Harper v Fulton Co Ga 9th Court Report 1-2009
Download original document:

Document text

Document text
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
Case 1:04-cv-01416-MHS Document 215 Filed 01/13/2009 Ninth Ninth Quarter QuarterReport Reportofof the the Court Monitor Court Monitor Page 11 of of13 Page 13 Page 1 of 13 FFILED CHAMBERS ILED IN CH AMBERS [7 .S.D .C . Atza U.S.D.C. Atlanta ms ' r ~' V P1e) lJAN ~j 2009 A M ES N. N . NAT7 "Eli . Clerk By:JAMES HADEN, Cierk B •J RE RE: ~ Harper, etet al v . Fulton Fulton County County etet al Harper, al.. v. al CIVIL ACTION CIVIL ACTION NO. NO . 04-CY·1416-MHS 04-CV-1416-MHS Y-~ DePtjty :lark Deputy (Clerk Introduction This quarterly period from November 2008.. It quarterly report reportcovers coversthethe period from November through through December, December, 2008 is based on on reading reading and and re-reading re-reading Consent Consent Decree Decree documents, is based documents,other otherrelevant relevant materials materials and meeting with and inmate inmateletters letters;; meeting withall all parties parties involved involvedininthe the class class action action suit suit case, including various inmates and Fulton County Jail detention officers; meeting with the including various inmates and Fulton County Jail detention officers ; meeting with Court Auditor; attending attending aajail jail strategic management meeting; meeting ; reviewing reviewing jail reports on on Court Auditor; strategic management jail reports and e-mails, e-mails, telephone telephone conversations conversations and complyingwith with Consent ConsentDecree Decreeorders orders;; and and complying submitted in in correspondencefrom fromall allparties, parties, including Jail inmates. correspondence including Fulton Fulton County County Jail inmates . ItItisissubmitted accordancewith withrequirements requirementsofofSection SectionVVofofthe the Consent ConsentDecree Decreeininthe the above abovecited cited accordance . However, because the eighth quarter report covered the previous four months (July, case. However, because the eighth quarter report covered the previous four months (July, case August, September, September, and and October, October, 2008) specifically relevant to the August, relevant to to orders orders connected connected to show by Judge Judge Marvin Marvin Shoob, the Sheriff by Shoob,the theninth ninthquarter quarter report report showcause causeorder orderissued issuedtoto the of November 21, 2008 was replaced by aa covers two months. The show cause order date two months . The show cause date of November 21, 2008 was replaced by meeting of of all Judge Shoob's 17, meeting allConsent Consent Decree Decree parties partiesinin Judge Shoob'sChambers Chambers on onNovember November 17, 2008 Resultingfrom fromthat thatmeeting meetingwas wasa acommitment commitment by by Sheriff Freeman Freeman to Judge Judge Shoob Shoob 2008.. Resulting electedSheriffs Sheriffstransition transitiontoto the the Fulton FultonCounty's County'sSheriff's Sheriffsoffice, office, that during during the newly newly elected there would would be be aa smooth smoothtransition transition without without problems problemsand andthat thatno noFulton FultonCounty CountyJail Jail changes However, ifif a changesand anddecisions decisionswould wouldbebeinitiated initiated or or made madeduring duringthis this period period.. However, change or or decision becomes necessary, the the Court Court Auditor Auditor would wouldbebenotified notified and such change becomes necessary, such change or decision change or decision would would be be determined determined by by him. him . After After hearing hearing the theSheriffs Sheriff scommitment, commitment, Judge Shoob decided not to have the show cause order hearing that was scheduled for fudge Shoob decided not to have the show cause order hearing that was scheduled for the November21, 21, 2008. November 2008 . The The Sheriff was was advised advised that that ifhe if hewent wentback backon on his hiscommitment, commitment, the showcause causehearing hearingdate date would wouldbebereactivated reactivated.. show Theonly onlyvisit visit to duringthe the Court CourtMonitor's Monitor'sninth ninthquarter quarterreport report The to Fulton Fultan County County during was 12, was November November 12,13, 13,and and 14, 14,2008. this visit, visit, the 2008. Throughout Throughout this theMonitor Monitor conducted conducted or and tours tours with with the the following followingparties parties:: participated in in meetings meetings and Counsel to Monitor's eighth • Plaintiffs Counsel to discuss discuss the Monitor's eighth quarter quarter report report;; management meeting Consent • Weekly Weeklystrategic strategic management meetingatatthe the Fulton Fulton County CountyJail Jail on Consent Decree Decree compliance complianceissues issues;; • Chief forupdate updatebriefing briefingononcompliance compliance with with the the Consent Consent Decree; Decree ; Chief Jailer Jailer for 1 Case 1:04-cv-01416-MHS Document 215 Filed 01/13/2009 Page 2 of 13 Ninth Quarter QuarterReport Reportofofthe the Ninth Court Monitor Court Monitor Page Page22 of of 13 13 •• Fulton Count CountDepartment DepartmentofofGeneral GeneralServices Servicestoto discuss discuss and tour Fulton tour MEP MEP projects in the Jail;; projects the Fulton Fulton County County Jail • Gwinnett GwinnettCounty CountyJail Jail tour with of General General with Fulton Fulton County County Department Department of Services, Fulton