ; remo\-ing
removing electrical
hazardsfrom
from showers;
showers ; and,
and, installing
installing shutoff
shutoff control
control
devices.
devices .
Monitor's
Monitor's Report:
Report :

The
Countyisis meeting
meetingthis
this requirement
requirement through
throughthe
the Mechanical,
Mechanical,Elevator,
Elevator, and
and
The County
Plumbing(MEP)
(MEP)
Project
thatwaswas
begun
late2006
2006
scheduled
end
late
Plumbing
Project
that
begun
in in
late
andand
is isscheduled
to toend
ininlate
2009 .
2009.
43. The
Defendantsshall
shallbybyJuly
.July1,1,2009,
completethe
the following
following work
workatatthe
the 901
43.
The Count)'
County Defendants
2009, complete
901 Rice
Rice
Street
facilit)r:
Street facility :
conditioning
equipment
the air
air
(a) replace
(a)
replace the
theheating,
heating,ventilation
ventilationand
andair
air
conditioning
equipment (HVAC),
(HV AC), including
including the
handling units,
units, terminal
handling
terminal units
unitsand
and exhaust
exhaust fans,
fans,associated
associatedductwork
ductwork and
and piping;
piping;
Monitor's Report:
Report :
Monitor's

The
Countyisis meeting
meetingthis
this requirement
requirementthrough
throughthe
the Mechanical,
Mechanical,Elevator,
Elevator, and
and
The County
Plumbing
(MEP)
Project
thatwas
was
begun
late2006
2006
scheduled
endininlate
late
Plumbing (MEP)
Project
that
begun
in in
late
andand
is isscheduled
totoend
2009.
2009 .
(b) replace
grillesininthe
thecells,
cells,
dayrooms,corridors
corridorsand
and support
support areas
(b)
replace air
air grilles
dayrooms,
areas;;
Monitor's
Monitor's Report:
Report :

The
The County
Countyisis meeting
meetingthis
this requirement
requirementthrough
throughthe
the Mechanical,
Mechanical,Elevator,
Elevator, and
and
Plumbing(MEP)
(MEP)
Project
thatwas
was
begun
late2006
2006
scheduled
end
late
Plumbing
Project
that
begun
in in
late
andand
is isscheduled
to toend
ininlate
2009..
2009
(c)
ex isting building
buil ding eenergy
ner gy management
m anage ment system
(c) replace
replace existing
system with
with aa direct
energy
direc t digital
di gital control
cont rol energy
ma
nage m ent sys
management
system;
tem ;
Monitor
's Report:
Monitor's
Report :

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Page 21 of 46

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court
Court Monitor
Monitor
Page 66
66 of
of91
Page
91

The
Countyisis meeting
meetingthis
this requirement
requirementthrough
throughthe
the Mechanical,
Mechanical,Elevator,
Elevator, and
and
The County
Plumbing
(MEP)
Project
thatwas
was
begun
late2006
2006
scheduled
endininlate
late
Plumbing (MEP)
Project
that
begun
in in
late
andand
is isscheduled
totoend
2009..
2009
(d)
replace power
power disconnect
disconnect and
and motor
motor starter
forallall
HVAC equipment
equipment and
(d) replace
starter for
thethe
HVAC
and modify
modify
electrical
equipmenttoto
support
HVAC equipment;
equipment ;
equipment
support
newnew
HVAC
electrical
Monitor's Report
Report::
Monitor's

The
Countyisis meeting
meetingthis
this requirement
requirement through
throughthe
the Mechanical,
Mechanical,Elevator,
Elevator, and
and
The County
Plumbing (MEP)
Project
that
begun
in in
late
andand
is isscheduled
totoend
Plumbing
(MEP)
Project
thatwas
was
begun
late2006
2006
scheduled
endininlate
late
2009.
2009 .
(e)
lightingg fixtures
at 901
Rice Street
salvage
(e) iinstall
nstall new
new lightin
fixtures in
in all
all liliving
ving areas
areas in
in the
th e towers
towers at
901 Rice
St reet and
a nd salvage
and
reuse
existing
lighting
fixtures
in
the
low
rise
building
at
901
Rice
Street;
and reuse existing lightin g fixtures in th e low rise buildin g at 901 Rice S treet ;
Monitor's Report:
:
Report
Monitor's

The County
Countyisis meeting
meetingthis
this requirement
requirementthrough
throughthe
the Mechanical,
Mechanical,Elevator,
Elevator, and
and
The
scheduled
endininlate
late
Plumbing
(MEP)
Project
thatwas
was
begun
late2006
2006
Plumbing (MEP)
Project
that
begun
in in
late
andand
is isscheduled
totoend
2009
2009..
(f) install
install new
acousticceiling
ceilingtile
tile;;
(f)
new acoustic
Monitor's
Monitor's Report:
Report :

The
Countyisis meeting
meetingthis
this requirement
requirementthrough
throughthe
the Mechanical,
Mechanical,Elevator,
Elevator, and
and
The County
Plumbing (MEP)
Project
that
begun
in in
late
andand
is isscheduled
totoend
Plumbing
(MEP)
Project
thatwas
was
begun
late2006
2006
scheduled
endininlate
late
2009.
2009.
(g) remove
andreplace
replacechillers,
chillers, cooling
chilled water
thecentral
central plant
plant..
(g)
remove and
cooling towers
towers and
and chilled
water pumps
pumps atatthe
Monitor's
Report :
Monitor's Report:

The County
Countyisis meeting
meetingthis
this requirement
requirementthrough
throughthe
the Mechanical,
Mechanical,Elevator,
Elevator, and
and
The
Plumbing (MEP)
Project
that
begun
in in
late
andand
is isscheduled
totoend
Plumbing
(MEP)
Project
thatwas
was
begun
late2006
2006
scheduled
endininlate
late
2009.
2009 .
(h) upgrade
theelectrical
electricalcapabilities
capabilitiesofofthe
facility at
at 901
901 Rice
Rice Street,
Street, including
its
(h)
upgrade the
the facility
including its
generators,soso that
that sufficient
sufficient amounts
amounts
electricityare
areprovided
provided
facilityatatall
all times
times
generators,
of of
electricity
to to
thethe
facility
and
power
outages
are
avoided.
and power outages are avoided .
Monitor's Report:
Monitor's
Report :

The
The County
Countyisis meeting
meetingthis
this requirement
requirement through
throughthe
the Mechanical,
Mechanical,Elevator,
Elevator, and
and
Plumbing (MEP)
Project
that
begun
in in
late
andand
is isscheduled
totoend
Plumbing
(MEP)
Project
thatwas
was
begun
late2006
2006
scheduled
endininlate
late
2009.
2009.

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Monitor

Page 22 of 46

Page 67
67 of
of91
Page
91

44.. The
Defendants
by .July
the four
shall by
Ju ly 1t,, 2009,
2009, renovate
renova te the
fou r employee/inmate
e mployee/inmate
44
T he County
Coun tv Defen
da nts shall
at
901
Rice
Street
as
necessary
to
insure
the
safe
and
reliable
of each
elevators
ope ratio n of
each
eleva tors at 90 t Ri ce Stree t as necessary to insure th e safe and reliable operation
publicc elevators
elevator.
T he County
Coun ty Defendants
Defe ndants sshall
hall by.July
bv July 1I,, 2009,
20 09, renovate
re nova te tthe
he two
two publi
el evators aatt
elevator . The
levator.
90
as necessa~'
the safe
reliable
of each
901I Rice
Rice Street
S tree t as
necessary to
to insure
insure the
safe and
and reliab
le operation
operation of
eac h eelevator.
Monitor's
Monito r's Report:
Report:

The
Countyisis meeting
meetingthis
this requirement
requirement through
throughthe
the Mechanical,
Mechanical,Elevator,
Elevator, and
and
The County
Plumbing
(MEP)
Project
thatwas
was
begun
late2006
2006
scheduled
endininlate
late
Plumbing (MEP)
Project
that
begun
in in
late
andand
is isscheduled
totoend
2009.
2009 .
45. The
Defendants
shallissue
issuerequests
requestsfor
for proposals
proposalstoto accomplish
accomplishthe
thegoals
goalsofof
45.
The County
Countv Defendants
shall
llaragraphs
42,43, and
and shall
the
Paragraphs 42,43,
and 44
44 no
no later
laterthan
thanNovember
November 1,2005,
1,200 ,and
shallcommence
commence the
renovations as
as soon
soon as
as practicable
practicable thereafter
thereafter..
renovations
Monitor's Report
Report::
Monitor's

The County
Countyisis meeting
meetingthis
this requirement
requirementthrough
throughthe
the Mechanical,
Mechanical,Elevator,
Elevator, and
and
The
Plumbing(MEP)
(MEP)
Project
thatwas
was
begun
late2006
2006
scheduled
endininlate
late
Plumbing
Project
that
begun
in in
late
andand
is isscheduled
totoend
2009.
2009.
46..The
46
The County
Countv Defendants,
Defendants, through
through the
the Fulton
Fulton County
County General
General Services
Services Department
Department and
and
retention
engineering, construction
other
appropriate
firms,
shall
bring
all all
of of
thethe
jail
retention of
of engineering,
constructionand
and
other
appropriate
firms,
shall
bring
jail
plumbing,
otherapplicable
applicable
facilities into
facilities
intocompliance
compliance with
with the
the electrical,
electrical,fire,
fire,
plumbing,mechanical
mechanical and
and other
codes of
of Georgia
Georgia and
and Fulton
Fulton County.
County .
codes
Monitor's
Report
Monitor's :
Report:

The County
Countyisis meeting
meetingthis
this requirement
requirementthrough
throughthe
the Mechanical,
Mechanical,Elevator,
Elevator, and
and
The
Plumbing
Project
that
begun
in in
late
andand
is isscheduled
totoend
ininlate
Plumbing(MEP)
(MEP)
Project
thatwas
was
begun
late2006
2006
scheduled
end
late
2009.
2009.
47
TheCounty
Count-Defendants,
v- throughthrough
the Fulton
County
General
Services
47..The
the Fulton
County
General
ServicesDepartment
Departmentand/or
and/or
consultants,
contractors and
and other
carry out
out aa program
program ofofpreventive
consultants, contractors
other' means,
means,shall
shall carry
preventive
maintenance
disruptions
of of
thethe
operation
of of
thethe
jail
due to
to mechanical
mechanical
operation
jailfacilities
facilities due
maintemmcetotominimize
minimize
disruptions
failures.
failures.
Monitor's Report•
Report:
Monitor's

The County
Countyisis meeting
meetingthis
this requirement
requirementthrough
throughthe
the Mechanical,
Mechanical,Elevator,
Elevator, and
and
The
Plumbing(MEP)
(MEP)
Project
thatwas
was
begun
late2006
2006
scheduled
endininlate
late
Plumbing
Project
that
begun
in in
late
andand
is isscheduled
totoend
2009.
2009.
48
48.. The
Defendantsshall
shallemploy
employsufficient
sufficient maintenance
maintenancestaff
staff to
to identify
The County
County Defendants
identifymaintenance
maintenance
needs,
carry out
outroutine
routinemaintenance
maintenanceand
and promptly
promptly make
make repairs
where needed.
needed . \Vhen
needs, carry
repairs where
onWhen onsite maintenance
maintenance staff
isunable
unable to
torepair
repairsome
some part
part of
ofaacritical
critical
system
suchasas
HVAC or
site
staff is
system
such
HVAC
or
heating, County
shall immediately
secureaa qualified
qualified person
to make
the repair
repair..
heating,
Counts- Defendants
Defendants shall
immediately secure
person to
make the

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Page 23 of 46

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court
Court Monitor
Monitor
Page 68
68 of
of91
Page
91

Dated work
workorders
ordersfor
for both
bothroutine
routine and
and extraordinary
extraordinarymaintenance,
maintenance,including
includingdescriptions
descriptions
Dated
and
dates
of
actions
taken,
shall
be
maintained
at
the
Jail.
and dates of actions taken, shall be maintained at the Jail .
Monitor's
Monitor's Report:
Report :

The
Countyhas
has employed
employedJohnson
JohnsonControl,
Control, Inc
Inc.. (ICI)
for overall
The County
(JCI) to
to provide
provide for
overall
maintenance
Jailfacilities
facilities.. JCI
maintenance
forfor
thetheJail
JCI works
works closely
closely with
with the
theFulton
FultonCounty
County General
General
Services Department
Department toto ensure
day-to-day maintenance
maintenance needs
Services
ensure that
that day-to-day
needsofofthe
the Fulton
Fulton
County
Jail complex
are met.
County Jail
complex are
met .
49.
Repair
The Sheriff
Sheriff shall
shallinform
informinmates
inmates of
ofand
and shall
shallhave
haveready
ready access
accesstoto"'Maintenance
"Maintenance Repair
49 . The
Forms"such
suchasasthe
the one
one appended
appendedasasAppendix
Appendix
C to
notifystaff
staff of
of maintenance
needs..
Forms"
C to
notify
maintenance needs
MaintenanceRepair
Repair
Forms
shall
available
inmates
all times
times.. The
Sheriff shall
shall
Maintenance
Forms
shall
be be
available
to toinmates
atatall
The Sheriff
arrange through
through aa lock-box
lock-box or
or other
\Vay for
for inmates
arrange
other means
means aa way
inmates to
to submit
submit such
such forms.
forms . The
The
Sheriff will
frivolous requests
requests..
Sheriff
will screen
screen requests
requests to
to eliminate
eliminate duplicate
duplicate and
and frivolous
Monitor's Report:
Monitor's
Report :

The Auditor
Auditor has
has
There
has been
been no
no effort
effort made
to accomplish
accomplishthis
this requirement.
There has
made to
requirement . The
requested several
several times
Meetingsthat
thatthe
theJail
Jail should
requested
times in
in the
the Strategic
StrategicManagement
Management Meetings
should
develop aa process
process by
by which
whichitit can
can be
be documented
documentedthat
thatall
all required
required forms
forms are
are issued
issued
develop
to inmates.
to
inmates.
AA consistent
ensures issuance
issuance and
and
consistent and
and systematic
systematic procedure
procedurethat
that routinely
routinely ensures
documentation
forms are
issued to
to the
theinmate
inmate population
population must
must be
be developed
developed
documentationthat
thatall
all forms
are issued
and implemented
implementedbybythe
the Sheriff.
Sheriff.
and
50
Once notified
by, the
Sheriff,the
theCounty
County Defendants
Defendants shall
address maintenance
50.. Once
notified by
the Sheriff,
shall address
maintenancerepairs
repairsinin
and in
in order
orderof
of severity,
severity, as
All
aa timely
timeh, fashion
fashion and
as set
setforth
forthininthe
themaintenance
maintenance contract.
contract . All
Repair" forms
formsshall
shall be
andmaintained
maintainedatatthe
theJail.
Jail.
responses
to "Maintenance
responses to
.'Maintenance Repair"
be documented
documented and
D.
D . Ventilation
Ventilationand
andTemperatures
Temperatures

Monitor's Report:
Monitor's
Report :

The Jail
Jail maintenance
vendor, Johnson
JohnsonControls,
Controls, Inc
Inc.,.,maintains
The
maintenance vendor,
maintainsaacomputerized
computerized
of all
all work
order requests
requests that
that are
are received.
effort isisbeing
to
database
database of
work order
received . Every
Every effort
being made
made to
ensure
repair requests
requests are
are carried
carriedout
outasasrequired
requiredbybythe
theConsent
Consent Decree.
Decree . The
ensure that
that repair
The
Auditor
is
unaware
of
any
incidents
where
the
vendor
failed
to
meet
this
Auditor is unaware of any incidents where the vendor failed to meet this
requirement.
requirement .
Maintenance Staffing
Maintenance
Staffing and
andPositions
Positions -- The
current funding
funding for
for Jail
The current
JailMaintenance
Maintenance
Services is
providing aa variety
from each
meet
of staff
staff from
eachofofthe
the repair
repair service
service trades
trades to
to meet
Services
is providing
variety of
the
repair needs
needs of
of the
theJail
JailComplex;
Complex ; they
the repair
they are
aremade
made up
up by
by the
the following:
following :
1-Project
Project
1ManagerManager 22 - Locksmiths
Locksmiths
Tech
11 -- Lead
Lead HVAC
HVAC Tech

