By Sam Stanton
The Sacramento Bee
CHINO, Calif. — Amid coronavirus outbreaks that have left inmates being housed and treated by doctors in tents inside one California prison, the state has signaled that it plans to resume accepting new prisoners from county jails on May 26, introducing thousands more people into the system, lawyers for the inmates say.
The decision comes as the California Department of Corrections and Rehabilitation says 619 inmates have tested positive for COVID-19, including five who have died at the California Institution for Men in Chino, the hardest hit among the state’s prisons with 431 confirmed cases among prisoners.
“All deaths have been of patients from CIM who had serious medical conditions that made them especially vulnerable to the disease,” lawyers for the Berkeley-based Prison Law Office wrote in a federal court filing. “Four were housed in large dorms when infected.
“One of those, a 65-year-old man, was scheduled to parole in just a few months. Before being diagnosed he twice implored medical staff in writing to help him get an early release due to myriad conditions, including severe breathing problems, which made him especially susceptible to severe consequences from COVID-19.”
The outbreak at CIM has become so severe that six tents have been set up to house inmates to provide more space for them, with porta potties and portable sinks nearby, court filings say. Another eight tents have been set up to provide medical care, and staff shortages caused by workers calling in sick have left inmates being served cold box lunches on “many days” instead of hot breakfasts and dinners.
“The seriousness of the situation at CIM cannot be overstated,” inmate lawyers wrote, saying that as of last week nearly 2,000 inmates at CIM were under quarantine.
CDCR Secretary Ralph Diaz initially ordered a 30-day halt on March 24 to accepting new inmates from county jails, then extended it to 60 days through May 25. Inmate attorneys now are arguing for a postponement in plans to resume accepting thousands of new prisoners and the transfers between prisons of others.
“The Secretary retains the authority to extend the period for another 30 or more days but has apparently decided not to do so,” inmate attorneys wrote. “Defendants have informed Plaintiffs that they plan to reopen intake to new admissions on May 26, 2020.
“The resumption of intake without any additional releases will have two effects: first, an immediate rise in CDCR’s population from the two-month backlog, and second, an increase in movement of people throughout the system, as the current Reception Center population is transferred to other prisons and new people arrive from county jails to the Reception Centers.”
The result, inmate attorneys argue, is that “the rise in population and increase in movement will significantly and unacceptably elevate the risk of transmission of COVID-19. The rise in population will mean more overcrowding and consequent difficulties with packed dorms and overflowing common areas.”
A corrections spokeswoman confirmed Friday that CDCR intends to resume accepting county inmates May 26, and officials said during a Friday afternoon hearing in Sacramento before Chief U.S. District Judge Kimberly J. Mueller that incoming inmates will be tested twice for coronavirus before being sent from a reception center to a prison.
CDCR said it has access to 18,000 tests per month to perform checks on inmates.
The decision comes as prison officials said this week they are dealing with an outbreak of coronavirus at the California Institution for Women in San Bernardino, where at least 400 inmates have been tested since last week.
“Results have started to come back from lab testing and we are seeing an increase of positive cases,” the agency said in an updated Wednesday. “The patients are mostly asymptomatic.”
The latest figures available show 47 inmates have tested positive at CIW.
“CIW will take immediate steps to prevent potential further spread and provide timely, appropriate care to those experiencing symptoms,” CDCR said. “All of CIW will be on quarantine until further notice.
“Movement will be extremely limited including on-location medication administration, in-cell meals and temporary suspension of activities where physical distancing potential is limited. These additional steps will also include working with the county on additional mass testing of women housed at CIW as well as offering testing to all staff.”
Attorneys for the state’s inmates have been fighting since March to have more prisoners released from custody, arguing that there are many who are elderly or have pre-existing conditions that make them particularly vulnerable to coronavirus, and saying that overcrowding inside the prisons makes the situation even more dangerous, with little chance of social distancing.
The state has latest figures who were nearing their parole dates and says it has made progress in providing moving inmates into areas where they have more room, and have been providing additional sanitary supplies.
Inmate families, as well as staffers at various prisons, have expressed concern about conditions inside the lockups, and the state’s latest figures show 191 staffers statewide have tested positive for the virus, including 51 at CIM. Of the total, 111 have returned to work.
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©2020 The Sacramento Bee (Sacramento, Calif.)