Governor Issues a Supplemental State of Emergency Proclamation
Governor Ivey’s Eleventh Supplemental Emergency Proclamation
- Overview: This proclamation seeks to prevent and mitigate the challenges of COVID-19 in state correctional facilities by ensuring that inmates arriving from the county jails will be processed according to prevailing medical standards (specifically, a 14-day quarantine period).
- The proclamation addresses the concerns of the Department of Corrections:
- It ratifies the 30-day moratorium on inmate intake Commissioner Dunn announced on March 20, 2020.
- It directs the Department of Corrections to “develop and implement intake procedures appropriate to the COVID-19 public health emergency” and requires county sheriffs and jails to maintain custody of state inmates until they can safely be transferred to a DOC facility under the new intake procedures.
- The proclamation also addresses the concerns of counties and sheriffs:
- It ensures reimbursement of counties for their additional costs in housing and providing medical care to state inmates.
- It provides liability protections for counties, sheriffs, and their employees against claims arising out of their additional responsibilities under this order.
- It reiterates Governor Ivey’s commitment to the Barbour County consent decree and her desire that DOC resume intake to pre-COVID-19 levels as soon as practicable under the circumstances.
- Ultimately, the proclamation is based on the idea that, legally and practically, state and county detention facilities act as players on the same “team.”
- Paragraph A.2 explains actions our State has already undertaken to assist county jails in addressing the challenges related to COVID-19.
- Paragraph 5 explains the legal and practical reasons the State and counties must cooperate on inmate-intake issues.
A copy of the proclamation can be found here.
ADOC released the following statement in response to the Governor’s Proclamation:
Maintaining the safety, security, and well-being of our inmate population, staff, and the public remains the ADOC’s highest priority, which is why it was absolutely necessary to modify our intake process to align with prevailing medical standards and to help mitigate the spread of COVID-19 in our facilities. While the modified intake process has created nuanced challenges for both our Department and the county jails, we are confident this important safety measure was an important step for our Department to take. We appreciate the cooperation of the Association of County Commissions of Alabama, Alabama Sheriffs Association, and county jails, and we greatly appreciate Governor Ivey leading the way by working with both parties to identify a solution, as outlined in her proclamation. The ADOC looks forward to working with all parties in good faith, as well as resuming inmate intake rates to pre-COVID levels as soon as it is safe to do so.