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Page 24 of 46

Seventh Quarterly
QuarterlyReport
Reportofofthe
the
Seventh
Court Monitor
Court
Monitor
Page69
69 of
of91
Page
91

- Lead Plumber
Plumber 4
1- Chief
Engineer
1Chief
Engineer 2 - 2 Lead
Plumbers
Shift Supervisors
Supervisors
77 -- Plumbers
44 -- Shift
- Electricians
Electricians
- Lead
Lead Locksmith
Locksmith
33 11 - Clerical
Clerical Support
Staff
55 Support Staff

Techs
- HVAC
-4 HVAC
Techs
- Electronics
Electronics Techs
Techs
33 6
General
Maint.
Techs
6 - General Maint . Techs

he reto as
implement
thee "Excessive
Policy" app
appended
as
nd imple
m ent th
"Excess ive Heat
Heat Policy"
e nd e d hereto
551.
1 . The
T h e Sheriff
S h eriff sshall
h a ll aadopt
d o pt aand
d
P
roce
du
res
Appendix
D.
The
policy
shall
be
included
in
the
Jail's
.Jail
Bureau
Policies
and
Procedures
endix
D
.
T
h
e
p
o
li
cy
s
h
a
ll
be
included
in
th
e
Ja
il
's
Jail
Bu
rea
u
Po
licies
an
Ap p
e di ca l scree
nin g at
determination
made
at m
medical
screening
at intake
intake
Op eratio n s Manual.
Man u al. A
A d
eterm in atio n sshall
hall be
be m
ade at
SStandard
tandard Operations
n
a
nt
inmates,
inm
a
tes
wi th
of
those
inmates
vulnerable
to
heat
injury,
including
aged
or
pregnant
inmates,
inmates
with
h
inm
a
t
es
v
ulnera
bl
e
to
h
eat
injury,
in
cl
uding
age
d
or
pr
eg
of t ose
accoun t when
w h en
illnesses,
inmates
certain
into account
cchronic
h ronic il
ln esses, aand
n d inmat
es ttaking
ak i ng cert
a in medications
m e d ica tio ns aand
nd ttaken
ake n into
establishing
the
inmate's
medical
profile.
h
i
n
g
th
e
in
mate's
m
ed
ica
l
profi
le
.
es t a bl is

Monitor's
Report:
r 's Report:
Monito

This section
section is
is under
of the
the Monitor
andwill
willbebereported
reportedononininaa future
future
This
under review
review of
Monitor and
report..
report
52.. The
Sheriff shall
and reported
reportedononevery
everyshift
shift
The Sheriff
shall ensure
ensure that
that the
the heat
heat index
index isismeasured
measured and
52
wherethe
the reported
reportedambient
ambienttemperature
temperature
800ororhigher
higherororthe
therecorded
recordedheat
heatindex
indexononthe
the
where
is is800
housingarea
areais
is 88°
the reported
reported ambient
ambienttemperature
temperatureisis 80
80 degrees
degrees or
or
housing
8$° or
or higher.
higher . 'Where
Where the
higher or
or the
the recorded
recordedheat
heatindex
indexon
onthe
thehousing
housingarea
areaisis 88
88 degrees
degreesor
or higher
higherthen
thenthe
the
higher
"Excessive Heat
Heat Policy"
Policy" shall
shall be
the Sheriff.
"Excessive
be implemented
implemented bby
y the
Sheriff. Instruments
Instruments used
used to
to measure
measure
temperaturesand
andrelative
relative humidity
humidityshall
shaH be
be calibrated
calibrated weekly.
temperatures
weekly .
Monitor's Report:
Monitor's
Report :

The main
mainjail
jail facility
hashas
oneone
older
model
The
facilitycurrently
currently
older
modelstandard
standardthermometer
thermometermounted
mounted
on the
wall inside
inside each
each of
of the
the 78
78 housing
housing units
units.. This
Thisthermometer
thermometer provides
provides enables
enables
on
the wall
both inmates
inmates and
andstaff
staff to
both
to monitor
monitor the
the inside
insideambient
ambient temperature
temperature of
of the
the dayroom
dayroom
area. That
That unit
unit does
does not
not provide
provide for
for any
any measurement
measurement ofofthe
theactual
actualheat
heatindex
indexinside
inside
area.
those housing
units..
those
housing units
Although
combination
lCIhas
has agreed
agreedto
to purchase
purchase aa combination
Althoughthe
the maintenance
maintenanceservice
servicevendor
vendorJCI
of each
housing
unit that
and heat
heat index
index of
unit
thatwill
willprovide
provideboth
boththe
theambient
ambient temperature
temperature and
each housing
unit
dayroom area,
able
to tolocate
unit dayroom
area,they
theyhave
havenotnotbeen
been
able
locatea asuitable
suitableunit
unitthat
that can
can meet
meetthe
the
need.
need.
53.
ventilationsystem
systemininthe
thecells
ceJJs shall
shall provide
at least
least fifteen
53 . The
The ventilation
provide at
fifteen (15)
(15)cubic
cubic feet
feetper
perminute
minute
of circulated
circulated air
airper
peroccupant.
occupant .Additionally,
of
cells
shall
have
no
less
than
four
(4)
air
changes
Additionally, cells shall have no less than four (4) air changes
per'
per hour.
hour .
Monitor's Report:
Monitor's
Report :

The
The County
Countyisis meeting
meetingthis
this requirement
requirementthrough
throughthe
the Mechanical,
Mechanical,Elevator,
Elevator, and
and
Plumbing (MEP)
Project
that
begun
in in
late
andand
is isscheduled
totoend
Plumbing
(MEP)
Project
thatwas
was
begun
late2006
2006
scheduled
endininlate
late
2009.
2009.

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Monitor

Page 25 of 46

Page
70 of
of91
Page 70
91

inmates
additional clothing
clothing and
blankets
thee
54. The
hall provide
provide in
m ates with
w ith additional
a nd bla
nkets when
when th
54.
The Sheriff
S h eriff sshall
temperature
falls
below
sixty-five
(65)
degrees
Fahrenheit.
tem p erat u re fal ls below sixt-y-five (b-5) degrees Fa hre nheit.
Monitor's Report:
Report:
Monitor's

This
requirementisisbeing
beingmet
met
Sheriff
a case
case
basis
identified
This requirement
by by
thethe
Sheriff
on on
a case
by by
case
basis
as as
it itisisidentified
is identified
that Housing
Units are
are too
too cool.
that
Housing Units
cool . In
Inthose
those cases
cases where
where itit is
identified that
that inmates
inmates
require
require additional
additional clothing
clothing or
or blankets,
blankets, they
they are
arebeing
being provided.
provided . Sheriff
Sheriff'ss staff
staff
eachhousing
housing
unitononeach
each
thethree
threeshifts
shifts and
and
monitor
the ambient
ambienttemperature
temperatureofofeach
monitor the
unit
ofof
the
thatinformation
information is
report
thethe
Operational
Watch
Commanders;
is
report their
theirfindings
findingsto to
Operational
Watch
Commanders ; that
reported
to Jail
shouldthere
there be
be the
the
reported to
JailAdministration.
Administration . These
These reports
reports can
can be
be provided
provided should
requirementas
as they
they are
are reviewed
bythe
the Auditor,
Auditor, when
whenthey
theyare
areprovided
providedbybythe
the
requirement
reviewed by
Sheriff.
Sheriff.
55.. The
being transferred
transferred from
fromthe
theJail
Jail to
to the
on
The Sheriff
Sheriff shall
shall ensure
ensure that
that inmates
inmates being
the courthouse
courthouse on
5-5
aa bus
with
no
air
conditioning
shall
be
provided
access
to
fresh
ice
water
during
the
course
of
bus with no air conditioning shall be provided access to fresh ice water during the course of
the trip
the bus.
the
trip and
and while
while waiting
waiting on
on the
bus .
Monitor's
Report:
Monitor's Report :

TheSheriff
Sheriffis
is meeting
this requirement
of the
the Consent
Decreethrough
throughthe
theefforts
efforts of
of
The
meeting this
requirement of
Consent Decree
the
Transfer Unit
Sheriff's Office.
Office .
the Sheriff's
Sheriff s Transfer
Unit of
of the
the Sheriffs
F.. Environmental
Health and
and Safety
Safety
E.
Environmental Health
The Sheriff
Sheriff shall
shall proyide
provide inmates
inmates adequate
adequatecleaning
cleaningsupplies
suppliestotoclean
cleanand
anddisinfect
disinfecttheir
their
56.
56 . The
living areas
areas on
on aa daily
daily basis.
basis . \Vhen
When using
living
usingcleaning
cleaningsupplies,
supplies, appropriate
appropriateprotective
protective clothing
clothing
and equipment
by inmates
inmates and
and
equipmentshall
shallbebeavailable
available for
for use
use by
andstaff.
staff.
Monitor's
Monitor's Report
Report::

Cleaning
Cleaning supplies
supplies (mop,
(mop,mop
mopbucket,
bucket,broom,
broom,
cleaning
cleaning
solution,
solution,disinfectant,
disinfectant, gloves)
gloves)
are
to the
the inmate
inmatepopulation
populationofofeach
eachhousing
housingunit
unitatatleast
least once
once per
per
are being
being provided
provided to
shift.
service period
period of
of the
the respective
shift. Typically
Typically this
this issuance
issuance is
isfollowing
following the
the meal
meal service
respective
ofthe
the units
units.. Showers
areinspected
inspectedbybythe
thefloor
floorofficer
officeratat
shifts
shifts to
to enable
enable the
the cleanup
cleanup of
Showers are
various
to ensure
ensure that
thatthey
theyhave
have been
been cleaned
cleaned
various times
times during
duringthe
the respective
respective shifts
shifts to
according
to American
American Corrections
Association (ACA)
(ACA) standards
according to
Corrections Association
standards..
To ensure
ensure that
that this
accreditation standards,
standards,
To
this process
process isisworking
working as
asrequired
requiredby
byACA
ACA accreditation
the Sheriff
designatedand
andorganized
organizedjail
jail inspection
inspection team
team
the
Sheriff has
has agreed
agreed to
to implement
implement aa designated
of
that will
to ensure
that the
acceptablelevel
level of
that
will be
be responsible
responsible to
ensure that
the Jail
Jail meets
meets an
an acceptable
cleanliness
cleanliness.. No
No time
time table
table has
has been
been set
set for
for this
thisimplementation.
implementation .
57
The Sheriff
Sheriff shall
shall ensure
ensure that
that all
allsafet)'
safetyand
andcleaning
cleaningequipment
equipment is
cleaned and
57.. The
is cleaned
andstored
storedinin aa
safe
manner . This
shall be
order..
safe manner.
This equipment
equipment shall
be maintained
maintained in
in good
good working
working order

Monitor's Report:
Monitor's
Report :

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Page 26 of 46

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court
Court Monitor
Monitor
Page 71
71 of
of91
Page
91

The
Sheriff must
designate aa standard
tool whereby
wherebythis
this
The Sheriff
must designate
standard and
and measurement
measurement tool
requirement
can be
requirement can
be met.
met .
Cleaning equipment
Cleaningg Equipment
equipmentisis not
not being
being maintained
maintainedor
or inspected
inspected with
with
Cleanin
Equipment -- Cleaning
is there
is
any
consistency, nor
nor is
any consistency,
there aa designated
designated storage
storage system.
system . Cleaning
Cleaning equipment
equipment is
being
stored according
to differing
differing locations
being stored
according to
locations and
and according
according to
to the
the requirements
requirements of
of
the
the various
various shifts
shiftsand
andmay
may be
be changed
changed at
at any
any time
time of
of the
the day.
day .

Safetyy Equipment
- Safety
Safety equipment
equipment(smoke-cutter
(smoke-cutterflashlights,
flashlights, micro-shields
micro-shieldsfor
for
Safet
Equipment CPR)
supposed
easilyaccessible
accessibletotoall
all uniformed
uniformedstaff
staffworking
working
Jail
CPR) isissupposed
totobebeeasily
in in
thetheJail
recent inventory
inventory of
of all
allSelf-contained
Self-containedBreathing
Breathing Apparatus
Apparatus storage
storage
complex.. AA recent
complex
cabinets located
the
cabinets
located through
through the
the Jail
Jailcomplex
complex revealed
revealed that
thatmost
most were
were missing
missing the
they had
had not
not been
been
flashlights and
flashlights
and micro-shields
micro-shields as
asstaff
staffhad
hadremoved
removed them
them and
and they
replaced
replaced..
The
must implement
The Sheriff
Sheriff must
implementananinspection
inspection procedure
procedure whereby
wherebyall
all such
such safety
safety
Correctionalstandards
standards(ACA
(ACA
if needed.
equipmentcan
canbebeensured
ensuredtotobebeavailable,
available, if
equipment
needed . Correctional
and National
National Commission
Correctional Health
Health Care
Care (NCCHC))
(NCCHC))
requirethat
thatsuch
such
and
Commission ononCorrectional
require
aa procedure
procedure and
Such aa procedure
procedure is
designed and
and
and system
systemshould
shouldalready
alreadybe
be in
in place
place.. Such
is designed
intended to
saving equipment
equipment isisavailable
intended
to ensure
ensurethat
thatall
all life
life saving
availabletotostaff
staffin
in any
any
emergency
emergencysituation
situation or
or other
other need.
need .
58.. The
including
contracted
58
The Sheriff
Sheriff shall
shallensure
ensurethat
thatkitchen
kitchenstaff,
staff,
including
contractedemployees
employeesand
and inmate
inmate
workers, receive
receive training
includes the
of taking
workers,
training which
which includes
the reasons
reasons for
forand
and meaning
meaning of
taking temperatures
temperatures
of food
food and
and delivering
food quickly.
quickly .
of
delivering food
Monitor's
Monitor's Report
Report::

The
must designate
standard and
and measurement
measurement tool
The Sheriff
Sheriff must
designate aa standard
tool whereby
wherebythis
this
requirement
be met.
met .
requirement can
can be
59.
The Sheriff
Sheriff Sh~lll
shalldevelop
develop policies
policiesand
andprocedures
procedures for
for maintaining
maintaining the
sanitation and
and
59. The
the sanitation
environmental
cleanlinessofofthe
the Jail,
.Jail, which
will be
in .Jail
Policies and
environmental cleanliness
which will
be included
included in
JailBureau
Bureau Policies
and
Procedures
Procedures Standard
Standard Operations
Operations Manual.
Manual . Plaintiffs'
Plaintiffs'counsel
counselshan
shallbebepermitted
permitted to
to review
review
and comment
comment
policiesand
andprocedures
procedures
prior
theirfinal
final adoption
adoption..
and
on on
thethe
policies
prior
to totheir
Monitor's
Monitor's Report:
Report :

The
must designate
standard and
and measurement
measurement tool
The Sheriff
Sheriff must
designate aa standard
tool whereby
wherebythis
this
requirement can
can be
be met.
met .
requirement
60 . The
60.
and
The Sheriff
Sheriff shall
shallensure
ensure that
thataU
allhousing
housingareas,
areas,including
includingshowers,
showers,sinks,
sinks,
andcommon
common
areas are
thoroughly and
mold
areas
are thoroughly
andsafely
safelydisinfected
disinfected and
andcleaned
cleanedononaaregular
regularbasis
basis to
to control
control mold
and Staphylococcus.
Staphylococcus.
and

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Page 27 of 46

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court
Court Monitor
Monitor
Page 72
72 of
of91
Page
91

Monitor's
Monitor's Report:
Report :