Fulton County CountyJail's Jail's Chief ChiefJailer, Jailer, and Services, and Court Court Auditor; Auditor ; Fulton County CountyDefendant's Defendant'sAttorneys Attorneystotodiscuss discussthe theMonitor's Monitor'seighth eighthquarter quarter •• Fulton report; report; to to discuss Fulton County CountyManager Manager discussthe theMonitor's Monitor'seighth eighthquarter quarterreport report;; •• Fulton Fulton County CountySuperior SuperiorCourt CourtChief ChiefJudge Judgetotodiscuss discussfuture future inmate inmate •• Fulton alternatives incarcerationprograms programs that thatcan canbe be implemented implemented in alternatives totoincarceration in Fulton Fulton County;; County • Federal totodiscuss and the Sheriffs Sheriffs FederalCourt CourtAuditor Auditor discussthe theeighth eighthquarter quarter report report and with items within lack of of compliance compliance with within the the Consent Consent Decree; Decree ; Consent Decree • Fulton Fulton County CountySheriff, Sheriff, Chief ChiefJailer, Jailer, Consent DecreeAttorney, Attorney,and andstaff staffto to ; and Sheriffs responses to the Monitor's eighth quarter report; and discuss the discuss the Sheriff's responses to Monitor's eighth quarter report • Federal Judge Marvin Shoob, Staff member MichaelRobinson, Robinson,and andCourt Court Judge Marvin Shoob, Staff member Michael Sheriffs failure theitems itemsinin the the Auditorto to discuss discuss the the Sheriff's Auditor failuretotocomply comply with with many many ofofthe ConsentDecree Decreeasaspresented presentedinin the the Monitor's Monitor's and and Auditor's Auditor's reports reports.. Consent During this this reporting and December, December,2008) 2008)thetheSheriff Sheriffhas has During reportingperiod period(November (November and basically adhered 17, basically adhered totothe thecommitment commitment that thathehemade madetotoJudge JudgeShoob Shoob on onNovember November 17, 2008, in in Judge Shoob'schambers chamberswith withall allConsent ConsentDecree Decree partiesinin attendance attendance to to make make 2008, Judge Shoob's parties thethe new was an easy easy transition transition of an of Sheriff's Sheriff'sresponsibilities responsibilitiesto to newFulton FultonCounty County Sheriff Sheriff who who was . No significant Fulton County Jail elected in the November general election. No significant Fulton County Jail decisions or in the November general election changes occurred occurred.. The with the the Court The Monitor Monitor maintained maintained continuous continuous communications communications with Court changes Auditor and and parties parties to Auditor to the theConsent Consent Decree. Decree . The Auditor submitted submitted his andDecember, December,2008, 2008,monthly monthly reportstoto the the The Auditor his November November and reports The summary summary of Monitor for for his of those those Monitor hisinformation, information,comments, comments,and andrecommendations. recommendations .The is presented section.. reports is presented in the the following following section SUM MARY STATISTICAL STAFFING REPORT SUMMARY 1110112008 2008) (Quarterly Report ReportNovember November -- December December 2008) 11/01/2008 through 12/3112008 12/31/2008 (Quarterly HOUSING HOUSING OFFICER OFFICER STAFFING STAFFING DEPLOYMENT DEPLOYMENT REPORT 2 Case 1:04-cv-01416-MHS Document 215 Filed 01/13/2009 Page 3 of 13 Ninth Quarter Report of the Court Monitor Page 3 of 13 HOUSING AREA FLOOR OFFICERS vs MANDATED POSITIONS November 07 - December 31, 2008 7 -3 SHIFT 60 sa 40 ~ - - --- --- - -- - - -- -- _. ~, _ - _ _ - -- I 30 20 ~ T - 10 - ~ ~ -~ C ~ M u~ n - -- -_ _~ _ _ . .- -m w rn n _ - __ . . -r cn T . ' _ - -- n ~ -- - rn n m HOUSING AREA FLOOR OFFICERS vs MANDATED POSITIONS November 01 -December 31 , 2008 3- 1 1 S HIFT 60 -----------54 ao ~ 30 __ --- - -- . ._ . -- 20 -- - - - _ `,~ ~ ~ ~._ - -- - -- -- 10 -~ -- - ~ --T-~ 0 HOUSING AREA FLOOR OFFICERS v5 MANDATED POSITIONS November 01 - December 31, 2008 71 -7 Shift 0 6 - - ° 30 20 -- 10 a ~ a w 33 - Case 1:04-cv-01416-MHS Document 215 Filed 01/13/2009 Page 4 of 13 Ninth Quarter QuarterReport Reportof of the the Ninth Court Monitor Court Monitor Page Page 44of13 of 13 HOUSING OFFICERS REPORTI N G vs HOUSING OFFICERS POSITION POSITION REPORTING vs MANDATED MANDATED POSITIONS N ovem b er 0011 November - December 31,2008 December 31, 2008 -~ 3 ;17c - - - 3 , 200 3,200 . ? 3,134 , 3,150 3 , 150 3,100 3,1Q0 --' 33,050 , 050 3,000 3,000 22,950 , 950 Y-- 3, MANDATED MANDATED STAFF STA FF 3-11 7-3 111-7 1-7 3-11 7-3 (96.3%) SHIFT(95 (95.6%) SHIFT (98.8%) SHIFT (9 6 .3%) SHIFT .6%) S H I FT (98 . 8 %) HO PERVI SORY STAFFING E NT HOUSING SUPERVISORY DEPLOYMENT US I NG SU STAFFI NG DEPLOYM Based analysisthat that wasdone doneusing using actual Watch Commanders Based upon uponthe the staffing staffing analysis was thethe actual Watch Commanders Staffing and Deployment Reports, the shortage of supervisory staff continues to be be and Deployment Reports, the shortage of supervisory staff continues to dramatic. Of supervisory posts posts dramatic. Of the theeight eight(3-North (3-Northand and3-South 3-South Closed) Closed) mandated mandated supervisory required by by the the Consent Decree,the thethree three shifts shifts maintained various averages averages each each required Consent Decree, maintained various consistently be low the onefloor floor supervisor supervisor for for consistently operating operating far far below the required required mandate