Friday afternoon, Nov. 13 the Colorado Department of Corrections (CDOC) reached a settlement agreement with the American Civil Liberties Union (ACLU) regarding a COVID-19 related lawsuit filed by the ACLU in May. The Colorado Corrections System has had multiple COVID-19 outbreaks since the beginning of the pandemic, the latest an outbreak of more than 800 inmates, and more than 80 staff of the El Paso Corrections Complex.
The Buena Vista Correctional Complex. Department of Corrections photo.
According to Colorado Corrections Public Information Officer Annie Skinner, during the course of settlement discussions, the CDOC said it welcomed the opportunity to share information with the ACLU to demonstrate the operational changes and diligent work taken by the Department to mitigate the spread of this virus. The steps include the adoption of a pandemic response plan consistent with CDC guidance.
Ark Valley Voice was among several Colorado-based news organizations that received information from the loved ones of inmates, that challenged the CDC about the treatment of inmates and the lack of proper prevention steps to keep COVID-19 from spreading in the contained environment of the state’s prison system.
“We view this as a win for the people of Colorado,” said Colorado Department of Corrections Executive Director Dean Williams. “This provides our Department with some additional tools to combat COVID-19, including access to the advice and assistance of an expert in the field, which is something that we were contemplating doing regardless of any lawsuit. The settlement also reaffirms that CDOC is on the cutting edge and taking appropriate preventive measures to protect inmates, staff, and the community.”
Most of the provisions that are formalized in this agreement had already been implemented by the CDOC during the last 8 months in managing the pandemic, including:
- Conducting robust surveillance testing for both symptomatic and asymptomatic inmates.
- Providing all incarcerated people free masks and soap, and requiring all staff to wear masks.
- Increasing the already robust cleaning protocols and providing additional cleaning supplies to the inmate population.
- Providing free medical visits for COVID related symptoms without any co-pays.
- Engaging in extensive medical records review to assess vulnerable populations and prioritize their access to single cells.
- Conducting audits of facilities to ensure compliance with COVID-19 prevention policy and protocols.
- Providing reasonable access to facilities, outdoor recreation, and legal materials during COVID-related lockdowns after testing and cohorting has occurred.
- Sharing information continuously on the public CDOC website at https://www.colorado.gov/pacific/cdoc/covid-19-faq-and-updates
Some of the new provisions from the settlement include:
- Retaining an independent expert to advise on policy and procedure related to identification of medically vulnerable, high-risk classifications and COVID treatment protocols.
- Allowing ACLU counsel to participate in CDOC’s already established and ongoing COVID audits.
For additional information regarding CDOC’s COVID response please visit the website at: https://www.colorado.gov/pacific/cdoc/covid-19-faq-and-updates
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