The Sheriff
Sheriff must
designate aa standard
tool whereby
this
The
must designate
standard and
and measurement
measurement tool
whereby this
requirement can
can be
requirement
be met.
met .
61.. The
machinesininthe
theJail
Jail kitchen
kitchen shall
shaH have
The Sheriff
Sheriff shall
shall ensure
ensure that
that the
the dishwashing
dishwashing machines
have aa
61
"final rinse"
of one
degrees(180)
(180) Fahrenheit
Fahrenheitwith
withaa
"final
rinse"water
water temperature
temperature of
one hundred-eighty
hundred-eighty degrees
psi.. The
and conveyor
conveyorspeed
speed
water
hittingthe
thedish,
dish,utensil,
utensil,
nozzle pressure
nozzle
pressure of
of 15-10
15-10 psi
The time
time and
ofof
water
hitting
or tray
of the
or
tray shall
shallconform
conform to
to the
theoperating
operating manual
manual of
the dishwasher.
dishwasher .
Monitor's
Report:
Monitor's Report :

The
must designate
standard and
and measurement
measurement tool
The Sheriff
Sheriff must
designate aa standard
tool whereby
wherebythis
this
requirement can
can be
requirement
be met.
met .
62.
cause tthe
in cells
ceHs and
day roo
rooms
to be
62. The
T he Sheriff
Sheriff sshall
hall cause
he air
air quality
q uality in
a nd day
ms to
be documented
documente d by
b y aa
documentation
be maintained
maintained at
at the
the Jail.
Jail.
qualified
qu
individu al on
on aa regular
reg ular basis.
basis. This
T his doc
umentation shall
shall be
alified individual
Monitor's
Monitor's Report:
:
Report

The
Sheriff must
tool whereby
this
The Sheriff
must designate
designate aa standard
standard and
and measurement
measurement tool
whereby this
requirement can
can be
requirement
be met.
met .
63.
the existence
existence of
of this
Consent Order,
Order, an
an en
environmental
specialist retained
by
63. During
During the
this Consent
vironmental specialist
retained b~~
plaintiffs' counsel
shall be
twice aa year
year to
to inspect
plaintiffs'
coun s el shall
be allolved
allowed twice
inspect the
the Jail,
Jail,speak
speakwith
with inmates
inmates and
and
staff; inspect
inspect documents;
conditions and
take samples
on
staff;
document s ; take
take photographs
photographs of
of environmental
environmental conditions
and take
samples on
at aa time
approved by
by the
the Sheriff.
aa date
date and
and at
time approved
Sheriff.
Monitor's Report:
Monitor's
Report :

The Auditor
Auditorisis not
not aware
of any
any requests
requests being
being made
madebybythe
thePlaintiff's
Plaintiffs Counsel
The
aware of
Counsel
requesting an
an inspection
inspection by
by there
there environmental
specialists..
requesting
environmental specialists
F.
Plumbing
F. Plumbing
F h e County
C ounty Defendants
hall maintain
m aintain toilet
64.. "The
toilets,
sinkss in
in good
good workin
working
order..
64
Defendants sshall
s, showers,
showers, and
and sink
g order
The
County Defendants
Defendants shall
shall develop
prev entive maintenance
maintenance schedule
The County
develop aa preventive
and
policy
for
schedule and polic y for
upli.eep of
of the
system.
upkeep
the plumbing
plumbin g sys
tem .
Monitor's Report:
Monitor's
Report :

The County
Countyisis meeting
meetingthis
this requirement
requirementthrough
throughthe
the Mechanical,
Mechanical,Elevator,
Elevator, and
and
The
Plumbing
Project
that
begun
in in
late
andand
is isscheduled
totoend
Plumbing(MEP)
(MEP)
Project
thatwas
was
begun
late2006
2006
scheduled
endininlate
late
2009.
2009.
65 . All
All inmates
inmates in
in the
the Jail
Jailshall
shallhave
haveaccess
accesstotofresh
fresh
drinkingwater
water twenty-four
twenty-four (24)
(24) hours
hours
65.
drinking
per
day seve
ays per
per week.
week .
per day
sevenn (7)
(7) d
days
Monitor's
Report :
Monitor's Report:

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court
Court Monitor
Monitor

Page 28 of 46

Page
73 of
of91
Page 73
91

The County
Countyisis meeting
meetingthis
this requirement
requirementthrough
throughthe
the Mechanical,
Mechanical,Elevator,
Elevator, and
and
The
Plumbing
Project
that
begun
in in
late
andand
is isscheduled
to toend
ininlate
Plumbing(MEP)
(MEP)
Project
thatwas
was
begun
late2006
2006
scheduled
end
late
2009..
2009
manyinmates,
inmates,especially
especially females,
females, have
have been
been
As
the result
As the
resultof
ofthe
theongoing
ongoingMEP,
MEP, many
confined to
to holding
holdingcells
cells for
hourswhile
whilethey
theyare
arescheduled
scheduled
attendFirst
First
confined
for many
many hours
totoattend
Appearance and
hearings
at atthe
Holding Cell
Cell 57
being
Appearance
andProbation
ProbationRevocation
Revocation
hearings
theJail
Jail..Holding
57 is
is being
utilized
hearings;; these
utilized totohold
holdmost
most females
females awaiting
awaiting hearings
these inmates
inmates are
are not
not afforded
afforded easy
easy
access to
to aa restroom
as this
this holding
cell does
restroomororsink
sinkto
to provide
provide
access
restroom as
holding cell
does not
not have
have aa restroom
fresh drinking
notnot
uncommon
for inmates
to be
the hearing
hearing
fresh
drinking water.
water. ItItisis
uncommon for
inmates to
be held
held beyond
beyond the
hours and
and into
into the
the late
hours
late evening
evening and
and night
night time
time hours
hours rarely
rarely being
being offered
offered restroom
restroom
and water
water breaks.
and
breaks .
hall be
h o used in
ce ll w
ith sstanding
t an ding water
n the
the cell.
cell. No
No inm
ate shall
be
66.. No
in aa cell
with
water iin
inmate
shall be
66
No iinmate
nmate sshall
b e housed
housed in
in aa cell
toilet
that does
oraa sink
sink th
that
does not
housed
ce ll with
wit h aa toi
let that
does not
not work
work or
at does
not work.
work.
Monitor's
Monitor's Report
Report::

The
is meeting
meeting this
thismandate
mandate of
of the
theConsent
Consent Decree.
Decree . There
There are
are occasional
occasional
The Sheriff
Sheriff is
toilet and
within
toilet
and sink
sink repair
repairrequests
requestssubmitted
submitted and
and those
those repairs
repairs are
aregenerally
generally made
made within
eight
to ten
ten hours
hours after
after being
being received.
received .
eight to

manyinmates,
inmates,especially
especiallyfemales,
females,are
arebeing
beingheld
held
As the
the result
result of
As
ofthe
theongoing
ongoing MEP,
MEP, many
in holding
holding cells
cells for
formany
many hours
hours while
scheduled to
FirstAppearance
Appearance
in
while they
they are
are scheduled
to attend
attend First
and Probation
Holding Cell
and
ProbationRevocation
Revocationhearings
hearingsatatthe
thejail.
jail. Holding
Cell 5757isis being
beingutilized
utilized to
to
hold
females awaiting
hold all
all females
awaiting hearings,
hearings, these
these females
femalesare
are not
not afforded
affordedeasy
easyaccess
accesstoto aa
restroomas
as this
this Holding
Cell does
does not
not have
haveaa restroom
restroomororsink
sink to
to provide
provide fresh
fresh
restroom
Holding Cell
drinking
notnot
uncommon
for inmates
the hearing
drinking water.
water. ItItis is
uncommon for
inmates to
to be
be held
held beyond
beyond the
hearing hours
hours
and into
the late
lateevening
evening and
and night
time hours
and
into the
night time
hours..
67.
Defendants sshall
(2) hours
hours of
67. The
T he County
County Defendants
hall clean
clean up
up any
and and
a nd aall
ll sewage
sewage leaks
leaks within
w ithin two
two (2)
of
becomin g aware
aware of
them.
becoming
of them.
Monitor 's R
Monitor's
Report:
eport:

The
The Auditor
Auditorisis not
not aware
aware of
of any
any sewage
sewageleaks
leaksduring
duringthe
thereporting
reporting period
period.. The
The
Sheriff
meeting this
thismandate
mandate of
of the
theConsent
Consent Decree.
Decree .
Sheriff isismeeting
G8. The
"The hot
hot water
wa ter te
mpera ture in
68.
temperature
in all
all sshowers
in the
Jail shall
shall be
howers aand
nd sinks
sinks in
th e Jail
be between
between one
one
hundred
and oone
n e hund
hundred (100)
(100) degrees
degrees and
hundred
red twenty
twe nty ((120)
120) degrees
deg rees Fahrenheit.
Fa hrenheit. There
T her e sshall
h a ll be
be at
at
least one
o ne ((1)
1 ) working
working sshower
hower in
eac h zone.
least
in each
zone. All
sinks shall
and
A ll sinks
s hall have
h ave working
worki ng cold
cold an
d hot
h ot water.
water.
Monitor
's Report
:
Monitor's
Report:

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Page 29 of 46

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court
Court Monitor
Monitor
Page
74 of
of91
Page 74
91

The County
Countyisis meeting
meetingthis
this requirement
requirementthrough
throughthe
the Mechanical,
Mechanical,Elevator,
Elevator, and
and
The
Plumbing(MEP)
(MEP)
Project
thatwas
was
begun
late2006
2006
scheduled
end
late
Plumbing
Project
that
begun
in in
late
andand
is isscheduled
to toend
ininlate
2009.
2009.
69.. All
wiring iinn showers
showers shall
shall be
to code
such th
that
live wire
69
All electrical
electrical wiring
b e covered
covere d according
accor din g to
code such
at no
no live
wire
is
is exposed.
exposed.
Monitor's
Monitor's R
Report:
eport :

The Sheriff
ismeeting
meeting this
thismandate
mandate of
of the
theConsent
Consent Decree.
Decree .
The
Sheriff is
G.
G .Laundry
Laundry
70.. The
shall provide
aU inmates
withatatleast
least three
three (3)
(3) sets
sets of
and
70
The Sheriff
Sheriff shall
provide all
inmates with
of clean
clean Jail
Jailuniforms
uniforms and
undenvcar
per
week
upon
being
assigned
to
a
housing
zone.
All
inmate
linens
~md
towels
underwear per week upon being assigned to a housing zone . All inmate linens and towels
forclean
cleanlinens
linens and
andtowels
towelsatat least
least twice
shall be
shall
be exchanged
exchanged for
twice weekly.
weekly .
Monitor's
Report:
Monitor's Report :

Jail staff
meet
mandate
Jail
staffcontinues
continues totostruggle
struggleinintheir
theirattempt
attempttoto
meetthis
this
mandate of
ofthe
theConsent
Consent
Decree.
The
current
laundry
equipment
is
under
constant
usage
and
continues
to
Decree. The current laundry equipment is under constant usage and continues to
breakdownonly
onlytotobeberepaired
repaired again
again and
and again
again..The
continually
breakdown
The Auditor
Auditor has
has continually
recommended
that
maintained
recommended
thatall
allwashers
washersand
anddryers
dryersbe
be replaced
replaced and
and should
should then
then be
be maintained
One dryer
dryer has
has been
been out
out of
of service
servicesince
sinceAugust
August 2007
2007
under aa manufactures
under
manufactures warranty.
warranty . One
fire..
whenitit was
wasdamaged
damaged
beyond
repair
as the
resultofofa afire
when
beyond
repair
as the
result
71
The Sheriff
Sheriff shall
shall permit
permit only
only those
7J.. The
those inmates
inmatesand
andstaff
stafftrained
trainedin
in the
the proper
properuse
useofofall
all
equipment
to
use
the
equipment
.
Tra
ining
shall
include
instructions
regard
ing
laundry
equipment
to
use
the
equipment.
Training
shall
include
instructions
regarding
laundry
amount ofofdetergent
laundry
procedures -- how
clothes are
are to
to wash
and dry,
dry, the
the amount
detergentto
to be
be
laundry procedures
how long
long clothes
wash and
used,
the temperatures
temperatures required
required to
disinfect the
the materials
materials being
being washed,
washed, the
the requirement
requirement
to disinfect
used, the
that clothes
be maintained
that
clothes be
be completely
completel y dry,
dr}-, and
and similar
similar information
information -- shall
shall be
maintained in
in writing.
writing.
Monitor's
Monitor's Report:
Report :

The Sheriff
must designate
designate aa standard
standard and
and measurement
measurement tool
whereby this
The
Sheriff must
tool whereby
this
requirement can
be met.
met .
requirement
can be
72
72.. The
separatelaundry
laundrycarts
cartsfor
forclean
cleanclothes
clothesand
andsoiled
soiledclothes,
clothes, and
and
The Sheriff
Sheriff shall
shall maintain
maintain separate
carts
clean clothes
clothes or
or soiled
soiled clothes
clothes..
carts shall
shall be
be clearly
clearly labeled
labeled indicating
indicating clean
Monitor's Report:
Report :
Monitor's

The Sheriff
Sheriff is
The
is meeting
meeting this
thismandate
mandate of
of the
theConsent
Consent Decree.
Decree .
73. Dissolvable
Dissolvable laundry
laundry bags
accessible during
during an
73.
bagsshall
shallbebelocated
locatedininananarea
areathat
thatisis easily
easily accessible
an
emergency
forcollection
collection of
of clothes,
clothes, linens,
emergency for
linens,and
andother
otherlaundry
laundry items
items that
that become
become
contaminated with
contaminated
withblood
bloodororbodily
bodilyfluids
fluids..
Monitor's
Monitor's Report
Report::

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Monitor

Page 30 of 46

Page 75
75 of
of91
Page
91

The Sheriff
Sheriff is
The
is meeting
meeting this
thismandate
mandate of
of the
theConsent
Consent Decree.
Decree .
H.
H. Housing
Housing
lls shall
74.
thee Jail
shall be
be equipped
with ade
adequate
in tthe
cells
be
74. All
All cells
cells in
in th
Ja il shall
equipped with
qua te lighting.
l ig hting. Lighting
L ig hting in
he ce
s ha ll be
at desk
des k llevel
evel and
and at
the grooming
groom in g station
station pursuant
pursuant to
Jail
at
least twenty
(20) foot
at the
to Jail
at least
twenty (20)
foot candles
cand les at
Bureau
Policies
and
Procedures
Standard
Operations
Manual
No.llOO-Ol.
B
Po
l
nd
tan
dard
Op
erat
ions
Ma
nu
al
No.1100-01
.
ureau
icies a
Procedures S
Monitor's
Monitor 's Report:
Report :

There continues
The
There
continuestotobebelighting
lightingissues
issueswithin
withinthe
theindividual
individualcells
cellsofofthe
the Jail
Jail.. The
maximum
security
cellshave
have
lightingunits
unitsthat
that do
do not
not provide
provide for
for adequate
adequatelighting
lighting
maximum
security
cells
lighting
themain
mainJail
Jailfacility
facility.. The
within the
the cells
cells on
on the
the sixth
sixth and
andseventh
seventhfloors
floorsofofthe
within
The Auditor
Auditor
is
not aware
aware of
any provisions
MEP totocorrect
is not
of any
provisions of
of the
the MEP
correctthe
theinadequate
inadequatelighting
lightingunits
units of
of
these cells
cells..
these
75.
All cells
cens shall
day light
light.. No
shall be
be confined
confinedin
in aa cell
cell without
shallhave
have aaworking
working day
No inmate
inmate shall
without aa
75 . All
working
\'rorkinglight.
light.
Monitor's Report•
Report:
Monitor's

The Sheriff
ismeeting
meeting this
thismandate
mandate of
of Consent
Consent Decree.
Decree . There
There are
are occasional
occasional
The
Sheriff is
maintenance
requestsubmitted
submittedtotomake
make
lightrepairs
repairsand
andthose
thoserepairs
repairsare
are generally
generally
maintenance request
light
made
of there
there submission.
submission.
madewithin
withinhours
hours of
in the
the inmate
inmate housing
housing units
not exceed
exceed 70
DBA (A
(A Scale)
Scale) during
during the
the
76.
Noise levels
levels in
units shall
shall not
70 DBA
76 . Noise
daytime
daytime and
and 45
45DBA
DBA (A
(A Scale)
Scale) at
at night.
night . "Night"
"Night" shall
shall be
be defined
defined as
as from
from 11
1t :00
:00 p.m.
p .m . until
until
breakfast is
is served.
shaHconsist
consistofofall
all other
times.. See
breakfast
served . "Daytime"
"Daytime" shall
other times
See Jail
JailBureau
Bureau Policies
Policies ~md
and
Procedures
Procedures Standard
Standard Operations
Operations :vJanual
Manual No.
No . 1100-03.
1 100-03 .
Monitor's
Monitor's Report:
Report :

The
Sheriff must
tool whereby
this
The Sheriff
must designate
designate aa standard
standard and
and measurement
measurement tool
whereby this
requirement
requirement can
can be
be met.
met .
I . Legal
I.
Visits
Legal and
and Family
Family Visits
77. The
T he Sheriff
Sher iff sshaH
hall aHow
allow legal
lega l vis
its at
a t the
the Jail
fro m 77 a.m.
77.
visits
Jail from
until midnight
days aa
a .m. until
m idnight seven
seven days
week. The
The County
County Defen
dant s sshall
hall install
in stall telephones
tel ephones in
Defendants
booths to
to
week.
in the
th e attorney
attor ney visiting
visiting booths
fac il itate confidential
facilitate
communications
between
confiden tial comm unica tions between attornevs
attorneys and
a n d cclients.
lien ts.
Monit or's R
Monitor's
Report:
eport:

Legal visits
visits are
duringall
all times
times of
of the
the day
and night
night as
as requested
requestedbybythe
the
Legal
are allowed
allowed during
day and
defendants' attorneys
defendants'
attorneys..