mandateofofone each floor in the Main Jail, and one supervisor at the Bellwood and Marietta Blvd. each floor in the Main Jail, and one supervisor at the Bellwood and Marietta Blvd . Annex.. Annex 1irov2aos --12/31/2008 12/31/2008 1110112008 During this 31-day period, there there were were 1,381 1,381supervisors supervisorsreporting reportingrather rather than than the During this 31-day period, onesupervisor supervisorper perhousing housingfloor floorand and 1,464 required required to meet 1,464 meet the Court Court Mandate Mandate ofofone annex Housing supervisors annexfacility facility.. The of the the Housing supervisorsthat that are are The Jail Jailoperated operated with with only only 94.3% 94 .3% of required under under the the Consent Consent Decree. Decree . HOUSING SUPERVISORY POSITIONS vs MANDATED POSlnONS November 01 - D.. oember 31,2008 9 8 7 6 5 4 3 2 1 0 ;; S ~ $~ _ ~ E ~ ~ ~ ~ ~ E ~ ~ = ~ ~ ~ ~ ~ ~ = ~ ~ ~ ~ ~ __ ~ ~ ~ ~ _ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ [-11-7 ACTUAL --3-11 ACTUAL ""-7-3 ACTUAL ...... MANDATED STAFF 44 ~ ~ I ~ N ~ N ~ ~ ~ ~ Case 1:04-cv-01416-MHS Document 215 Filed 01/13/2009 Page 5 of 13 Ninth Quarter QuarterReport Reportofofthe the Ninth Court Monitor Court Monitor Page Page55 of of 13 13 MANDATED POSITIONS SUPERVISORYPOSITION POSITION REPORTING REPORTING vs VB MANDATED POSITIONS SUPERVISORY 2008 (HOUSINGONLY) ONLY) November November01 01 -- December 31,2008 (HOUSING December 31, - --- - - - _--,- _- T ,,,, .,~ 500 500-[ -' " "t - - - _ ~ - 464--480 480 ._~ --437 -~ -~ 460 460 440 440 420 420 400 400 MANDATED MANDATED . t, . ..; . L - ;` 1 VJ 11-7 3-11 11-7 3-11 5%) STAFF SHIFT SHIFT (89.5"10) SHIFT(8 (95"10) STAFF (89 .5%) SHIFT ,. . 7-3 7-3 SHIFT .4°/a) SHIFT (98 (98.4%) BELLWOODANNEX ANNEXSTAFFING STAFFING DEPLOYMENT BELLWOOD DEPLOYMENT Housing Unit staffing at the Bellwood Annex hasbeen beenshort short of of the on each each Housing Unit staffing at the Bellwood Annex has the mandate mandate on of the shifts of shifts during during the the reporting reporting period, period, for forexample: example : .4% of the mandate mandate maintained 93 93.4% of the • 11-7 Shift Shift maintained ofthe maintained 97 97.4% • 3-11 Shift Shift maintained .4% of the mandate mandate .7% of the mandate mandate 7-3 Shift maintained 98 98.7% of the • 7-3 Shift maintained SEL.L.WOOD ANNEX ANNEX - HOUSING OFFICER MANDATED PO POSITIONS HOUSING O F F IC ER POSITIONS PO SIT ION S vv8 s MANDATED SI TIONS BELLWOOD November01 01 -• De Dec ..embe. November e m be r 31,2008 31, 20 0 8 6 6 55 - 4 4 33 - - ~ - --- - - - - °-- -~ --- ---- .. _ . .- 2 0 ~ 5i ~ ~ ~ ~ § ~ § ~ ~ § ~ g ~ § § ~. ~ /-11-7 ACTUAL -3-11 ACTUAL --7-3 ACTUAL ~ § ~ ~ § § ~ ~ ~ ~ ~ ~ MANDATED STAFF , HOUSING MANDATED HOUSI N G OFFICER OFFICER POSITION POSITION REPORTING RE P O R T IN G vs MAN DATED POSITIONS P OS ITIONS December 31, (BELLWOOD ANN ANNEX) 01 -• December 31, 2008 2008 (BELLWOOD EX) November N ovember 01 1 310 310 305 - 300 285 -~ 290 290 280 280 . 270 270- ,.~ 297 ~ _ . ._ MANDATED 11-7 3-11 7-3 MANDATED ' 11-7 3-11 7-3 STAFF SHIFT SH I F T ((97.4%) 9 7 .4 °/a SHIFT S HIFT (98.7"10) (98. S TAFF S HIF T (93.4"10) (93 . 4 °/.) SHIFT MARIETTA ANNEXSTAFFING STAFFINGDEPLOYMENT DEPLOYMENT MARIETTA BLVD. BLVD .ANNEX Housing Unit staffing at the Marietta Blvd. Annex Housing Unit staffing the Marietta Blvd . Annex has been been short of of the themandate mandate on on of the shifts each each of shifts during during the the reporting reporting period, period, for forexample: example : ofthe • 11-7 Shift maintained 88.7% Shift maintained 88 .7% of themandate mandate 55 Case 1:04-cv-01416-MHS Document 215 Filed 01/13/2009 Page 6 of 13 NinthQuarter QuarterReport Reportofofthe the Ninth Court Court Monitor Monitor Page 13 Page66of of13 •• •• .4% of mandate 3-11 Shift Shift maintained maintained 99 99.4% ofthe mandate 3-11 .7% of mandate of the the mandate 7-3 Shift Shift maintained maintained 97 97.7% 7-3 ER POSITIONS s MANDATED TIONS MARIETTABLVD BLVDANNEX ANNEX. OFFICER POSITIONS vV$ MANDATEDPOSI POSITIONS MARIETTA • HOUSING HOUSING OFFIC , 2008 November 01·- Deoembe, 31, 2001l No v ember 01 December 31 33.5 .5 33 22.5 .5 Z -i ! ~~ _ -- - ~ _- - 2 1.5 1 00.5 .5 o --- , . ._ - _ _ ~ g ~ ~ ! ~ ~ - ~ -- ~ ~ -- ~ ~ - ~ ~ g ~l § s ~ ~ Iii G ~ i ~ I 1--11-7 ACTUAL -3-11 ACTUAL _ _ 7-3 ACTUAL -MANDATED STAFF g 961 NS HOUSINGOFFICER OFFICER POSITIO POSITION REPORTINGvs vs MANDATED POSITIONS N REPORTING MA N DATED POSITIO HOUSING (Marietta B Blvd November " December 31,2008 0101-December 31, 2008 (Marietta lvd ANNEX) AN N EX) November 176 _ ._ ~ . 173 -- 180 180 - i 170 170 -- 160 h 160 150 _ 150 .- 140 ~ 140 MANDATED M ANDAT E D STAFF STAFF 3-11 7-3 11-7 3-11 7-3 1 1-7 SHIFT SHIFT HIFT ((99.4%) 99 . 