Judge orders state prisons to provide quarantine spaces

The federal judge overseeing the state prisons department's efforts to contain the spread of COVID-19 ordered the agency to empty and set aside areas with at least 100 beds at its facilities to provide adequate quarantine and isolation space.

U.S. District Judge Jon Tigar agreed to implement the California Department of Corrections and Rehabilitation's recommendations rather than plaintiffs' attorneys more onerous conditions, which would require the agency to maintain empty beds equal to the capacity of its largest living space or cut 20% of the population of the facility.

"If in fact the state had taken action to reduce prison population more aggressively and more quickly, perhaps they could've saved more lives, but we are appreciative that the process is moving forward now," plaintiffs' attorney Michael Bien said.

The order grew out of a series of status conferences held by Tigar while the virus outbreak at San Quentin State Prison spiraled out of control. It's partially based on recommendations submitted by prison receiver J. Clark Kelso, who has taken responsibility for the decision to move many virus-infected prisoners from Southern California to COVID-free San Quentin, setting off the outbreak, according to news media reports.

Tigar wrote, "Assessments shall be guided by health considerations, without regard to whether sufficient space can be reserved at the institution without a further reduction in population."

"What this means is if the health people get together and all agree you need to move 500 people out, you have to move 500 people out," Bien said. "This is what CDCR has been resisting." The judge gave the state up to 28 days to provide the 100 empty bed spaces in some prisons.

Tigar also emphasized that he does not know whether 100 vacant beds will be enough to contain the virus. Additional bed space, if required, must be cleared by September.

"This is a deadly virus and these prisons are crowded and filled with medically vulnerable people," Bien said. "This process has to move as rapidly as possible."

In the Central District of California, Judge Consuelo Marshall took a more aggressive approach, ordering federal prison authorities to begin transferring medically vulnerable inmates at Lompoc prison to home custody.

The preliminary injunction issued last week was in response to a virus outbreak at the facility that has infected more than 1,000 inmates, killing four.