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court
Court Monitor
Monitor

Page 31 of 46

Page
76 of
of91
Page 76
91

For the
the past
past year,
concernsregarding
regardingthe
theattorney
attorneybooths
boothsatatthe
the
For
year, there
there have
have been
been concerns
Bellwood Annex.
Bellwood
Annex . The
The single
singlebooth
booth(Bellwood
(BellwoodAnnex)
Annex) designed
designedtotoaccommodate
accommodate
legal
visitation
does
not
meet
the
demand
for
two
hundred
inmates.
The
legal visitation does not meet the demand for two hundred inmates . The majority
majority of
of
these
inmates
are
clients
of
the
Public
Defender's
Office
and
this
requires
countless
these inmates are clients of the Public Defender's Office and this requires countless
visitation periods.
periods.
visitation
There
are two
twoadditional
additionallegal
legalvisitation
visitation booths
but they
they are
are not
not being
being utilized
utilized by
There are
booths but
by
of Jail
were previously
previouslyallowed
allowedfor
forlegal
legal
order
order of
JailAdministration.
Administration . These
These booths
booths were
visitation periods
orderednot
notto
to be
be used
usedunder
underthe
thepast
pastJail
Jail Director's
Director's
visitation
periods but
but were
were ordered
Administration.
to be
the
Administration . These
These booths
booths provide
provide for
for documents
documents to
be passed
passed between
between the
attorney and
defendantto
to ensure
ensure adequate
adequatelegal
legal needs
needsasas the
the defendant
defendantand
andattorney
attorney
attorney
and defendant
plan
take action
action and
andresolve
resolvethis
this issue
issue..
plan for
for court
court appearances.
appearances . The
The Sheriff
Sheriff must
must take
78.
Defendants
shallensure
ensurethat
thatall
all steel
steel grating
in any
78. The
The County
County Defendants
shall
gratingcovering
coveringwindows
windows in
any
visitation
replacedwith
withPlexiglas
Plexiglas or
or glass
glass panels
that make
visitation booth
booth shall
shall be
be removed
removecd and
and replaced
panels that
make itit
possible
for the
see the
the visitor
visitor..
possible for
the inmate
inmate toto see
Monitor's Report:
Monitor's
Report :

The
The steel
steel grating
ofvisitors
visitors booths
The
grating over
over the
thewindows
windows of
booths have
have all
allbeen
beenremoved.
removed . The
ofthis
this section
Sheriff meets
the requirement
Sheriff
meets the
requirement of
section of
ofthe
theConsent
Consent Decree.
Decree .
J.
Medical Care
Care
.I. Medical
79. The
The Sheriff
Sheriff shall
shallrequire
requirethe
themedical
medical vendor
vendor to
to ensure
ensure that
that medication
medication administration
79.
administration
records
v• hatmedications
medications are
are provided,
provided, when,
when, and
Ifthe
theprescribed
prescribed
records specify
specify what
and by
by whom
'whom.. If
medications
All
medicationsare
arenot
notprovided,
provided,these
theserecords
recordsshall
shallspecify
specify the
the reason
reasonthat
that they
they are
are not
not.. All
staff
staffdistributing
distributingmedication
medicationmust
must observe
observe medications
medications being
being taken
taken by
by the
the recipient
recipient inmate
inmate
as they
they are
are distributed.
distributed .
as
Monitor's
Monitor's Report:
Report :

With
the exception
exceptionofofisolated
isolated and
andoccasional
occasionalincidents
incidentsthe
the Sheriff
Sheriff is
is meeting
the
With the
meeting the
ofthis
this section
requirementsof
requirements
section of
ofthe
theConsent
Consent Decree.
Decree .
80
80.. The
that all
aU negative
indicators in
in the
the tuberculosis
tuberculosis isolation
isolation
The Sheriff
Sheriff shall
shall ensure
ensure that
negative pressure
pressure indicators
rooms
be checked
checked and
and maintained
maintained in
good working
working order
rooms shall
shall be
in good
order.. If
If aa negative
negative pressure
pressure
indicator is
is broken,
broken, it
itshall
shallbeberepaired
repairedpromptly.
promptly .
indicator
Monitor's
Report :
Monitor's Report:

AA recent
the negative
negative pressure
pressure cells
cells by
by aaprofessional
professionalmechanical
mechanical
recent inspection
inspection of
of the
engineering vendor
overall system
system was
engineering
vendoridentified
identifiedthat
that the
the overall
wasnot
notoperating
operatingatat an
an
acceptable
ensure that
that all
allinmates
inmates are
arebeing
being housed
housed in
in an
an adequate
adequate and
acceptable level
level to
to ensure
and
proper
pressureenvironment.
environment . This
This report
report will
will be
be made
made available
proper negative
negative air
air pressure
available to
to the
the
Court
made available
by the
theCounty
County Defendants.
Defendants .
is made
available by
Court Monitor
Monitorwhen
whenitit is

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Seventh
QuarterlyReport
Reportofofthe
the
Seventh Quarterly
Court
Court Monitor
Monitor

Page 32 of 46

Page 77
77 of
of91
Page
91

that all
all dental
shallbebere-sterilized
re-sterilized prior
prior to
to each
use..
The Sheriff
Sheriff shall
shall ensure
ensure that
dental equipment
equipment shall
each use
S81.
1 . The
All
sterilization and
in writing
and
and re-sterilization
re-sterilizationprocedures
procedures shall
shallbebeclearly
clearlydocumented
documented in
writing and
All sterilization
followed at
at all
all times.
shall be
be maintained
maintainedatatthe
theJail
.Jail..
followed
times . This
This documentation
documentation shall
Monitor's Report
Report::
Monitor's

There-sterilization
re-sterilization procedures
are being
being carried
carried out
out on
on all
all dental
The
procedures are
dental equipment
equipment asas
required by
codes, industry
industry standards,
standards, as
as required
required by
by the
theAmerican
American
required
by health
health codes,
Correctional Association
and National
National Commission
Correctional Health
Health
Correctional
Association (ACA)
(ACA) and
Commission ononCorrectional
Care
(NCCHC).
Care (NCCHC).
K. Inm
Inmates
K.
ates ,,,,ith
w ith Physical
Ph ysica l Disabilities
Disa bilities
82.. The
The County
CountyDefendants
Defendantsshall
shallensure
ensure that
that there
men
82
there isishousing
housingfor
for
menand
andwomen
women inmates
inmates
with physical
physical disabilities
disabilities and
to applicable
with
andsuch
such housing
housing shall
shallconform
conform to
applicable guidelines
guidelines provided
provided
by the
the United
United States
States Department
Department ofofJustice
Justice pursuant
pursuanttoto the
the Americans
Americanswith
withDisabilities
Disabilities Act
Act
by
('"ADA"),
including
but
not
limited
to,
wheel-chair
accessible
cells,
bathroom
facilities,
and
("AD A"), including but not limited to, wheel-chair accessible cells, bathroom facilities, and
shower
facilities;; and
andramps
rampstotoaccess
accessshower
shower
facilities..
shower facilities
and handrails
handrails and
facilities
Monitor's
Monitor's Report:
Report :

The
Sheriff provides
provides for
for aa variety
The Sheriff
variety of
of levels
levelsofofhousing
housingfor
forinmates
inmateswho
who have
have physical
physical
thisincludes
includesAcute
Acute Care
Care in
the Medical
Medical Clinic
Chronic Care
disabilities;
in the
Cliniccells
cells;; Chronic
Care in
in the
the
disabilities ; this
I-North or
or 3-South
3-South Medical
Medicalhousing
housingunits
unitsallowing
allowingfor
forgender
genderspecific
specific inmates
inmatesas
as
1-North
determined bybytheir
disability..
determined
theirindividual
individuallevel
levelofofdisability
83 . The
The County
County Defendants
shall
ensure
that
visitation
83.
Defendants
shall
ensure
that
visitationareas
areasare
areaccessible
accessibletotophysically
physically
impaired
appropriate accommodation
accommodation made
totoensure
same
impaired inmates
inmates or
or appropriate
made
ensurethat
that they
they have
have the
the same
access
visitation as
as all
allother
other inmates.
inmates .
access to
to visitation
Monitor's Report:
Report :
Monitor's

The
Sheriff meets
the requirements
requirementsof
ofthis
this section
The Sheriff
meets the
section of
ofthe
theConsent
Consent Decree.
Decree.
L Mentally
Mentally III
L
IllInmates
Inmates
84
84.. The
The Sheriff
Sheriff shall
shallcause
causea amental
mentalhealth
healthscreening
screeningtotobebeconducted
conductedon
oneach
each person
person brought
brought
to
the Jail.
Jail. If
to the
the inmate
inmateisisable
ableto
to identify
identi(v credibly
credibly his
his or
or her
her
Ifduring
during the
the intake
intake assessment,
assessment, the
medication,
clinic
medication,the
theintake
intakenurse
nurseshall
shallrefer
referthe
theinmate
inmatetotothe
themain
main
clinictotoaa physician
physicianorora a
physician's
assistantwho
who will
will continue
continue the
themedications
medications immediately.
immediately . There
physician's assistant
shall be
There shall
be no
no
unreasonable
medication . The
unreasonabledisruption
disruptioninin the
the continuity
continuity of
of medication.
intake
medical
provider
shall
The intake medical provider shall
ask
of information
information so
asl<- each
each inmate
inmateidentifying
identifyingtheir
their medication
medicationtotosign
sign aa release
release of
so that
that
confirmation of
of any
and medication
medicationadministration
administnltionand
andother
otherrelevant
relevant
confirmation
any treatment
treatment and
information
information can
can be
be exchanged
exchangedasassoon
soonasaspossible
possible..

Monitor's Report:
Report:
Monitor's

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court
Court Monitor
Monitor

Page 33 of 46

Page
P
age 778
8 oof91
f 91

The
initial Intake
procedureisis designed
designedtotoidentify
identify those
those inmates
inmates
The initial
Intake medical
medical screening
screening procedure
whoare
arementally
mentallyill
ill.. Each
mentallyill
ill inmate
is then
referred to
health
Each mentally
inmate is
then referred
to the
the mental
mental health
who
staff for
treatment as
as it
it may
be required
required to
to meet
staff
formore
more individual
individual evaluation
evaluation and
and treatment
may be
meet
individual
needs.
individual needs .
•

Emergency referrals
Clinic from
from Intake:
Intake:
Emergency
referralsto
to mental
mentalhealth
health were
wereseen
seenin
in the
the Clinic
March
April- 210210 MayMay
197
March- 251
- 251 April
- -197

TheSheriff
Sheriff is
is in
with this
this section
The
in compliance
compliance with
section of
of the
theConsent
Consent Decree.
Decree .
duties
85.. Defendants
Defendants sshall
full-time
85
hall employ
e mploy aa fu
ll-time board-certified
board-certi tiecd psychiatrist.
psychiatrist . The
T h e psychiatrist's
psyc hiatrist's duties
review tthe
h e prescriptions
prescri ptio ns
limited to,
treatment
shall include,
shall
include, but
b ut not
not be
b e limited
to, evaluating
evaluating trea
tment plans;
plans ; review
provided to
to mental
inmates;; and
thee ccreation,
revision of
of
provided
me n tal health
h ea lth inmates
a nd oversee
oversee th
reation, implementation,
implem e ntat i on, and
a nd revision
pol icies and
and procedures
proced ures addressing
address ing mental
me nta l health
h ealth iinmates.
nmates .
policies
Monitor's Report:
Report:
Monitor's

The
Sheriff is
is in
with this
this section
The Sheriff
incompliance
compliance with
section of
ofthe
theConsent
Consent Decree.
Decree .
86.
courthouse,
86. The
The Sheriff
Sheriff shall
shall provide
provide staff
staff assigned
assigned to
to the
theJail,
Jail,the
the
courthouse,and
and transport
transport duty
duty
with training
training in
withmentally
mentallyill
iU and
mentally
with
in recognizing,
recognizing, responding,
responding, and
and working
working with
and mentally
retarded people
people..
retarded
Monitor's
Monitor's Report:
Report :

The Sheriff
Sheriff is
Decreemandate
mandatebybyproviding
providingindividual
individualinstruction
instruction
The
is meeting
meeting Consent
Consent Decree
to both
both newly
newly hired
as indicated
indicated below:
below :
to
hired officers
officers and
and veteran
veteran staff
staff as
staff-- as
as part
part of
Class, aa block
of
Newlyhired
hiredstaff
Newly
of the
the 80
80 hour
hour Policy
Policy and
and Procedure
Procedure Class,
block of
instruction isisprovided
Health Precautions
Precautions."
instruction
providedon
on"Suicide
"Suicide and
and Mental
Mental Health
."
Veteran
part of
of the
the annual
annual 40
40 hours
hours In-Service
staff -- as
as part
In-Service Class,
Class, aa block
blockof
ofinstruction
instruction
Veteranstaff
is
provided on
on "Mental
"Mental Disorders
is provided
Disorders and
and Suicide
Suicide Precautions
Precautions."
."
There continues
There
continuestoto be
beaa serious
serious delay
delay in
in providing
providingnewly
newlyhired
hiredstaff
staffthe
the required
required
Jail Officer
classes as
as there
list of
classes
there is
is aagrowing
growing list
ofthose
those awaiting
awaiting both
both Jail
Officer Certification
Certification and
and
Policy
and
Procedures
classes.
Policy and Procedures classes .
87
The Sheriff
shall ensure
ensure that
when a amentally
during intake,
87.. The
Sheriff shall
that ,"'rhen
mentallyill
ill inmate
inmateisis identified
identified during
intake, the
the
discharge
dischal-geplanners
plannersatatthe
thejail
jail shall
shall be
be notified
notifiedpromptly.
promptly.