4 °/a) SHIFT SHI FT ((97.7%) 97.7°/) SHI FT ((88.7%) 88 .7%) S BELLWOOD STAFFING:: andMARIETTA MARIETTA ANNEX ANNEX SUPERVISORY SUPERVISORY STAFFING BELLWOO D and The followingreport reportreflects reflects the percentage of assignments assignmentsofofsupervisory supervisoryofficers officers The following percentage of assigned to both Annex Facilities: assigned to both Annex Facilities : .3% the mandate mandate for % of ofthe for supervisory supervisorystaff staff • 11-7 Shift maintained 98 98.3 Shift maintained the mandate mandatefor for supervisory supervisory staff staff • 3-11 Shift maintained 96.6% Shift maintained 96 .6% %%ofofthe mandate supervisorystaff staff •• 7-3 Shift maintained100% 100% Shift maintained of ofthe the mandate forforsupervisory UPERVISORY POSITIONS POSITIONS vs vsMANDATED MANDATED POSlTlONS PO S I TI ONS BELLWOOD SUPERVISORY B ELLWOOD & & MARIETTA MARIETTA ANNEX ANNEX HOUSING HOUSING S 31, 2008 2008 November Nov e mbe r 01· 0'k - December D e c e mb e r 31, 2.5 2. -1 T 2 - 2 _ -- _ ~ 1.5 1 .5 - 1 0.5 0 .5 o - s s ~ -~ ~ E C ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ --- ~ ~ ~ ~ -- --- - ~ ~ ~ ~ ~ - ~_ ~ ~ 1--11-7 ACTUAL --3-11 ACTUAL _ 7 - 3 ACTUAL - 66 ___ , - -- -- ~ - - __--~- - - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ MANDATED STAFF ~ ~ I Case 1:04-cv-01416-MHS Document 215 Filed 01/13/2009 Page 7 of 13 NinthQuarter QuarterReport Reportofofthe the Ninth Court Monitor Court Monitor Page77of of13 13 Page D POSITIONS HOUSING REPORTING vs MANDATE MANDATED POSITIONS OS I TIO N RE PORTING vs HO U SI N G SSUPERVISOR UPE RVIS OR PPOSITION 1 -- December December 31, 2008 AnnexFacilities) Facilities) NNovember 31,2008 lv d Annex ovember 001 ((Bellwood B e l lwoo d && MMarietta ar i etta BBlvd 118 1 118 ._ 118 ' ~ , -~ . 116 114 1 12 ',--- MANDATED 11·7 3·11 -7 3-11 77-3 -3 MANDATED 11 °/4 STAFF SHIFT(98 (98.3%) SHIFT(96 (96.6%) SHIFT (100%) . 6 %) SHI T (700 STAFF SHIFT .3'/O SHIFT SUMMARY SUMMARY subsections, This summary summarywill willhighlight highlight various various non-compliance non-compliancesections sections,; subsections, This ofthe the Consent ConsentDecree Decree thatare aredetailed detailedinin the the appendix appendixsections sectionsofofthis this and items items of and that report. However, in the conclusion ofthis report, a list of all Consent Decree nonreport . However, in the conclusion of this report, list of all Consent Decree noncompliance items will be presented. . compliance items will be presented theSheriff's Sheriffs administration, administration, the Sheriff Duringthese thesefinal final two monthsofofthe During two months continued to be unsuccessful in reaching continued to unsuccessful in reaching full fullcompliance compliance with with a significant significantnumber number Those items conclusion section of items.. Those itemsare are listed listed in the conclusion sectionofofthis this of Consent Consent Decree Decree items report. Likewise, the Georgia Department of Corrections was unsuccessful in report . Likewise, the Georgia Department of Corrections was unsuccessful in relevant reaching full compliance with the mandated section of the reaching full compliance with mandated sectionn the Consent Consent Decree Decree relevant to it..The The following following section section presents presents the thestatus status(compliance (complianceorornon-compliance) non-compliance) of of to it major Decree items items:: major Consent Consent Decree MAJOR CONSENT DECREE DECREEITEMS' ITEMS' COMPLIANCE OR NONMAJOR CONSENT COMPLIANCE OR COMPLIANCE COMPLIANCE STATUS STAFFING STAFFING Although, the Sheriff Sheriff significantly Although, the significantlyimproved improved staffing staffingConsent Consent Decree Decree mandated posts, during this period, staffing continued to present full Consent mandated posts, during this staffing continued to present full ConsentDecree Decree the Jail Jail having compliance problems,ininspite spiteofofthe compliance problems, having the largest largest contingent contingent of of detention detention officers of overtime spent, and officersavailable availablefor fordeployment, deployment, large largeamounts amounts of overtime spent, and extra officers on various various shifts shifts..ItItis is thethe Monitor's Monitor'sand andAuditor's Auditor's opinions opinions that officersworking working on of staff prevented the Sheriff from achieving full staffing staffing inadequate deployment inadequate deployment of staff prevented the Sheriff from achieving full 77 Case 1:04-cv-01416-MHS Document 215 Filed 01/13/2009 Page 8 of 13 Ninth Quarter QuarterReport Reportof of the the Ninth Court Monitor Court Monitor Page 88 of of 13 13 Page compliance as as mandated mandatedin in the Consent staff compliance Consent Decree. Decree . This Thismiss-management miss-management ofofstaff deploymentexisted existeduntil untiland andthrough throughthethelast lastday dayofofthe the Sheriff's Sheriff's administration administration.. deployment The The staffing staffing item item has has not not reached reached compliance. compliance . TION POPULATION POPULA During this this reporting 2008),because becausethe the During reportingperiod period(November (November and and December, December, 2008), ofthe jail had to relocate to other parts of the jail to allow the MEP medical section medical section of the jail had to other parts of the jail to allow the MEP jail's population project to to proceed proceed with with renovations, the main main jail's population capacity capacity changed changed The average in inthe jail, from 1,842 1,842 to to 1,638 1,638.. The averagedaily dailyinmate inmatecount count themain main jail,during duringthis this from The reduction reduction in inmate inmate population Fulton County 1,668.. The populationatat the the Fulton CountyJail Jail is is period, was was 1,668 . As a result of of the attributed to additional beds contracted with other county jails. As a to additional beds contracted with other county jails theMarietta Mariettafacility facility located located on on the the inmate population populationreduction, reduction,the theclosing closingofofthe inmate Fulton County County Jail Jail complex wasinitiated initiated on 29, 2008. The The female