ACLU of SC sues for release of inmates vulnerable to coronavirus
The ACLU of South Carolina and an international law firm have filed a lawsuit against S.C. Gov. Henry McMaster, the the state’s Department of Corrections director and the state Board of Pardons and Paroles, claiming the state hasn’t done enough to protect its most vulnerable inmates from the coronavirus.
The lawsuit, which was filed Tuesday night on behalf of several inmates with chronic diseases with less than six months left on their sentences, claimed there is inadequate COVID-19 testing and a lack of social distancing in South Carolina’s state prisons, which could lead to the virus spreading through the inmate population.
Officials with the Department of Corrections did not immediately provide The State with a comment.
Lawyers for the firm Arnold & Porter and ACLU also argue that the Department of Corrections’ coronavirus action plan is insufficient, saying the department doesn’t follow the Centers for Disease Control and Prevention’s guidelines for how long infected staff should stay away.
As of Tuesday, 36 Corrections employees have been diagnosed with the coronavirus, according to the department’s website. Two inmates and three DOC employees, located at Kirkland Correctional Institution, have also tested positive. The facility is now under a lockdown.
The attorneys added that the department’s plan says inmates will practice social distancing “depending on the facility’s population and physical layout.” Many state prisons have double or triple occupancy cells or use dorm housing.
The lawsuit, which was filed in a Charleston federal court, also argues that Corrections’ chronic staffing shortages will hinder their efforts in the event of a coronavirus outbreak.
The Department of Corrections says it has been preparing for a possible outbreak since February, according to a plan on its website. Inmates have access to soap and hand sanitizer, the site says. The department also has plans for isolating inmates who test positive or are being tested. On April 10, some inmates received protective masks.
State officials have also instituted procedures to check whether staff may have contracted the virus, which includes taking their temperatures.
The plaintiffs are asking a judge to parole, furlough or release some inmates to home detention. Inmates who would qualify are those ages 50 and up and those with chronic conditions who are eligible for medical parole or furlough who “do not demonstrate any threat to the community.” They also call for the release of inmates with “serious developmental disabilities or mental conditions accompanied with an ability to maintain good hygiene habits or inability to take medications as directed.”
The ACLU also advocates for the release of inmates with less than six months left on their sentences and those who are eligible for parole and have not had any disciplinary infractions for at least a year. They also ask a judge to release inmates who were jailed because of a technical violation of their parole.
The lawsuit is the latest push from the ACLU of South Carolina attempting to convince lawmakers to release inmates who are particularly vulnerable to the coronavirus, including those who are elderly or have chronic medical conditions like lung disease or diabetes. In early March, the organization sent a letter to hundreds of officials calling for the release of those inmates and detainees in order to reduce the prison population and slow the spread of the coronavirus.
“For weeks, we have asked Governor McMaster, the Department of Corrections, and other state officials to do everything within their power to prevent the deaths that would result from a COVID-19 outbreak in our prisons,” said ACLU of SC’s criminal justice policy and legal counsel Shirene Hansotia in a statement. “These pleas have been ignored. Today we are asking the courts to do what our Governor should have done weeks ago – protect the lives of people currently incarcerated in South Carolina’s prisons.”
While several other states and municipalities have taken steps to decrease their inmate populations, South Carolina has not. State officials and judges have not ordered the release of inmates, and the Department of Probation, Parole and Pardon Services canceled and rescheduled all parole hearings that were supposed to take place this month.
This story was originally published April 21, 2020 at 7:19 PM.