Monitor's Report:
Monitor's
Report :

The initial
initial Intake
procedureisis designed
designedtotoidentify
identify those
those inmates
inmates
The
Intake medical
medical screening
screening procedure
who
whoare
arementally
mentallyill
ill and
and those
those who
whohave
haveother
othermedical
medicalissues
issuesrelated
relatedtoto physical
physical

Case 1:04-cv-01416-MHS

Document 204-2

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Page 34 of 46

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court Monitor
Court
Monitor
Page 79
79 of
of91
Page
91

health.. Each
mentallyill
ill inmate
is then
referred to
to the
health staff
staff for
health
Each mentally
inmate is
then referred
the mental
mental health
for more
more
individual
evaluation
and
treatment
as
it
may
be
required
to
meet
individual
needs.
individual evaluation and treatment as it may be required to meet individual needs .
During
Duringthe
the reporting
reporting period,
period, the
the following
following was
was reported:
reported :
•• Emergency
Emergency
referralstoto mental
mentalhealth
health were
wereseen
seeninin the
the Clinic
Clinic from
Intake::
referrals
from Intake
April- -210210 MayMay
197
March - 251
March
- 251 April
- -197
Newlyadmits
admitsinin the
the Acute
Unit::
•• Newly
Acute Psych
Psych Unit
April83
March - -85 85 April
March
- 83

May
-71
May-71

•• Acute
census :
Acute Psych
PsychUnit
Unit daily
daily census:
March
April- - 24
24
March - -21 21 April

May -- 23
May
23

was :
•• Average
Averagelength
length of
of stay
stay was:
April- 05 05 MayMay
04
March - 04
March
- 04 April
- -04
88.
providingsupport
supportservices
servicestoto mentally
mentallyill
ill and
homelesspeople,
people,such
suchasasSocial
Social
88. Agencies
Agencies providing
and homeless
Administrationand
andthose
thosetrained
trainedininadministering
administeringbenefits,
benefits, shall
shall be
Security Administration
Security
be provided
provided
loeasonable
access
to
inmates
to
determine
their
eligibility
for
public
benefits
and
begin the
the
reasonable access to inmates to determine their eligibility for public benefits and begin
proces~ of
of applying
before they
they are
are released
released..
process
applying before
Monitor's
Report:
Monitor's Report :

All such
such visitors
visitors are
theyrequest
requesttoto
All
are allowed
allowed to
to visit
visitwith
withthose
thoseinmates
inmates with
with whom
whom they
visit; they
as they
visit;
they are
are also
alsoallowed
allowed to
to secure
secure signatures
signatures and
and other
other information
information as
they may
may
require.
They are
encouraged totoseek
require. They
are encouraged
seekother
otherassistance
assistanceshould
shouldtheir
their individual
individual needs
needs
not
not be
be met
met through
throughgeneral
generalororprofessional
professionalvisitation
visitation access
access..
89.. The
89
The Sheriff
Sheriff shall
shallprovide
provide or
orarrange
arrange transportation
transportation for
for mentally
mentally ill
illand
andhomeless
homeless inmates
inmates
are ordered
ordered bbyy the
to enter
reportingororinin- house
housetreatment
treatmentfacilities
facilities..
who are
who
the court
court to
enter day
day reporting
Monitor's
Report :
Monitor's Report:

The
TheSheriff
Sheriff makes
makesany
anyand
andallallrequested
requestedtransports
transportsas
as they
they are
are requested
requested or
or
scheduled to
meet this
requirement of
of the
theConsent
Consent Decree.
Decree . Most
of these
scheduled
to meet
this requirement
Most of
these transport
transport
requests are
are order
order by
by the
the courts
courts or
or otherwise
requestedbybythe
thehealth
healthcare
careservices
services
requests
otherwise requested
vendor.
vendor.
90
ensure that
that court-ordered
court-ordered evaluations
evaluations of
of inmates
inmates for
for competency
competency to
90.. The
TheSheriff
Sheriff shall
shall ensure
to
stand trial,
trial, insanity
of such
such order
order..
stand
insanityororother
otherreasons
reasonsshall
shallbebeconducted
conducted within
within one
one week
week of
Monitor's
Monitor's Report
Report::

This
placed
solely
This requirement
requirementshould
shouldnot
nothave
havebeen
been
placed
solelyononthe
theresponsibility
responsibilityof
ofthe
the
Sheriff
When the
the
Sheriff.. When
the Fulton
FultonCounty
Countycourts
courtsorder
orderevaluations,
evaluations,they
theyfall
fall within
within the

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Monitor

Page 35 of 46

Page 80
80 of
of91
Page
91

prevue and
thethe
Georgia
Department
of of
Human
prevue
and responsibility
responsibilityofof
Georgia
Department
HumanResources
Resources(GDHR)
(GDHR)
and are
are carried
carried out
out as
as per
that department
departmentofofthe
thestate
state of
of
and
per the
the operating
operating procedures
procedures ofofthat
Georgia. All
are then
then carried
carried out
out only
only after
after aa series
Georgia.
All such
such evaluations
evaluations are
series of
of requirements
requirements
among them
are
thethe
GDHR;
them are
are::
are met
met by
by the
the staff
staffofof
GDHR ; among
GDHR
must
have
a certified copy
copyof
of the
the Consent
•• GDHR
must
have
a certified
Consent Decree
Decree
•• GDHR
must
have
a copy
of of
the
Report
GDHR
must
have
a copy
theArrest
ArrestIncident
Incident Report
must
havehave
a certified
ofof
the
GDHR
must
a certifiedcopy
copy
theindictment
indictmentororaccusation
accusationof
ofthe
the
•• GDHR
related charges
related
charges
91.
Sheriff and
and the
the Fulton
Fulton County
CountyDefendants
Defendants
shallensure
ensurethat
thatmentally
mentallyill
ill inmates
inmates
The Sheriff
shall
91 . The
found incompetent
incompetenttotostand
standtrial
trial but
but remaining
at the
the .Tail
.Jail awaiting
found
remaining at
awaiting transfer
transfer to
toGeorgia
Georgia
Regional
Hospital
shall
be
reviewed
each
month
to
determine
whether
competency
has been
been
Regional Hospital shall be reviewed each month to determine whether competency has
regained or
or other
maybe
be located
located..
regained
other placement
placement may
Monitor's
Report:
Monitor's Report :

The Auditor
Auditor recently
recently met
with Glen
Glen JJ.. Egan,
of
The
met with
Egan, Ph.
Ph . D.
D . of
ofthe
theGeorgia
GeorgiaDepartment
Department of
Human
Resources
efforttotoassist
assist in
in gathering
specific information
Human
Resources
in in
an an
effort
gathering more
more specific
information
related to
Court System
Systemtotobebe
related
tothose
thoseinmates
inmates being
being ordered
ordered by
by the
the Fulton
Fulton County
County Court
utilizingthe
the Tiburon
TiburonJail
Jail
evaluated.. These
inmatescan
canbebetracked
trackedbybyway
way
evaluated
These inmates
ofof
utilizing
Management
System's
"event
tracking"data
dataentry
entryopportunities
opportunities and
include
Management
System's
"event
tracking"
and would
would include
separate
Hospital and
Regional Hospital
Hospital
separate tracking
trackingfor
forGrady
GradyMemorial
Memorial Hospital
and Georgia
Georgia Regional
evaluations
evaluations..
Some ofofthe
the major
major impediments
impedimentsidentified
identified by
by Dr.
Dr .Egan:
Egan :
Some
•• the
absence of
safe and
and secure
secure location
location where
where these
the absence
ofaa specific,
specific, safe
these evaluations
evaluations can
can
be accomplished
accomplished
be
both security
security escort
escort and
the lack
•• the
lack of
of dedicated
dedicated security
security staff
staffwho
who can
can provide
provide both
and
of the
the inmate
inmate during
duringthe
the actual
actual evaluations
evaluations
custody control
control of
custody
•• the
the lack
lack of
of understanding,
understanding, concern
concernand
andintent
intenttotocorrect
correctthese
these long
longexisting
existing
impediments
impediments

The Auditor
Auditoris
is working
very closely
closely with
Herron(Sheriff's
(Sheriff s
The
working very
with Dr.
Dr . Egan,
Egan, George
George Herron
Medical
discuss and
and develop
develop plans
MedicalServices
ServicesDirector),
Director),and
andJail
Jail leadership
leadership to
to identify,
identify, discuss
plans
of action
action to
toresolve
resolveeach
each of
ofthese
theseimpediments.
impediments .
of
92
92.. The
Thesheriff
Sheriffshall
shan provide
providetotothe
thecourts
courtseach
eachweek
week
a listofofinmates
inmatesthetheJail
Jailstaff
staffhas
has
a list
identified as
as having
having substantial
substantiat mental
mental health
identified
health issues
issues.. This
This list
listwill
willbebedistributed
distributed to
to Public
Public
Defenders, Superior
other
parties
in making
making
llefenders,
SuperiorCourt
CourtExpeditors,
Expeditors,and
andany
any
other
partiesnecessary
necessarytotoassist
assist in
appropriate
forfor
disposal
ofof
their
appropriate recommendations
recommendations
disposal
theircases
cases..

Monitor's
Monitor's Report:
Report :

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Monitor

Page 36 of 46

Page 81
81 of
of91
Page
91

The Sheriff
Sheriffis
is providing
weeklylist
list of
whoare
areidentified
identified as
as having
The
providing aa weekly
of those
those inmates
inmates who
having
is
being
provided
electronically
to
the
substantial
mental
health
issues.
This
list
.
This
list
is
being
provided
electronically
to
the
substantial mental health issues
Public Defenders,
Defenders, Superior
SuperiorCourt
CourtExpeditors,
Expeditors,and
andother
otherparties
parties of
Public
of the
the Consent
Consent
Decree.
The
Auditor
has
requested
that
the
Sheriff
begin
to
provide
additional
Decree. The Auditor has requested that the Sheriff begin to provide additional
information
that can
can provide
providemore
moredirect
directindication
indicationofofthe
the individual
individual level
level of
information that
of
treatment of
ofeach
eachinmate
inmatethat
thatisis being
beinglisted
listed..
treatment
M. Safety
M.
Safetyand
andEmergency
Emergency Procedures
Procedures
93.
emergency policies
93. ComprehensiYe
Comprehensive emergency
policiesand
andprocedures
proceduresconforming
conforming to
toNational
NationalCommission
Commission
on Correctional
Healthcare ("'NCCHC")
American Correctional
Correctional Association
guidelines
on
Correctional Healthcare
("NCCHC") and
and American
Association guidelines
Sheriff. The
The emergency
ies and
and procedures
shall
by the
the Sheriff.
emergenc)" polic
policies
procedures
shall be
bedeveloped
developedand
and implemented
implemented by
weather,
shall provide
appropriate response
response to
to any
medical,fire,
fire, severe
seyere weather,
shall
provide for
forimmediate
immediate and
and appropriate
an y medical,
riot, or
emergency that
arise, and
for drills
drills at
at least
least ttwice
riot,
or other
other unforeseen
unforeseen emergency
that could
could arise,
and provide
pro v ide for
w ice aa
year.
The comprehensive
comprehensiveemergency
emergency
policies
policiesand
andprocedures
procedures
shall
shallbebeinin writing
writing and
and made
made aa
year . 'The
Manual. Plaintiffs'
part
Bureau
and
Plaintiffs'
part of
of the
theJail
Jail
BureauPolicies
Policies
andProcedures
ProceduresStandard
Standard Operations
Operations Manual.
and
counsel shall
provided an
opportunity to
to review
review and
and comment
on the
the policies
policies and
counsel
shall be
be provided
an opportunity
comment on
procedures
priortoto their
their final
final adoption.
procedures prior
adoption .
Monitor's Report:
Monitor's
Report :

The
must implement
implement procedures
The Sheriff
Sheriff must
proceduresand
andmeasurements
measurementstools
toolsbybywhich
whichthis
this
Consent
Decree mandate
mandate can
can be
be met.
Consent Decree
met .
94.
that all
all uniformed
staff at
at the
use
94. The
The Sheriff
Sheriff shall
shall ensure
ensure that
uniformed staff
the .Jail
Jail are
are trained
trained in
in the
the proper
proper use
of
in the
usc of
of fire
shall include
include
of fire
firesafety
safetyequipment.
equipment. Training
Training in
the proper
proper use
fire safe!)'
safetyequipment
equipment shall
quarterly
retraining.. All
quarterly retraining
Allstaff
stafftraining
trainingand
and re-training
re-training in
in the
the use
use of
offire
firesafety
safetyequipment
equipment
shall
andmaintained
maintainedatatthe
the Jail.
Jail.
shall he
hedocumented
documented and
Monitor's Report
Report::
Monitor's

The
Sheriff must
procedures and
and measurements
measurementstools
toolsbybywhich
whichthis
this
The Sheriff
must implement
implement procedures
Consent
mandate can
can be
be met.
Consent Decree
Decree mandate
met .
95. The
The Count,,Defendants shall
doors in
the Jail
Jail shaH
shallbe
bemaintained
maintained in
95.
County Defendants
shanensure
ensurethat
thatall
aH fire
fire doors
in the
in
good 'working
working order.
Allemergency
emergency equipment
equipment shall
be maintained
maintained in
in good
good working
working order.
order .
good
order. AH
shaH be
Monitor's Report:
Monitor's
Report :

The
must implement
implement procedures
The Sheriff
Sheriff must
proceduresand
andmeasurements
measurementstools
toolsbybywhich
whichthis
this
Consent
met.
Consent Decree
Decree mandate
mandate can
can be
be met.
96
96.. The
Sheriff shaH
staff and
medicalstaff
staffshall
shaH be
be
The Sheriff
shall ensure
ensure that
that all
alluniformed
uniformed staff
and contracted
contracted medical
trained
administering CPR,
devices
trained in
in administering
CPR,and
andappropriate
appropriate
devicestotoprevent
preventthe
thespread
spreadofofdisease
diseaseshall
shaH
available on
on each
eachfloor
floor in
in case
be
be made
made available
case of
ofemergency.
emergency .

Monitor's
Report :
Monitor's Report:

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Page 37 of 46

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court Monitor
Court
Monitor
Page 82
82 of
of91
Page
91

The
Sheriff must
procedures and
andmeasurements
measurementstools
toolsbybywhich
whichthis
this
The Sheriff
must implement
implement procedures
Consent Decree
can be
Consent
Decree mandate
mandate can
be met.
met.
The Sheriff
shall ensure
ensure that
that the
the Jail
Jailfire
firesystem
systemand
and equipment
equipment shall
97.. The
Sheriff shall
shallbe
betested
tested quarterly
quarterly..
97
All
The Jail
Jail fire
shall be
The
firesystem
systemand
and equipment
equipment shall
be inspected
inspectedand
and maintained
maintained annually.
annually . All
Allsprinkler
sprinkler heads
heads
inspections and
andmaintained
maintainedatatthe
theJail
Jail.. All
inspections
and findings
findings shall
shallbe
bedocumented
documented and
All
in the
in
the Jail
Jail shall
shallbebechecked
checked periodically
periodically to
to ensure
ensure that
that they
they are
are clean
clean of
of any
any debris.
debris . All
sprinkler
sprinkler heads
heads shall
shallbe
bemaintained
maintained in
ingood
good ,,,orliing
working order.
order .
Monitor's Report
Monitor's
Report

The Sheriff
must implement
implement procedures
The
Sheriff must
procedures and
and measurements
measurementstools
toolsbybywhich
whichthis
this
Consent
can be
Consent Decree
Decree mandate
mandate can
be met.
met.
98.
Defendants
shallensure
ensure
that
electricaloutlet
outletthat
thatis
is located
located within
98. The
The county
county Defendants
shall
that
anyany
electrical
within
twenty-four
(24) inches
inches of
twenty-four (24)
of aa sink
sinkor
orsource
sourceofofrunning
runningwater
water shall
shallbebeequipped
equipped with
with aa ground
ground
fault
fromelectrical
electricalcircuit
circuit..
fault circuit
circuit interrupter
interrupter or
or disconnected
disconnected from
Monitor's
Report :
Monitor's Report:

TheMonitor
Monitorwill
willreport
reportononthis
thisissue
issueinin aa future
future report.
The
report.
99.
The Defendants
Defendants shall
day rooms
99. The
shall ensure
ensurethat
that telephones
telephoneslocated
located in
in the
the day
roomsofofthe
the dorms
dormsshall
shall
be
maintained in
good working
working order
be maintained
in good
order..
Monitor's
Report :
Monitor's Report:

There
time repair
repair technician
technician assigned
assigned by
by the
the telephone
telephone
Thereisis an
an on-site
on-site full
full time
byatat the
the Jail
Jail by
service company
vendorwho
who
provides
thetelephone
telephoneservice
serviceto
to the
the inmate
service
company vendor
provides
the
inmate
population
There is
is aaconstant
constant requirement
requirement for
repair and
and replace
replace inmate
inmate telephones
telephones
population.. There
for repair
as
the inmate
inmate population
population subjects
subjects them
them the
the almost
almost constant
constantuse
useand
andaatremendous
tremendous
as the
level
level of
of physical
physical abuse.
abuse .