female inmate inmate Fulton complex was onDecember December 29, The reasons reasons for forthe thedecrease decreaseare areunknown unknown population decreased decreasedduring duringthis this period period.. The population at this time. this time. HOUSING Duringthis this reporting During reporting period, period,Fulton FultonCounty County outsourced outsourced Fulton Fulton County County inmates to to Atlanta Atlanta City City Jail, Jail, Dekalb CountyJail, Jail, Union UnionCity CityJail, Jail, Pelham CityJail, Jail, inmates Dekalb County Pelham City Cook Housing inmates CookCounty CountyJail, Jail, and and Decatur DecaturCounty CountyJail Jail.. Housing inmatesininthese thesefacilities facilities allowed allowed Fulton Fulton County Countyto to maintain maintain Consent Consent Decree Decreehousing housingcompliance compliancewithin withinthe the . The housing item has reached compliance . Fulton County Jail. The housing item has reached compliance. Fulton County Jail MEDICAL SERVICES MEDICAL SERVICES Duringthis this reporting During reporting period, period,because because of ofthe theMEP MEP project, project,the theMain Main Medical Medical Clinic, Medical Observation Observation Unit, Acute Psychiatric Units were were temporarily Clinic, Medical Unit, and and the Acute Psychiatric Units temporarily nd relocated North Tower of of thethe 2"d2 floor The move move has relocated to to the North Tower floorofofthe theJail Jail.. The hasresulted resulted in in several challenges challenges to to providing providing health care care to tothe theinmates inmates ininananenvironment environment conducive addressing the inmates' inmates' medical medical needs. needs . The The challenges challenges conduciveto to appropriately appropriately addressing Thus, the dental and and xare caused by available available space, equipment, andfacility facility design. xcaused by equipment, and design . Thus, of inmates inmates getting getting access access operations have have been beenaffected affected resulting resulting in the ray operations the number number of . These operations have experienced about 20% to 25% to dental and x-ray services. These operations have experienced about 20% to 25% and x-ray services (For aa more more detailed reductionininpatients patients brought broughttotothe theclinic clinicfor for these these services services.. (For detailed reduction review Fulton County County Jail Medical Clinic move move see of the Fulton Jail Medical see the the Auditor's Auditor's attached review of report.) report .) INMATE INMATE GRIEVANCES 8 Case 1:04-cv-01416-MHS Document 215 Filed 01/13/2009 Page 9 of 13 Ninth Quarter QuarterReport Reportofofthe the Ninth Court Monitor Monitor Court Page 13 of13 Page99 of The Inmate Grievances Procedures have been improved significantly and and improve d significantly The G rievances Procedures operateeffectively effectively.. The The Inmate InmateGrievance Grievanceitem item has has reached reached compliance compliance.. operate INMATE RELEASES RELEASES INMATE The Inmate InmateRelease ReleaseProcess Processcontinued continuedto to have inmates who whoare are delayed delayed The have inmates . Most of beyond the 24-hour period that is mandated in the Consent Decree. Most of these these beyond the 24-hour period that is mandated in Consent Decree delays were were due duetoto other other law law enforcement enforcementagencies agenciesthat thatmust mustbebenotified notified by by the the delays Sheriff to pick verylittle little agency contact Although very agency contact Sheriff pick up up their particular particular inmates. inmates . Although information was wasprovided providedbybythe theSheriff, Sheriff,the the Auditor Auditorreports reports that that he has experienced information experienced of these agencies are notified numerous times before they respond, that many many of these agencies are notified numerous times before they respond, Among the before pick pick up up.. Among thelongest longest delays delays resulting in in days days and and in insome some cases weeks weeks before Lastly, agencies.. Lastly, are those those inmates inmates awaiting awaiting pick pick up up by by Federal Federal law law enforcement enforcement agencies by release paperwork fromthe thecourts courts have havegreatly greatly been been release delays delays caused caused by paperwork from half dozen reduced during this period from dozens to typically less than a reduced during this period from dozens to typically less than half dozen per per week. week . of the Moredefinitive definitive reasons reasonsfor for release release delays were madedifficult, difficult, because More were made because of Sheriffs failure failure to data.. Sheriffs to provide provide complete complete data EMERGENCY EMERGENCYEVACUATION EVACUATION PLAN PLAN Developing an adequate adequateFulton Fulton County CountyJail Jail inmate inmate and and staff staff emergency Developing an emergency The current evacuation evacuation plan is evacuation plan continues continues to to be planas as written written is evacuation plan be in need. need . The not adequate to safely evacuate the inmates to negotiated memorandum of adequate to safely evacuate the inmates to negotiated memorandum of understandingsites sites that that will fully evacuatedtotothat that understanding fully service service the the category category of of inmates inmates evacuated site..An evacuationproposal proposalwas waspresented presentedtoto all all the An emergency emergency