Lawyers Seek Immediate Inmate Releases, More Coronavirus Testing

SEATTLE, WA — An emergency motion filed before Washington's highest court Thursday is seeking the immediate release of at-risk inmates at the Monroe Correctional Complex, just one day after three more prisoners tested positive for the coronavirus. A team of lawyers who filed a statewide petition last month said the previous timeline set by the court does not move quickly enough to address urgent safety concerns.

On Sunday, the Department of Corrections announced an inmate at the Monroe facility had the first known COVID-19 illness contracted within a Washington prison. By Wednesday, six inmates and five staff members at the complex had tested positive for the disease. At least 403 inmates have been tested for the virus in Washington, and lab results are still pending on 52 tests, according to corrections officials.

"This unfortunate, but completely foreseeable, situation is a direct result of the failure of DOC to take action sooner, even though people who are incarcerated in state prisons, their family members, and advocates have sounded the alarm for weeks," said Nick Straley, an attorney with Columbia Legal Services. "Even the Trump Administration has begun taking steps to reduce the number of people in the federal prison system. For some reason, the Washington State Department of Corrections and the Governor refuse to do so."

State prisons have seen a roughly 20 percent reduction in county transfers and a more than 60 percent drop in incarcerations related to violations of release conditions, according to Steven Sinclair, the Department of Corrections secretary.

Dozens of inmates participated in a large protest over the virus at the Monroe prison Wednesday night. The Associated Press reported corrections officers used pepper spray and rubber pellets to disperse crowds, and both housing units were temporarily evacuated. No injuries were reported.

In March, lawyers representing a group of at-risk inmates filed a lawsuit seeking temporary release for thousands of prisoners over 50, those with health conditions and people with 18 months or less remaining on their sentences. The state Supreme Court agreed to consider the petition on an expedited basis, and oral arguments were scheduled to begin April 23.

"The outbreak that petitioners and many other stakeholders have been warning about for weeks has begun, the court must immediately step in to address it because the governor and [Secretary Sinclair] refuse to do so," Columbia Legal Services wrote in a court filing. "The emergency relief that the petitioners have requested in this motion cannot wait until the court hears oral arguments on April 23."

Thursday's filings include a written declaration from Terry Kill, an inmate incarcerated at Monroe Correctional Complex and housed within the minimum security unit where others have tested positive for the virus. In the eight-page document, he describes uneven and lax quarantine procedures, limited availability of masks for prisoners and impossible scenarios to achieve appropriate social distancing.

"Everyone still has access to the same shared spaces, like the breezeway, patio, gym, and the yard," Kill wrote. "They've been rotating yard and gym time between the units, but everyone is still using the same common spaces and engaging in the same activities, with many people all together."

If corrections officials move to isolate all inmates, Kill said he worries that a prolonged lockdown would have large repercussions on attitude and morale.

"People are getting more agitated," Kill wrote. "I think they are getting ready to lock us all down and keep us in our units, which is going to create all kinds of problems. So now I am concerned [not only] about COVID, but also violence."

The inmate also echoed concerns raised in the petition regarding limited testing and access to medical care.

"Not everyone is being screened or tested for the virus," Kill wrote. "People who have compromised immune systems are not getting proper care. For instance, there is one inmate who is continually coughing and has a history of tuberculosis, but DOC has not taken them to get an X-Ray."

"Our minimum security inmate deaths are preventable," said Twyla Kill, Terry's wife, who is working to mobilize other inmates' families. "We demand that Inslee and Sinclair act now to save lives. These men are low risk and are already about to get out."

The emergency motion asks the state Supreme Court to appoint a liaison to gather information regarding the infections at the Monroe facility and assess the Department of Corrections' efforts to mitigate the virus's spread throughout the prison system. Additionally, lawyers are seeking an order to test every person incarcerated at the Monroe Correctional Complex and immediately begin releasing people who fall within the at-risk categories.

Gov. Jay Inslee released a statement Thursday morning acknowledging the concerns raised by inmates and their families while weighing potential impacts to public safety:

"Last night’s disturbance ended without injury and we recognize the grave concerns of the incarcerated individuals and their families about COVID-19 in correctional facilities all over the state. Since the outbreak of this pandemic, I have been working with the state Department of Corrections (DOC) to develop a plan to keep incarcerated individuals as safe as possible, as well as to look at other options.

DOC has been working closely with the Department of Health to implement strategies around testing, social distancing, quarantine, isolation and other practices to prevent the spread of this virus. We will continue to work with DOC to find ways to improve the safety of those who are incarcerated in state facilities.

We have also worked to balance the needs of incarcerated individuals with public safety and I have asked for what could be done to reduce the spread of COVID-19 throughout correctional facilities.

I am committed to ensuring to the health, safety and security of incarcerated people and DOC employees who work in these facilities."

During a press conference Thursday afternoon, Inslee said the state was still working out the details on a policy that would allow for the early release of certain non-violent offenders in at-risk groups who are nearing the completion of their sentence.

The Supreme Court has ordered the state to respond to the emergency motion by 9 a.m. Friday, April 10, and a reply from petitioners is due by noon the same day.