There are
are several
several telephone
telephone issues
issues related
related only
are being
being
There
only to
to those
those inmates
inmates who
who are
outsourced
especiallythose
thoseinin
AlpharettaAnnex
Annex and
and the
the South
South
outsourcedinin other
other facilities,
facilities, especially
thethe
Alpharetta
GeorgiaJails
Jails..
Georgia
Alpharetta
Annex Alpharetta Annex
- The
telephonesystem
system
thefacility
facility is
that
The telephone
atatthe
is not
not the
thesame
same vendor
vendor that
provides
the main
main Jail,
Jail,Bellwood,
Bellwood, and
and Marietta
Marietta Blvd.
Blvd . Annexes.
provides services
services for
for the
Annexes . Inmates
Inmates
at
the Alpharetta
Alpharetta Annex
Annex are
at the
areforced
forcedtoto pay
payaahigher
highertelephone
telephoneservice
servicerate
rate than
than those
those
at
the main
main Jail
at the
Jail.. As
calls cost
as
As the
the result,
result,the
theAlpharetta
AlpharettaAnnex
Annex calls
cost about
about $5.50
$5 .50 each
each as
compared
.70 at
at the
themain
main Jail,
Jail,oror1000/0
100% more.
more . There
is also
ability for
for the
comparedto
to $2
$2.70
There is
also no
no ability
the
Alpharetta inmates
anyone using
telephones other
than
Alpharetta
inmatestoto call
call anyone
usingcell
cell or
or land
land line
line telephones
other than
AT&T/BellSouth/Cingular service
AT&T/BellSouthiCingular
service.. Those
inmates and
andtheir
their families
are using
using
Those inmates
families who
who are
providers
MCI, Metro,
providers such
such as
as Sprint,
Sprint, MCI,
Metro,Internet
Internet Providers,
Providers, and
and other
other smaller
smaller services
services
can not
not receive
receive telephone
telephone calls
callsfrom
fromAlpharetta
AlpharettaAnnex
Annex inmates
can
inmates..

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Page 38 of 46

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Monitor
Page
83 of
of9!
Page 83
91

Outsourced Inmates
Inmates - South
GeorgiaJails
Jails -- Those
inmatesthat
that are
are being
at
Those inmates
being housed
housed at
Outsourced
South Georgia
Cook
County,Decatur
DecaturCounty
County
Pelham
Jailsare
arealso
also required
required to
to pay
Cook County,
andand
Pelham
CityCity
Jails
pay more
more
for
to their
at the
the main
mainJail
Jail
for the
the calls
callsthat
thatthey
theymake
make to
their families
families and
and friends
friends than
than inmates
inmates at
Complex.
facility is
are required
requiredtoto
As each
each facility
is located
located in
in rural
ruralGeorgia,
Georgia, the
the inmates
inmates are
Complex. As
utilizelong
long distance
distance service
servicetotocall
callback
backtotoFulton
FultonCounty
County and
and the
the Metro
Metro Atlanta
utilize
Atlanta
each and
and are
also limited
limited to
to 15-20
15-20 minutes
minutes per
Areas.
are also
per
Areas .These
These calls
calls are
areabove
above $10.00
$10 .00 each
call. This
and their
their families/loved
call.
This places
places additional
additional hardship
hardship on
on the
the inmates
inmates and
families/loved ones
ones
As of
of the
the date
date of
this statement,
statement,
of this
that Main
inmates do
do not
not have.
that
Main Jail
JailComplex
Complex inmates
have . As
6/19/2008there
there are
are 155
155 inmates
inmateshoused
housedbetween
between
threeSouth
SouthGeorgia
Georgia
facilities..
6/19/2008
thethethree
facilities
The Sheriff
Sheri ff shall
shall ensure
en s ure that
that recorded
recorded images
images of
shall be
be kept
kept for
100.
of what
what occurs
occursin
in the
the jail
jail shall
for
100 . The
at least
before the
they are
are recorded
recorded is
is reused.
inmate that
that
pit
lea s t 10
10 days
day's before
themedium
medium upon
upon which
which they
reused . Any
An y inmate
sustains
injUl'~' while
bebephotographed
to the
the
sustains an
a n injury
w h i le incarcerated
incarcerated at
at the
the Jail
Jailshall
shall
photographed pursuant
pursuant to
Photographing Inmates
Poliq attached
Photographing
Inmates Policy
attached hereto
hereto at
atAppendix
Appendix E.
E.
Monitor's Report
Report::
Monitor's

There
is serious
ofaa strategy
strategy and
fundstoto
There is
serious need
need for
for the
the development
development of
and procurement
procurement ofoffunds
make
on on
cameras,
tape
recorders,
makerepairs
repairs and
and improvements
improvements
cameras,
tape
recorders,and
andthe
theoverall
overall
The current
Video Taping
TapingSystem
Systematatthe
the Main
MainJail
Jail.. The
current
operations
operations of
of the
theCamera
Camera and
and Video
cameras
continuetotofail
fail and
are in
cameras continue
and are
in serious
seriousneed
need of
ofreplacement.
replacement . The
The taping
taping system
system
computers continue
andand
continue
to tolose
computers
continuetotobreak
breakdown
down
continue
losedigital
digital video
video images
imagesrather
rather
than maintain
maintain the
recording as
as required
required by
by the
the Consent
Consent Decree.
Decree . Currently,
Currently, at
than
the recording
at least
least
one taping
computer is
non-functional .
one
taping computer
is non-functional.
Sheriff soffice
office
Main
Jail camera
cameraand
andrecording
recordingsystem
system
- recentdata
dataprovided
provided
Main Jail
- recent
byby
thetheSheriff's
indicates that
that of
of the
the251
251 cameras
cameras for
for the
the main
mainJail
Jail taping
taping system
systemindicated
indicatedthe
the
indicates
following:
following :
•• 31
images, thus
thus making
making them
31 (12%)
(120/0)ofofthe
the cameras
camerasare
are not
not providing
providing clear
clear images,
them
useless
useless;; 29
29 of
ofthese
thesecameras
cameras are
areininHousing
HousingAreas
Areas and
and the
theTowers
Towers
•• 10
of the
the cameras
are not
not capturing
as required
required by
the Consent
10 (5%)
(5%) of
cameras are
capturing images
images as
by the
Consent
Decree
Decree;; 88 of
ofthese
thesecameras
cameras are
areininHousing
Housing Areas
Areas and
and the
the Towers
Towers
•• 37
cameras are
functioning as
asmandated
mandated by
by the
the Consent
Consent
(1 7%)of
ofthe
the cameras
are not
not functioning
37 (17%)
Decree..
Decree
Intake
and Kitchen
Kitchen Camera
Camera and
- -the
Intake and
andRecording
RecordingSystem
System
themost
mostrecent
recentreport
report from
from the
the
Sheriff's
office staff
staffindicates
indicatesthat
thatofofthe
the4949cameras
cameras in
in the
the system,
system, 30%
30% are
Sheriff s office
areinin
serious disrepair
serious
disrepair..
•• 13
(26 .5%) of
the cameras
cameras are
providing images
13 (26.5%)
of the
are not
not providing
imagesfor
for recording
recording;; all
all are
are in
in
inmate movement
movement holding
inmate
holdingareas
areas

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Page 39 of 46

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Monitor
Page
84 of
of91
Page 84
91

•• one
cameraisis providing
providingananimage
image
thatisisblurred
blurredbut
butis
is being
being recorded
recordedbybythe
the
one camera
that
taping system
taping
system
•• 14
14 (27%)
of the
the cameras
are not
(27%) of
cameras are
not functioning
functioning as
asmandated
mandated by
by the
the Consent
Consent
Decree
Decree
N.
N. Inmate
Inmate Grievance
Grievance Procedure
Procedure
101.
Sheriff
shall
maintain
at the
the Jail.
Jail. Upon
admissiontotothe
theJail,
Jail,
101 . The
"I' he
Sheriff
shall
maintaina agrievance
grievance procedure
procedure at
Upon admission
inmates shall
shall receive
or other
describingthe
the grievance
grievance
inmates
receivethe
theinmate
inmatehandbook
handbook or
other document
document describing
andproviding
providingatatleast
least one
or other
other document
shall
p."ocedureand
procedure
one grie,'ance
grievance form.
form . The
The handbook
handbook or
document shall
obtain additional
additional forms,
forms, how
to complete
the forms,
submission
inform inmates
inmates how
howtotoobtain
inform
how to
complete the
forms, and
and submission
of the
and posted
postedin
in
of
the forms.
forms . This
This information
information shall
shall also
alsobe
beset
setout
outonona laminated
a laminateddocument
document and
each
of the
the cellblocks
cellblock>; housing
housingunits
unitsininthe
theJail
Jail..
each of
Monitor's
Monitor's Report:
Report :

Duringthe
the reporting
reporting period,
an
During
period, the
theGrievance
Grievance Office's
Office'sweekly
weekly reports
reports have
have shown
shown an
inordinate number
inmateallegations
allegationsofofmistreatment,
mistreatment,verbal
verbalabuse,
abuse,and
andstaff
staff
inordinate
number ofofinmate
negligence towards
towards the
the inmate
population.. Although
theseare
areinitial
initial allegations
negligence
inmate population
Although these
allegations
of
such
grievances,
the
seriousness
these
being
made
by
inmates,
the
volume
being made by inmates, the volume of such grievances, the seriousness ofofthese
allegations (especially
(especially if
if they
are determined
closetotothe
thetruth)
truth) indicates
indicatesthat
that
allegations
they are
determined totobebeclose
staffmembers
members may
may not
staff
mayrequire
requireadditional
additionaltraining,
training, may
not be
be being
being properly
properly
supervised,
andthat
that their
their staff
staff actions
showlittle
little regard
regard for
for inmate
inmaterights
rights or
or
supervised, and
actions may
may show
professional behavior
behaviorand
andresponsibilities
responsibilities.. The
professional
The report
report listed
listedthe
thefollowing
following grievance
grievance
information :
information:
91 grievances
grievances reported
reported
•∎ 91

June 10,
10, 2008
June
2008

∎• 54
negligence
54 involved
involvedunfair
unfair treatment,
treatment, verbal
verbal abuse,
abuse, or
or staff
staff negligence
∎• 14
involved medical
14 involved
medical treatment
treatment issues
issues
∎• 12
12 involved
involved policy
and procedures
policy and
procedures issues
issues
∎• 11
involved maintenance,
11 involved
maintenance,funds
fundsaccount,
account,diets,
diets, and
andrelated
related issues
issues

59.4%
59.4%
15.4%
15 .4%
13 .2%
13.2%
12%
12%

102 . Grievance
Grievance forms
h a ll be
be available
to inm
102.
forms sshall
inmates
times. Inmates
shall receive
ava il a bl e to
ates at
at all
all times.
Inmates shall
receive aa
duplicate copy
h eir grievance
forms at
duplicate
ofttheir
timee of
of ttheir
submission. All
grievances sshall
copy of
gri evance forms
a t the
th e tim
heir submission.
All grievances
hall
be administered
adm inistered and
and responded
n accordance
accorda nce with
il
be
responded ttoo iin
the
Jail
Bureau
Policies
and
wi th th e Ja Burea u P olicies and
Proced ures Standard
S tandard Operations
Ope rations Manual,
Ma nual, No:
No : 11900-08.
9 00- 0 8.
Procedures
Monitor's
Monit or's Report:
Report:

The
Monitorhas
hasmade
made
several
appeals
Sheriff'sstaff
staff to
to work
out aa process
The Monitor
several
appeals
to to
thetheSheriff's
work out
process
through which
whichinmates
inmatescan
canbebeprovided
providedgrievance
grievanceforms
formsinin aa prompt
promptand
anddecisive
decisive
through
manner
ofthe
the issuance
manner..That
That process
process should
should provide
provide adequate
adequate documentation
documentation of
issuance of
of
grievance
requirements of
section can
can be
be met.
met . As
As of
report,
grievance forms
formssosothat
that the
the requirements
ofthis
this section
of this
this report,

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court Monitor
Court
Monitor

Page 40 of 46

Page 85
85 of
of91
Page
91

no
action has
taken by
by the
the Sheriff
Sheriff to
no action
has been
been taken
to meet
meet this
this requirement
requirement of
of the
the Consent
Consent
Decree.
Decree.
V.
V. Monitor
Monitor

103.
subject to
thee Jail
Jail at
at
parti es sshall
hall select
select aa monitor
monitor subject
to aapproval
ppr ova l by
by tthe
he Court
Court to
to inspect
inspect th
103 . The
T he parties
least
provide aa re
report
and the
the parties.
parties. If
the parties
least once
once aa quarter
q uarter and
a nd provide
port to
to the
the Court
Court and
If the
parties are
are
unable
to
agree
on
a
monitor
within
30
days
of
the
entering
of
this
order,
the
parties
each
una ble to agree on a mo nitor with in 30 days of the e ntering of this order, the pa rties will
wi ll eac
h
submit
to the
the Court
namesof
of three
three ssuggested
the Court
submit to
Court tthe
he names
uggested monitors,
monit ors, and
and the
Court will
wi ll select
select aa
monitor.
monitor .
Monitor's
Monitor's Report:
Report :

With
the appointment
appointmentofofthe
thenew
newMonitor,
Monitor,
wasagreed
agreed
allparties
parties and
and the
the
With the
it itwas
totobybyall
court
visit Fulton
at least
least once
as
court that
that the
theMonitor
Monitor would
would visit
Fulton County
County at
once aa month.
month . However,
However, as
of
Monitor
of this
thisreport,
report,thethe
Monitorwill
willbegin
begincomplying
complying with
with the
themandate
mandate of
of the
the Consent
Consent
Decreethat
that requires
requires quarterly
quarterly visits
visits for
Decree
for2424hours
hourstotoFulton
FultonCounty.
County . All
All other
other
stipulations of
stipulations
of section
sectionV,
V, 103
103 are
are in
incompliance.
compliance .
ludin g minutes,
minutes, reports,
repo rts, and
an d
104.
access to
to aany
(including
104 . The
T he Monitor
Monitor sshall
hall have
have access
ny aand
nd aall
ll documents
docume nts (inc
nd other
o th er in
as he
or she
deems
other
members, and
information,
he or
she deems
other documents),
docume n ts), Jail
Jail staff,
staff, class
class members,
and aany
fo rmation, as
necessary
Court wi
th reports
on the
with
reports on
the Jail.
Jail.
necessary to
to provide
provide th
thee Court
Monitor's
Monitor's Report
Report::

Withthe
the appointment
appointmentofofthe
thenew
newMonitor,
Monitor,
wasagreed
agreed
parties and
and the
the
With
it itwas
to tobybyallallparties
court
that the
themonitor
monitor would
would visit
Fulton County
County at
once aa month
month for
periods
court that
visit Fulton
at least
least once
for periods
as of
of this
longer than
longer
than 24
24 hours.
hours .However,
However, as
this report,
report,the
theMonitor
Monitorwill
willbegin
begincomplying
complying
with
the
Consent
Decree
on
visiting
Fulton
County
Quarterly
for
24
hours
duration..
with the Consent Decree on visiting Fulton County Quarterly for 24 hours duration
All
All other
other stipulations
stipulations in
inSection
Section V,
V, 105
105 are
are in
incompliance.
compliance .
105.
The Sheriff
Sheriff and
and the
the Fulton
Fulton County
CountyDefendants
Defendants
shallensure
ensurethe
theMonitor
Monitorshall
shallbe
bepaid
paidbbyy
105 . The
shall
Countydefendants
defendantsatataarate
rate of
of $90
per hour,
hour, including
includingfor
for travel
travel time
time (not
(not to
to exceed
Fulton County
Fulton
$90 per
exceed
eachway),
way),for
forinspection
inspectionofofthe
thejail
jail (not
hoursper
pervisit)
visit) and
for
five hours
five
hours each
(not to
to exceed
exceed 24
24 hours
and for
writing
to exceed
exceed 10
writing aa report
report (not
(not to
hours for
for each
report) and
reasonable expenses,
expenses, or
or such
such
10 hours
each report)
and reasonable
amounts
andfor
forsuch
suchtime
timeperiods
periodsasasthe
theFulton
FultonCounty
County
defendants
plaintiffsshall
shall
amounts and
defendants
andand
plaintiffs
mutually
mutually agree
agree are
are reasonable
reasonable.. The
Monitor'svisits
visits shall
The Monitor's
shall be
be quarterly.
quarterly. If
Ifthe
theMonitor
NIonitor
identifies
the need
need for
for additional
additional specialists
or experts
experts to
to assist
assistthe
theMonitor
Monitor in
in discharging
discharging his
identifies the
specialists or
his
or
under the
the parties
parties of
ofthe
theneed
need and
and reasons.
reasons . If
or her
her duties
duties under
the Order,
Order,heheororshe
sheshall
shall notify
notify the
If
the
parties are
are unable
unable to
toreach
reachan
anagreement
agreement concerning
concerning the
the parties
the Monitors
Monitorsrequest
requestfor
for additional
additional
assistance,
the request
request shall
shall be
besubmitted
submitted to
to the
the Court.
Court .
assistance, the
Monitor's
Report :
Monitor's Report:

Withthe
the appointment
appointmentofofthe
thenew
newMonitor,
Monitor,
wasagreed
agreed
parties and
and the
the
With
it itwas
to tobyby
allallparties
court that
that the
themonitor
monitor would
would visit
Fulton County
County at
once aa month
month for
periods
court
visit Fulton
at least
least once
for periods
longer
than 24
24 hours.
hours .All
Allother
other stipulations
stipulationsininSection
SectionV,V,105
105 are
are inincompliance.
compliance .
longer than

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Page 41 of 46

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Monitor
Page
86 of
of91
Page 86
91

VI.
VI . Class
Class Certification
Certification
finds that
that this
as
106.
106 . Parties
Parties stipulate
stipulatetotoand
andthe
theCourt
Court hereby
hereby finds
this action
action isisproperly
properly maintained
maintained as
plaintiff class
allall
inmates
who
aa class
class action.
action . The
The plaintiff
classisishereby
herebycertified
certifiedasasconsisting
consistingofof
inmates
whohave
have been
been
since the
the date
date of
the tiling
tiling of
ofthe
theComplaint
Complaint inin this
are now,
now, or
the future
future be
since
of the
this action,
action, are
orwill
,\-'iIl in
in the
be
incarcerated at
at the
.Jail in
in Atlanta,
incarcerated
the Fulton
Fulton County
County Jail
Atlanta, Geor~ia.
Georgia .
Monitor's
Report:
Monitor's Report :

The Sheriff
Sheriff is
is in
with this
this section
The
in compliance
compliance with
section of
ofthe
theConsent
Consent Decree.
Decree .
of Relief;
VVII.
Il . Scope
Scope of
Relief; Impact
Impact
The parties,
parties,with
with the
theexception
exception of
ofthe
theState
StateDefendants,
Defendants, agree
agree and
and stipulate,
stipulate,based
based upon
upon
107.. The
107
the
record, and
finds,
that
thethe
prospective
relief
set
the entire
entire record,
andthe
theCourt
Courthereby
hereby
finds,
that
prospective
relief
setforth
forthininthis
this
ConsentOrder
Orderisis narrowly
narrowlydrawn,
drawn,extends
extendsnonofurther
furtherthan
thannecessary
necessarytotocorrect
correct the
the
Consent
violations of
of the
to correct
correct
violations
the plaintiffs'
plaintiffs'federal
federal rights,
rights,and
and isisthe
theleast
leastintrusive
intrusivemeans
means necessary
necessary to
these violations.
parties, with
of the
a~reeand
andstipulate,
stipulate,
these
violations . The
The parties,
with the
the exception
exception of
the State
State Defendants,
Defendants, agree
and
the Court
herebyfinds
finds that
that this
this Consent
will not
on the
the
and the
Court hereby
Consent Order
Order will
not have
have an
an adverse
adverse impact
impact on
of the
the criminal
criminal justice
justice system.
agree that
that
public
safety or
public safety
or the
the operation
operation of
system . The
The State
State Defendants
Defendants agree
paragraph21,
21,the
the only
only one
one placing
placin~ duties
duties upon
upon the
the State
State Defendants,
extends no
no further
further than
than
paragraph
Defendants, extends
necessarytotocorrect
correctthe
theviolations
violationsofofthe
theplaintiffs'
plaintiffs' federal
rights, isisthe
necessarv
federal rights,
theleast
leastintrusive
intrusivemeans
means
correct these
these violations,
violations, and
impactononthe
thepublic
publicsafety
safety
necessary to
to correct
necessary
and will
will not
not have
have an
an adverse
adverse impact
or
of the
the parties,
parties, with
of
or the
the operation
operation of
the criminal
criminal ,justice
j ustice system.
system . Accordin~ly,
Accordingly, the
with the
the exception
exception of
the State
agree and
andstipulate,
stipulate, and
the Court
finds, that
the
State Defendants,
Defendants, agree
and the
Court finds,
that this
thisConsent
Consent Order
Order
complies
in all
all respects
the provisions
of 18
18 U
U.S.c.
is not
complies in
respects with
with the
provisions of
.S.C . 3626(a).
3626(a) . This
This Consent
Consent Order
Order is
not
intended
to have
haveany
anypreclusive
preclusiveeffect
effect except
exceptbetween
betweenthe
theparties
partiesininthis
this action
action.. This
intended to
This Consent
Consent
Order
docsnot
notresolve,
resolve, adjudicate,
adjudicate, or
or bar
bar the
the damages
claimsofofany
anyformer,
former,present,
present,oror
Order does
damages claims

future
future class
classmembers.
members.
Monitor's Report:
Report :
Monitor's

All
All parties
partiescontinue
continue totobebeinincompliance
compliance with
with the
theConsent
Consent Decree.
Decree .
VIII.
Modification and
VIIL Modification
and Enforcement
Enforcement
108.. The
TheCourt
Courtshall
shallretain
retain jurisdiction
jurisdiction to
to enforce
the terms
ofthis
as provided
108
enforce the
terms of
this Order
Order as
provided bby
y
law .
law.
Monitor's Report:
Report :
Monitor's

Compliance with
Monitor .
Compliance
withthe
the Consent
ConsentDecree
Decreeisis maintained
maintained through
through the
the Monitor.
1U9
The Sheriff
S h eriff and
a nd his
his staff
staff sshall
h a ll prov
ide aa copy
cop y of
of this
Co nse nt Order
109.. The
provide
this Consent
oftheir
Ord e r ttoo all
a ll of
thei r agents,
agents,
represe
nta
ti
ves,
a
n
l
emp oyees iin
n an
yway
ecte d w
i t h the
th e custody
c u sto dy ooff cclass
l ass members.
representatives, andd employees
~lDY
way conn
connected
with
me mbe r s . At
At
l east three
least
thl'ee copies
copies of
of thi
thiss a~reement
maintained
in the
agreeme n t sshall
h a ll be
be m
a in ta in ed in
th e Jail's
Jail 's library.
li b rary . Inmates
Inm ates who
wh o
have questio
n s about
abo u t th
provisions of
of this
t his Consent
thee provisions
Order
shall
plaintiffs'
have
questions
Co n se n t O
rd er sh
a ll be
b e rreferred
e ferred tto
o pla
intiffs'
co
un sel by
b~~ providing
pr ov idin g th
n am es, telephone
t e l e phon e numb
e r and
thee names,
number
of counsel.
counsel
and address
addr ess of
coun sel .

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Seventh Quarterly
Reportt of
of tthe
Seventh
Quarterly Repor
he
Court Monitor
Monitor
Court

Page 42 of 46

Page87
87 of
of91
Page
91

Monitor's
Report::
Monitor
's Report

Since this
this issue
broughttoto the
the attention
attention of
of the
to provide
Since
issue was
was brought
the Sheriff,
Sheriff, he
he has
has begun
begun to
provide
of
the
Consent
Decree
to
new
detention
staff
in
the
various
classes
being
copies
copies of the Consent Decree to new detention staff in the various classes being
provided
Jail staff
staff.. The
Sheriff is
is in
withall
all other
other stipulations
stipulations in
in item
The Sheriff
incompliance
compliance with
item
provided totoJail
109.
109 .
Plaintiffs'
shall
continue
have reasonable
reasonable access
to cclass
documents
tinu e to
to have
access to
lass members,
members, documents
1Ito.
l0
. P
lain tiffs' counsel
cou nse l sh
a ll con
maintained
.Jaill and
and th
thee Jail
Jail facility,
facility, including
unannounced,
walkthrough
th e Jai
includ ing un
announ ce d, escorted
esco rted «-alkth
rough
mai
ntained aatt the
visits
of
the
Jail
on
a
quarterly
basis.
Plaintiffs'
counsel
shall
also
be
permitted
th
ail
on
arterly
basis
.
Plaint
iffs'
counsel
s
hall
also
be
per
mitted
visits of e J
a qu
communication
defendantsdirectly,
directly, including
including their
their agents
in order
order to
to
agents and
a nd eemployees,
mpl oyees, in
co
mmunica tion l"ith
w ith defendants
monitor compliance
compliance with
with tthe
monitor
he terms
terms of
o f the
th e Consent
Consent Order.
Ord er.
Monitor's
Monitor 's Report:
Report :

The Sheriff
Sheriff is
is in
with this
this section
The
in compliance
compliance with
section of
ofthe
theConsent
Consent Decree.
Decree .
111.. Any
may seek
to modify
modify an
any
parties
111
Any party
par ty may
seek to
y part
part of
of this
thisOrder
Order for
forgood
goodcause
causeshown.
shown . The
The parties
aclmO\'\'ledge that
that these
modificationororsituational
situational
acknowledge
these terms
terms and
and conditions
conditions may
ma~ • require
require modification
varhmces
to meet
party may
mayinitiate
initiate aa modification
v ariance s to
meet changed
changed circumshmces.
circumstances . Any
Any party
modification or
or variance
variance
from
the terms
terms of
of this
by making
written
from the
thisConsent
Consent Order
Order by
making aa w
ritten request
request for
for such
such modification
modification or
or
variance to
to all
all parties
Consent
request within
ten
variance
partiestotothis
this
ConsentOrder.
Order . If
Ifno
no party
party objects
objects to
to the
the request
within ten
days,
submitthe
the request
requesttoto the
the Court
Courtfor
forits
its consideration.
any party
party
days, the
the part~'
party may
ma y submit
consideration . If
If any
objects
to aaproposed
variance
the dispute
dispute resolution
resolution procedures
proceduresset
setforth
forth in
in
objects to
proposed modification
mod ification or
or v
ariance the
Paragraph
of this
invoked.
the dispute
resolution
Paragraph 112
112 of
thisConsent
Consent Order
Order shall
s hall be
be in
v oked . Once
Once the
dispute resolution
ith the
theConsent
Consent Order
Order as
until the
the
procedures
the partie
partiess shall
shall comply
with
as luitten
procedure s are
are invoked
invoked the
comply w
written until
b y the
Court.
parties reach
modificationisis approved
the Court.
parties
reach agreement
agreement ororaamodification
approved by
Monitor's
Monitor's Report:
Report:

There
There have
havebeen
beennonomodifications
modificationsduring
duringthis
thisquarter
quarter..
112.
alleged violation
violation of
112 . The
The parties
parties stipulate
stipulateand
and agree
agree that
thatany
any party
party aggrieved
aggrieved by
by an
an alleged
of an):
any
term of
of this
this Consent
or who
whoseeks
seeksaa modification
modificationor
or variance
variance from
fromany
anyterm
termofofthis
this
term
Consent Order
Order or
Consent
Ordermay
may
request
a dispute
resolutionconference
conference
with
partiesfor
for the
the purpose
purpose
Consent Order
request
a dispute
resolution
with
allallparties
of
modific~ltion or
or variance.
of seeking
seeking aa resolution
resolutionofofthe
thegrievance
grievanceororagreement
agreement on
on aa proposed
proposed modification
variance .
The Conference
The
Conferenceshall
shall be
be held
held within
within ten
ten (10)
of the
the receipt
receipt of
of written
notice of
ofthe
(10) days
days of
written notice
the
request for
for the
theConference.
Conference. All
request
All parties
faith to
parties shall
shall seek
seek in
in good
good faith
to resolve
resolve the
the dispute.
dispute . In
In the
the
event the
the parties
parties are
are unable
unable to
to resolve
resolveaadispute,
dispute,any
anyparty
partymay
may seek
seek aa determination
determination from
event
from
the
resolving the
the dispute.
the Court
Court resolving
dispute .
Monitor's
Monitor's Report:
Report:

There have
There
havebeen
beennonomodifications
modificationsduring
duringthis
thisquarter
quarter..
113 .The
113.
the Court
finds that
that this
Orderasaswell
wellas
as previously
previously
The parties
parties agree
agree and
and the
Court finds
this Consent
Consent Order
entered orders
legal relationship
relationship between
between
entered
orders of
of the
the Court
Courtcreated
createdaamaterial
materialalteration
alteration of
of the
the legal
the Plaintiffs
andtherefore,
therefore,Plaintiffs'
Plaintiffs' counsel
are entitled
entitled to
of
the
Plaintiffsand
and Defendants
Defendants and
counsel are
to the
the award
award of

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Seventh Quarterly
Quarterly Report
Reportof
of the
the
Seventh
Court Monitor
Court
Monitor

Page 43 of 46

Page 88
88 of
of91
Page
91

West Virginia
Virginia
attorneys' fees
v. West
attorneys'
feesfrom
fromthe
theCount}·
CountyDefendants
Defendantsand
andSheriff
Sheriffunder
underBuckhannon
Buckhannon v.
.
In
the
event
that
the
Department
of
Health
and
Human
Resources,
533
U.S.
598
(2001).
In
the
eyent
that
the
Department of Health and Human Resources, 533 U.S. 598 (2001)
Plaintiffs and
are unable
unabletoto resolve
resolye bby
agreementissues
issuesrelating
relatingtotoPlaintiffs'
Plaintiffs'
Plaintiffs
and Defendants
Defendants are
y agreement
claim
for attorneys'
attorneys' fees,
fees, Plaintiffs
petition the
withinthirty
thirtydays
daysofofthe
thedate
dateon
on
claim for
Plaintiffsmay
may petition
the Court
Court within
which the
the Court
Courtenters
enters this
this Order.
which
Order .
Monitor's
Report :
Monitor's Report:

Consent
Decree compliance
complianceisis maintained
maintained..
Consent Decree
114.
movetototerminate
terminatethis
this Consent
ConsentOrder
Order
two
years
afterthe
thedate
datethe
the court
court
114 . Any
Any party
party may
may move
two
years
after
enters
it.
enters it .
Monitor's
Monitor's Report:
Report•

No
party has
has moved
movedtototerminate
terminatethis
this Consent
ConsentDecree
Decreeduring
duringthis
thisquarter
quarter..
No party