evacuation the Consent Consent Decree Decree site however, it hasnot notbeen been accepted accepted by by the the Sheriff Sheriffand and County County parties it has parties by by the theMonitor; Monitor ; however, . As of this report, no efforts are being made to develop an adequate of this report, no efforts are being made to develop an adequate defendants. As defendants At any any point point in time time a disaster could could occur occurthat that requires requires full full or evacuation plan plan..At evacuation theJail Jail..Also, fire drills drills are the partial evacuation Also, as as mandated, mandated, fire are not not conducted conducted atat the evacuation ofofthe TheEmergency Emergency main Jail, or Marietta,and andAlpharetta Alpharettafacilities facilities..The main Jail, or Bellwood, Bellwood, Marietta, Evacuation Plan item has not reached compliance. Evacuation Plan item has reached compliance . CAMERAS AND SYSTEMS CAMERAS AND TAPING TAPING SYSTEMS ofrepair repair and/or replacement. Cameras andtaping tapingsystems systemsare areininserious serious need needof Cameras and replacement . At the present present time, time, many many of cameras fail meetthe themandates mandates of of the theConsent Consent of the cameras fail totomeet At Decree. and Sheriff Sheriff defendants. Decree .Rectifying Rectifying this thisproblem problem belongs belongs to to both both the the County County and defendants . It is primarily a funding issue. It is incumbent upon the Sheriff to have the It is primarily a funding issue . It is incumbent upon Sheriff to have the system system of parts parts.. assessed for and discontinue discontinue funding funding repairs repairs and for replacement replacement and and replacement replacement of 9 Case 1:04-cv-01416-MHS Document 215 Filed 01/13/2009 Page 10 of 13 Ninth Ninth Quarter QuarterReport Reportofofthe the Court Monitor Court Monitor Page Page 10 10 of of 13 13 He sho should budget request to He uld then prepare prepare a budget to the theCounty County for the the purpose purpose of replacing System item item has not reached the entire entire system. system . The Cameras Cameras and and Taping Taping System reached compliance.. compliance GEORGIA GEORGIA DEPARTMENT DEPARTMENTOF OFCORRECTIONS CORRECTIONS(DOC) (DOC) Duringthis this reporting reporting period, period, there has no significant significant change fromthe the During has been been no change from last Monitor's report in the pick up of inmates who have been sentenced to the last Monitor's in the pick up of inmates who have been sentenced to the of Corrections continuestotoreceive receivestate state Georgia Department Department of Georgia Corrections (DOC). (DOC) . The The DOC DOC continues sentencedinmates inmatesaccording according theirprotocols protocolsand andthere therecontinues continuestotobebenonoreal real sentenced tototheir of processing processing or or receiving receiving them by which whichthe theSheriff Sheriffor or the Auditor can system of system them by Auditor can assess their their effectiveness effectiveness or ortimeliness timelinessininprocessing processing and and receiving receiving them. them .There There was was DOC were sentenced sentenced to to also no no change change in in the thepick pickups upsbybythe the DOC of ofsome some inmates inmates who who were by the the Auditor Auditor of of Prison Alternative Alternative Programs. Programs . The The most most recent review review conducted conducted by indicates that approximately halfofofthe the inmates inmates this particular particular category category of inmates inmates indicates approximately half being sentenced into these programs are not being picked up by the DOC. Rather, being sentenced into these programs not being picked up by the DOC . Rather, they are being the they being released released by by the thesentencing sentencing Judge, Judge,because because they they remain remain beyond beyond the time theJudges Judges allowed allowed for forthe theDOC DOC to them .The The Georgia Georgia time period period that that the to receive them. DepartmentofofCorrections Corrections item item has has not reached Department reached compliance. compliance . COUNTY DEFENDANTS It Auditorthat that the the most It continues continues to to be be the the opinions opinions of of the theMonitor Monitor and and Auditor most successful parts parts of ofthe theConsent Consent Decree Decree result from the the efforts effortsmade made by by the theCounty County result from Commissioners in in thethefunding of of the projects, thethe outsourced facilities, theMEP MEP projects, outsourced facilities, and and Commissioners funding insensitivity by by staffing the Jail.. However, therehas hasbeen beena adisplay displayofofinsensitivity staffing the Fulton Fulton County County Jail However, there of General Services) toward the medical clinic's the MEP project (Department MEP project (Department of General Services) toward the medical clinic's displaced housing accommodations andand general In this displaced inmates' housing accommodations generalliving livingconditions conditions.. In temporaryrelocation relocationofofmedical medical clinic inmates, line sighttotoindividual, individual,difficult difficult to to temporary clinic inmates, line ofof sight observe housing serious serious medical medical and mental mental health inmates inmates presents major major observe cells cells housing inmate problems . This inmate safety safety problems. shared with with the the This particular particularconcern concernwas was adamantly adamantly shared GeneralServices Servicesby byboth both the the Monitor Monitor and and Auditor Auditor.. It Fulton County County Department DepartmentofofGeneral Fulton It is the Auditor's opinions opinionsthat that continuous continuousobservation observationofofthese these is the Monitor's Monitor's and and Auditor's inmates is is paramount to prevent prevent catastrophic catastrophic happenings, happenings, such such categories of medical medical inmates paramount to as suicides suicides.. INMATE IIN-CUSTODY FOR THI THIS REPORTING N-CUSTODY DEATH FOR S REPOR TING PERIOD Duringthis this reporting period, of During period, there therewas was one one inmate inmate death under under the custody custody of the the Sheriff Sheriffss office office.. This reported to to the Auditor and This inmate inmate death death was was promptly promptly reported Auditor and 10 Case 1:04-cv-01416-MHS Document 215 Filed 01/13/2009 Page 11 of 13 Ninth Quarter QuarterReport Reportofofthe the Ninth Court Monitor Court Page 11 of of 13 Page 11 Monitor..The He was was pronounced Monitor The inmate inmate who who died died was was Kenneth Kenneth Grogan, Grogan, 0829096. He dead Grady Memorial Memorial Hospital :47 dead some sometime timeafter after arrival arrival atatGrady Hospital on on 11/26/2008, 11126/2008, at at 18 18:47 hours. According to information information provided provided to the the Auditor, Auditor, inmate inmate Grogan Grogan had hours. According had been been of breath. playing basketball with other inmates and began to experience shortness playing inmates and began to experience shortness of breath . Hewas wasimmediately immediatelytaken takentotothe theFulton FultonCounty CountyJail JailMedical MedicalClinic Clinicfor for medical medical He assistance. Medical Services Services (EMS) was called called and assistance. Emergency Emergency Medical (EMS) was and inmate inmate Grogan Grogan was was MemorialHospital Hospitalwhere wherehehelater laterdied died..No transported to to Grady Grady Memorial No follow-up follow-up information has been provided the Monitor or Auditor by the Sheriff ChiefJailer Jailer information has been provided the Monitor or Auditor by the Sheriff ororChief on this death. death . on CONCLUSION In conclusion, represents the sections, sections, subsections, subsections, and and items items conclusion, the the following followinglist list represents within the Consent Decree with with which whichdefendants defendantsare are not not in compliance: within Consent Decree compliance : • • • • • • • • i ty Round 15) responsibility responsibility Security Roundss -- (Section Secur (Section III, III,subsection subsection A, A, item item 15) Sheriff Jail Census (Section III, Census-- Population PopulationReview Review (Section III, subsection subsection B, B, item item 21) 21) responsibility Georgia Department Department of ofCorrections Corrections responsibility Georgia Processing (Section ProcessingofofReleases Releases-- Delayed DelayedInmate InmateReleases Releases (SectionIII, III, subsection C, items items 22 22 and and23) 23)responsibility responsibility Sheriff subsection C, Staffing and and Security Main Jail JailUniform Uniform Officers Officers- -96% 96% and and Housing Housing Security:: Main Supervisors 69 .5% compliance, Marietta and andBellwood Bellwood Uniform Uniform Supervisors -- 69.5% compliance, Marietta Officers -- 92.9% and Housing Supervisors 59.1 % compliance (Section 92 .9% and Housing Supervisors - 59 .1 % compliance (Section IV, IV, subsection subsection A, A, items items 25 25 and and27) 27)responsibility responsibility Sheriff Sheriff Releaseand andIntake Intake (SectionIV, IV,subsection subsectionA,A,item item29) 29)responsibility responsibility Release - -(Section Sheriff Sheriff Popu lation Limits - (Section III, Population Limits and andHousing Housing - (Section III,subsection subsectionB,B,items items19, 19, 20) responsibility responsibility Sheriff Sheriff 20) PopulationLimits Limitsand andHousing Housing - Classification(Section (SectionIV, IV, subsection subsection Population - Classification B, items items 32, 32, 35b 35b and and49) 49)responsibility responsibility Sheriff Sheriff B, Environmental Health Safety - (SectionIV, IV,subsection subsectionE,E, items items Environmental Health andand Safety - (Section 57,58,59,60,61, and 62) 62) responsibility responsibility Sheriff 57, 58, 59, 6% 61, and Sheriff (SectionIV,IV,subsection subsectionF,F,item item65) 65)responsibility responsibility Sheriff Sheriff Plumbing • Plumbing - -(Section • Laundry Laundry (SectionIV, IV,subsection subsectionG,G,items items7070and and71) 71)responsibility responsibility - -(Section Sheriff I1 11 Case 1:04-cv-01416-MHS Document 215 Filed 01/13/2009 Page 12 of 13 Ninth Quarter QuarterReport Reportofofthe the Ninth Court Monitor Court Page 12 12 of of13 Page 13 • H ousi n g -- (Section IV, subsection • Housing H, items items 74 74and and76) 76)responsibility responsibility subsection H, Sheriff • Legal Legaland andFamily Family Visits - (Section subjectZ,I,item item77) 77)responsibility responsibility Visits - (Section IV,IV, subject Sheriff • Medica Medicall Care Care-- (Section (SectionIV, IV,subsection subsectionJ,J, item item80) 80)responsibility responsibility Sheriff Sheriff • Mentally MentallyIll III Inmates Inmates-- (Section (SectionIV, IV, subsection subsection L, L, items items 91 and and 92) 92) responsibility Sheriff Sheriff