SUMMARY
SUMMARY
This summary
summarywill
willhighlight
highlightvarious
various non
noncompliance
compliancesections,
sections, subsections,
subsections,
This
and items
items of
and
of the
the Consent
ConsentDecree
Decreethat
thatwere
weredetailed
detailedininthe
theprevious
previoussection
sectionofofthis
this
report.
in the
the conclusion
list ofofallall
Consent
items
report .However,
However, in
conclusion aa list
ConsentDecree
Decree non
non compliance
compliance items
will
will be
be presented.
presented.
The
Sheriff and
the other
in the
Decreecontinue
continuetoto be
be
The Sheriff
and the
other Defendants
Defendants in
the Consent
Consent Decree
of Consent
unsuccessful in
in reaching
full compliance
with aa significant
unsuccessful
reaching full
compliance with
significantnumber
number of
Consent
Decree
Specifically,the
theSheriffs
Sheriff'sadministration
administration has
has been
been slow
Decree items.
items. Specifically,
slowtoto act
act on
on the
the
recommendation
boththe
theMonitor
Monitorand
andAuditor
Auditorofofestablishing
establishing an
an inmate
inmate
recommendation
ofof
both
population control
population
control committee.
committee . At
At the
the request
request of
ofthe
theMonitor,
Monitor, three
three population
population
control
meetings were
that
control meetings
wereconducted
conducted
thatidentified
identifiedvarious
various categories
categories of
of inmates
inmates that
that
could
decision considerations
considerations by
by other
other components
components inin the
could be
be reviewed
reviewedfor
for further
further decision
the
Fulton
County Criminal
System . To
Fulton County
Criminal Justice
Justice System.
created..
To date,
date,aacommittee
committee has
has not
not been
been created
thestate
state inmates
in the
Likewise, when
whenconsidering
consideringthe
thebuildup
buildupofofthe
Likewise,
inmates in
the Fulton
Fulton County
County
Jail
system,
their
inmates
are
slow
to
move
out
of
the
Jail.
The
office
of
the
Jail system, their inmates are slow to move out of the Jail . The office of the Sheriff
Sheriff
has
contact with
with the
theGeorgia
Georgia State
StateDepartment
Department of
of Corrections
Corrections (DOC)
(DOC) Defendants
has contact
Defendantsfor
for
the purpose
purpose of
reducing the
DOC population
ininthe
Jail
of reducing
the DOC
population
theFulton
FultonCounty
County
Jailasasstipulated
stipulated
the
in
Section III,
III,subsection
subsectionB,B,item
item2121of
ofthe
theConsent
Consent Decree.
Decree . This
in Section
true for
for
This also
also holds
holds true
the
andits
itsefforts
efforts to
populationat
at the
the Fulton
Jail..
the DOC
DOC and
to reduce
reduce their
theirDOC
DOC population
Fulton County
County Jail
Additionally,
such as
as those
Additionally, circumstances
circumstances such
those currently
currentlybeing
beingexperienced
experienced by
by the
theDOC
DOC
and
aspreviously
previouslymentioned
mentioned in
in the
thePopulation
Population Limits
Limits and
and Housing
Housing -- Section
and others,
others, as
Section
III,subsection
subsection B,
B, item
are contributing
contributing to
18ofofthis
this report,
report, are
to the
the increase
increase over
overthe
the past
past
III,
item 18
three
in the
the inmate
populationatat the
the Fulton
CountyJail
Jail..
three months
months in
inmate population
Fulton County

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court
Court Monitor
Monitor

Page 44 of 46

Page 89
89 of
of91
Page
91

Staffing
problems,in
in
Staffing continues
continues to
to present
presentfull
fullConsent
ConsentDecree
Decree compliance
compliance problems,
of detention
detentionofficers
officers available
availablefor
for
spite of
spite
of the
the Jail
Jailhaving
having the
the largest
largest contingent
contingent of
deployment,
overtimespent,
spent,and
andextra
extraofficers
officers working
workingononvarious
various
deployment,large
large amounts
amountsofofovertime
shifts..Because
officers is
post
shifts
Because deployment
deployment ofofofficers
issuch
suchaaproblem,
problem,mandated
mandated post
assignments are
are not
not meeting
complianceand
andinmates
inmatesare
are missing
missing appointment
appointmentfor
for
assignments
meeting compliance
dental and
x-ray services
services.. ItItappears
dental
and x-ray
appearsthat
thatadjustments,
adjustments,additions,
additions,and
andduty
dutyassignment
assignment
of
the
Jail
in
order
to
get
the
changes
are
needed
in
the
command
structure
changes are needed in the command structure of the Jail in order to get the
Reorganization of
of detention
officerstoto posts
posts..Reorganization
of
maximum
benefit
from
deployment
maximum
benefit
from
deployment
of detention
officers
management
staffisisimperative
imperativeand
andthus,
thus, such
suchchanges
changesmust
mustbebeinitiated
initiated
management
staff
immediately.
bringingononofofthe
theChief
ChiefJailer
Jailerisis the
the first
first step
immediately . The
The bringing
stepininbeginning
beginning the
the
of this
in his
his position
position for
for
changes.
changes . At
At the
the writing
writing of
this report,
report, the
the Chief
Chief Jailer
Jailer has
has been
been in
approximately
three months.
approximately three
months .
Developingan
anadequate
adequateFulton
Fulton County
CountyJail
Jail inmate
and staff
staff emergency
Developing
inmate and
emergency
evacuation
plan continues
continuesto
to be
be in
in need.
planas
as written
written is
is
evacuation plan
need . The
The current
current evacuation
evacuation plan
not adequate
adequate to
to safely
safelyevacuate
evacuatethe
theinmates
inmatestoto
negotiated
memorandum of
not
negotiated
memorandum
of
understandingsites
sites that
that will
will fully
evacuatedtoto that
that
understanding
fully service
service the
thecategory
category of
of inmates
inmates evacuated
evacuationproposal
proposalwas
waspresented
presentedtoto all
all the
site.. An
An emergency
emergency evacuation
theConsent
Consent Decree
Decree
site
parties
it has
parties by
by the
theMonitor;
Monitor ; however,
however, it
has not
notbeen
been accepted
accepted by
by the
the Sheriff
Sheriff and
and County
County
of
this
report,
no
efforts
are
being
made
to
develop
an
evacuation
defendants.
As
defendants. As of this report, no efforts are being made to develop an evacuation
plan. At
point in
in time
timeaa disaster
disaster could
couldoccur
occurthat
thatrequires
requiresfull
fullororpartial
partial
plan.
At any
any point
evacuation
Also, as
as mandated,
mandated, fire
arenot
notconducted
conducted at
the main
main
evacuationofofthe
theJail
Jail.. Also,
fire drills
drills are
at the
Jail,or
orBellwood,
Bellwood, Marietta,
Jail,
Marietta, and
andAlpharetta
Alpharettafacilities
facilities..
The Sheriff
Sheriff and
and other
other Fulton
CountyCriminal
CriminalJustice
Justicecomponents
components
still
The
Fulton County
areare
still
having problems
Decree
Section
III,
having
problemscomplying
complyingwith
withConsent
Consent
Decree
Section
III,subsection
subsectionC,
C, item
item 29
29
that mandates
mandates that
inmates who
be released
released within
within 24
24 hours.
hours .
that
that inmates
whoare
aretoto be
be released
released will
will be
There are
are many
manyoccasions
occasionsthat
thatindividual
individual inmates
inmatesare
are delayed
delayedreleased
released from
fromthe
the
There
Fulton County
various reasons
reasons previously
that
Fulton
CountyJail
Jail for
for various
previously stipulated
stipulated.. ItItalso
alsomandates
mandates that
inmates
Jail
inmates newly
newlyreceived
receivedininthe
theFulton
FultonCounty
County
Jailwill
will be
be processed
processedwithin
withineight
eight
hours . However,
hours.
there continues
continues to
to be
be instances
instances where
inmatesare
areheld
heldin
in the
the intake
intake
However, there
where inmates
unit beyond
beyond the
unit
the eight
eight hour
hour limit
limit..
Cameras and
and/or replacement.
replacement .
ofrepair
repair and/or
Cameras
andtaping
tapingsystems
systemsare
areininserious
serious need
needof
At the
present time,
time, many
many of
the cameras
cameras fail
meet the
themandates
mandates of
of the
the Consent
Consent
At
the present
of the
fail totomeet
Decree . Rectifying
Rectifying this
thisproblem
problem belong
belong to
to both
both the
theCounty
County and
and Sheriff
defendants . It
Decree.
Sheriff defendants.
It
is
issue..
is primarily
primarily aa funding
funding issue
Although Inmate
significantly,
Although
InmateGrievance
GrievanceProcedures
Procedureshave
havebeen
beenimproved
improved
significantly,
recent
personnel decisions
have caused
recent personnel
decisions have
caused the
the Monitor
Monitorand
andAuditor
Auditortotoquestion
questionthe
the

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court Monitor
Court
Monitor

Page 45 of 46

Page 90
90 of
of91
Page
91

logic of
personnel were
werereassigned
reassignedto
to other
other
logic
of such
such decisions.
decisions . Experienced
Experienced personnel
When questioned
responsibilities and
questionedas
as to
to
responsibilities
and replaced
replaced with
with less
lessexperienced
experienced persons.
persons . When
office stated
the reason
for this
this action,
the
reason for
action, the
the Sheriff
Sheriffss office
stated that
that ititwas
wasjust
justa apersonnel
personnelmove
move
the
and had
had no
no reason.
feels that
that these
and
reason .The
The Monitor
Monitor feels
these types
types of
of decisions
decisions weakens
weakens the
successes
gainedand
andcreates
createsserious
seriousquestions
questionsasas to
to the
the Sheriffs
of
successes gained
Sheriff's understanding
understanding of
the
importance of
of maintaining
maintaining aa strong
stronginmate
inmategrievance
grievancemechanism.
mechanism .
the importance
In
the following
followinglist
list represents
represents the
the sections,
sections, subsections,
anditems
items
In conclusion,
conclusion, the
subsections, and
within the
with which
whichdefendants
defendantsare
are not
not in
within
the Consent
Consent Decree
Decree with
in compliance:
compliance :
Services Missed
Missed-- X-ray
X-rayand
andDental
DentalAppointments
Appointments
(Section
III,
•• Medical
Medical Services
(Section
III,
A, item
item14)
14)responsibility
responsibility Sheriff
Sheriff
subsection A,
subsection
PopulationReview
Review
(Section
III, subsection
subsectionB,
B, item
item 21)
21)
•• Jail
Jail Census
Census -- Population
(Section
III,
responsibilityGeorgia
Georgia Department
Department of
of Corrections
Corrections
responsibility
•• Processing
InmateReleases
Releases(Section
(SectionIII,
III,
Processing of
of Releases
Releases -- Delayed
Delayed Inmate
C, items
items 22
22 and
and 23)
23) responsibility
responsibility Sheriff
subsection C,
subsection
Sheriff
and Security:
Security : Main
Staffing and
•• Staffing
Main Jail
JailUniform
Uniform Officers
Officers- -96%
96% and
and Housing
Housing
Supervisors
compliance, Marietta
Supervisors -- 69.5%
69 .5% compliance,
Mariettaand
andBellwood
Bellwood Uniform
Uniform
Officers
92 .9% and
.1%% compliance
compliance (Section
Officers -- 92.9%
and Housing
HousingSupervisors
Supervisors -- 59
59.1
(Section
IV, subsection
subsection A,
A, items
items 25
25and
and27)
27)responsibility
responsibility Sheriff
Sheriff
IV,
•• Release
andIntake
Intake- -(Section
(SectionIV,
IV,subsection
subsectionA,A,item
item29)
29)responsibility
responsibility
Release and
Sheriff
Sheriff
•• Population
Limitsand
Population Limits
and
Housing
Housing
- (Section
- (Section
III,
III,subsection
subsectionB,B,items
items18,
18,
19,20)
19, 20) responsibility
responsibility Sheriff
Sheriff
•• Population
Popul ation Limits
andHousing
Housing
- Classification(Section
(SectionIV,
IV, subsection
subsection
Limits and
- Classification
B,
32, 35b
and49)
49)responsibility
responsibility Sheriff
Sheriff
B, items
items 32,
35b and
Environmenta l Health
and Safety
•• Environmental
Health and
Safety-- (Section
(Section IV,
IV, subsection
subsection E,
E, items
items
57,
58, 59,60,61,
59, 60, 61, and
and 62)
57,58,
62) responsibility
responsibility Sheriff
Sheriff
•• Plumbing
(SectionIV,
IV,subsection
subsectionF,F,items
items6565and
and66)
66)responsibility
responsibility
Plumbing - -(Section
Sheriff
Sheriff
(SectionIV,
IV,subsection
subsectionG,G,items
items7070and
and71)
71)responsibility
responsibility
•• Laundry
Laundry - -(Section
Sheriff
Sheriff
•• Housing
Housing- -(Section
(SectionIV,
IV,subsection
subsectionH,H,items
items7474and
and76)
76)responsibility
responsibility
Sheriff
Sheriff
y Visits
Visits -- (Section
(Section IV,
•• Legal
Legal and
and Famil
Family
IV, subject
subject II,, item
item 77)
77) responsibility
responsibility
Sheriff
Sheriff

Medical Care
Care -- (Section
(Section IV,
•• Medical
IV, subsection
subsectionJ,J, item
item 80)
80) responsibility
responsibility Sheriff
Sheriff
•
y III
Inmate s -- (Section
(Section IV,
IV, subsection
subsection L,
L, items
items 91
91 and
and 92)
92)
• Mentall
Mentally
III Inmates
responsibility
Sheriff
responsibility Sheriff

Case 1:04-cv-01416-MHS

Document 204-2

Filed 07/08/2008

Seventh
Quarterly Report
Reportof
of the
the
Seventh Quarterly
Court
Court Monitor
Monitor

Page 46 of 46

Page
of91
P
age 91
9 1 of
91

(Section IV,
IV, subsection
subsection M,
M, items
•• Safety
and Emergency
items
Safety and
Emergency Procedures
Proced u res -- (Section
93,
97) responsibility
responsibility Sheriff
Sheriff
93, 94,
94, 95,
95, 96,
96, and
and 97)
EmergencyProcedures
Procedures aand
Preparedness- -(Section
(SectionIV,
IV, subsection
subsection M,
nd Preparedness
M,
•• Emergency
items
items 93,
93, 94,
94, and
and 95)
95) responsibility
responsibility Sheriff
Sheriff
lls -- (Section
(Section IV,
IV, subsection
subsection M,
M, items
Mass Evacuation
Evacuationand
andFire
Fire Dri
Drills
items 93,
93,
•• Mass
94, and
95) responsibility
responsibility Sheriff
Sheriff
94,
and 95)
•• Cameras
Camerasand
andVideo
Video
Tape
System
- (Section
IV,subsection
subsectionM,
M,item
item
Tape
System
- (Section
IV,
100)
responsibility Sheriff
100) responsibility
Sheriff
•• Inmate
InmateGrievance
GrievanceProcedures
Procedures
- (Section
IV,subsection
subsectionN,N,item
item102)
102)
- (Section
IV,
responsibility Sheriff
responsibility
Sheriff

The
compliancestatus
statusofofall
all Consent
Decreeitems
itemsisisreported
reportedinin the
the Auditor's
Auditor's
The compliance
Consent Decree
monthlyreports
reports and
andthe
the Monitor's
Monitor'squarter
quarter reports
reports.. The
discusses each
monthly
The Monitor
Monitor discusses
each
report
with
both
the
Sheriff
and
Chief
Jailer.
In
order
for
the
Sheriff
to
address
report with both the Sheriff and Chief Jailer . In order for the Sheriff to address these
these
items
to
reach
and
monitor
compliance,
as
reported
in
previous
reports,
he
items to reach and monitor compliance, as reported in previous reports, he
implemented a aweekly
responsibility
implemented
weeklystrategic
strategic management
management
responsibilitychart
chart meeting
meeting with
with
management
supervisory
stafftoto discuss
discuss progress
Decree items
items.. The
management
andand
supervisory
staff
progress on
on Consent
Consent Decree
The
Monitorquestions
questions the
the results
results and
of these
Monitor
and outcomes
outcomes of
these meetings
meetings in
in view
view of
of the
thenumber
number
of non
complianceitems
itemsthat
thatare
are consistently
consistently reported
reported on
on in
in the
of
non compliance
the Auditor's
Auditor's and
and
Monitor's
Monitor's reports
reports..
It
that Consent
ConsentDecree
Decreeitems
itemslisted
listedin
in both
both the
the Auditors'
It isisrecommended
recommended that
Auditors' and
and
Monitor's Reports
a major
priority
forforaction
Monitor's
Reportsbebemade
made
a major
priority
actionininthe
theSheriff's/Chief
Sheriffs/ChiefJailer's
Jailer's
weekly
management team
team meetings.
meetings .
weekly strategic
strategic management

Respectfully Submitted,
Respectfully
Submitted,
Calvin A.
A. Lightfoot
Lightfoot
Calvin
Court Monitor
Monitor
Court