Procedures-- (Section (Section IV, subsection M, • Safety and and .Emergency Emergency Procedures M, items 97) responsibility responsibility Sheriff Sheriff 93, 94, 95, 96, and and 97) • Emergency EmergencyProcedures Procedures Preparedness - (SectionIV, IV,subsection subsection M, M, andand Preparedness - (Section items 93, 93, 94, and and 95) 95) responsibility responsibility Sheriff Sheriff items • Mass Evacuation andand FireFire Drills - (Section Mass Evacuation Drills - (SectionIV, IV,subsection subsection M, M,items items 93, 93, and 95) 95) responsibility responsibility Sheriff Sheriff 94, and System - (Section • Cameras Camerasand andVideo VideoTape Tape System - (SectionIV, IV,subsection subsection M, M, item item 100) responsibility responsibility Sheriff Sheriff 100) all Consent ConsentDecree Decreeitems itemsisisreported reportedinin the the Auditor's Auditor's The compliance compliancestatus statusofofall The The Monitor Monitor provides monthlyreports reports and andthe the Monitor's Monitor'squarter quarter reports reports.. The provides each each report report monthly However, this procedure did the sheriff Sheriff and and Chief ChiefJailer Jailer for for their review. this procedure did not to both both the review . However, of the short time remaining occur during this reporting period, primarily because occur during this reporting primarily because of the time remaining inin s Administration the Sheriff Sheriff's Administration to to effectively effectivelycomply comply with with the the Consent Consent Decree. Decree . The The Sheriff failed Sheriff failedtotobebere-elected re-electedasasFulton FultonCounty County Sheriff Sheriffininthe theNovember, November, 2008, 2008, general election election.. To Myron and Chief ChiefJailer Jailer Edward general To this thisend, end,Sheriff Sheriff MyronFreeman Freeman and Edward McNeil were unable to successfully reach full Consent Decree compliance onthe the McNeil were unable to successfully reach full Consent Decree compliance on previously listed listed Consent Decreeitems itemsthroughout throughoutthetheentire entiretime timethat that they they were wereinin previously Consent Decree of responsibility responsibility.. offices of their respective respective offices The newSheriff Sheriffis Jackson, retired retired former of The new is Theodore Theodore Jackson, former Federal Bureau Bureau of in Charge, Office.. His Investigation (FBI) (FBI) Special Agent Agent in Charge, Atlanta, Georgia Georgia Office Hisnew new 1,2009. responsibilities asasFulton effective on on January January 1, responsibilities FultonCounty County Sheriff became became effective 2009 . His His of Chief Jailer isisRiley first major the office office of first major top top administrative administrative appointment appointment totothe Chief Jailer Rile Federal Court Auditor over over this this Consent has Taylor, former former Federal Court Auditor Consent Decree. Decree . The The Monitor Monitor has positive anticipation anticipation that Taylor's administrations administrationswill will positive that Sheriff SheriffJackson's Jackson's and and Chief Chief Taylor's do what whatthe the previous previousSheriff Sheriffand andChief ChiefJailer Jailer were wereunable unabletoto do dosuccessfully successfullyinin do complying with the many items in the Consent Decree. Chief Taylor the complying with the many items in Consent Decree . Chief Taylor served served the Federal v. Federal Court Courtininhis his capacity capacity as as Federal FederalCourt CourtAuditor Auditorauditing auditingthe theHarper, Harper,etetala1.. v. Fulton County Countyet et al al Consent Decree in in an outstanding Fulton Consent Decree outstanding manner. manner . His His honesty, honesty, integrity, and search search for the truth, truth,while while performing performing his integrity, and his responsibilities responsibilities as as Auditor, Auditor, of the highest quality and commitment. The are viewed by the Monitor as viewed by Monitor as of the highest quality and commitment . The 12 12 Case 1:04-cv-01416-MHS Document 215 Filed 01/13/2009 Page 13 of 13 Ninth Quarter QuarterReport Reportofofthe the Ninth Court Monitor Court Page of 13 Page 13 13 of appointment RileyTaylor TaylorasasFulton FultonCounty County Jail'sChief Chief Jailerisisstrongly strongly appointment ofofRiley Jail's Jailer supported supported by by the Court Court Monitor. Monitor . It was theMonitor MonitortotoJudge JudgeMarvin MarvinShoob Shoob thatsince sincethe the It was recommended recommended bybythe that Auditorisis now nowthe theChief ChiefJailer Jailer there there will be for a Federal auditing Auditor be no no need need for Federal Auditor Auditor auditing ChiefJailer Jailer further recommended thatthe theChief the Consent Consent Decree. Decree . The The Monitor Monitor further recommended that continue reports with with the same informationtoto the the continue to submit submit the Auditor's Auditor's monthly monthly reports same information . Monitor, as it should have been submitted in the prior Sheriff's administration. Monitor, as it should have been submitted in the prior Sheriff s administration Note:: For information, see see Auditor's Auditor'sattached attachedreport reportininthe the For detailed detailed supportive supportive information, Note this report report.. appendixsection sectionofofthis appendix Submitted, Respectfully Submitted, Calvin A. A. Lightfoot Lightfoot Court Monitor Monitor January 9, 9, 2009 January 2009 13 13

