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DEPARTMENT OF JUSTICE | OFFICE OF THE INSPECTOR GENERAL

PANDEMIC RESPONSE REPORT

20-087

JULY 2020

Remote Inspection of Federal Correctional

Complex Tucson

EVALUATION AND INSPECTIONS DIVISION

i

INTRODUCTION

The CDC has noted that the confined nature of correctional facilities, combined with their congregate environments, "heighten[s] the potential for COVID-19 to spread once introduced" into a facility.

According to BOP data, as of

July 14, 2020, 8,642 inmates and 887 staff in BOP-managed institutions and community-based facilities had tested positive for

COVID-19.

1

However, testing within most BOP

facilities has been limited. In those institutions where widespread inmate testing has been conducted, the percentage of inmates testing positive has been substantial. At the time of our fieldwork, FCC Tucson was not conducting widespread inmate testing for COVID-19. There were no

COVID-19 active inmate cases in the institution.

Between April 27 and

June 8, 2020, the DOJ OIG conducted a

remote inspection of the BOP 's Federal Correctional Complex (FCC) Tucson, located in Pima County, Arizona, to understand how the

COVID-19 pandemic affected the complex and to

assess the steps FCC Tucson officials took to prepare for, prevent, and manage

COVID-19 transmission within its

facilities (see Appendix 1 for the scope and methodology of the inspection).

As part of that effort, we considered whether

FCC Tucson"s policies and practices complied with BOP directives implementing CDC guidance, as well as DOJ policy and guidance. We conducted this inspection through telephonic interviews with FCC Tucson and BOP officials, review of documents, assessment of inmate demographic data and staff and inmate COVID-19 case data by the OIG"s Office of Data Analytics (ODA), analysis of FCC Tucson-specific results from a BOP-wide employee survey regarding COVID-19 issues that the OIG conducted in late April, and consideration of complaints to the OIG Hotline by inmates (see Appendix 2 for a summary of survey results from FCC

Tucson respondents).

1

This estimate does not include inmates who have tested positive, recovered, and have since been released by the BOP.

OIG COVID-19 Inspection Efforts

In response to the coronavirus disease

2019 (COVID-19) pandemic, the U.S.

Department of Justice (Department,

DOJ) Office of the Inspector General

(OIG) initiated a series of remote inspections of

Federal Bureau of

Prisons (BOP) facilities, including BOP-

managed institutions, contract institutions, and Residen tial Reentry

Centers. In total, these facilities house

approximately 160,000 federal inmates. The OIG inspections sought to determine whether these institutions were complying with guidance related to the pandemic, including Centers for Disease Control and Prevention (CDC) guidelines, DOJ policy and guidance, and BOP policy.

While the OIG was unable to meet with

staff or inmates as part of these remote inspections, the OIG issued a survey to over 38,000 BOP employees, as well as staff of contract institutions and Residential Reentry Centers.

DOJ COVID-19 Complaint

Whistleblower Rights and Protections

ii

Summary of Inspection Results

In accordance with BOP guidance, FCC Tucson began modified operations with social distancing measures on March 17 and enacted a Shelter-in-Place (SIP) on April 1. 2

These measures were

extended three times and were to remain in effect until at least July 31. We found that Tucson officials adhered to applicable COVID-19 related BOP policies and CDC guidelines and regularly communicated these changes to staff and inmates. We determined that several factors assisted FCC Tucson in responding to the COVID-19 pandemic, including FCC Tucson"s proactive implementation of preventative measures before they were required by the BOP. Specifically, we found that: FCC Tucson had empty housing units available in its U.S. Penitentiary (USP), which it was able to repurpose as quarantine and medical isolation areas. FCC Tucson implemented a precautionary 14-day quarantine for incoming inmates before it was required by BOP guidance. FCC Tucson, with guidance from the Western Regional Office, limited staff movement within its facilities before the BOP instructed facilities to do so.

Unlike other BOP

institutions, FCC Tucson was not experiencing a staffing shortage. Having sufficient staff allowed it to more easily separate its rosters and assign staff to a single institution, thereby limiting possible staff cross-contamination. The only FCC Tucson staff member to test positive for COVID-19 at the time of our inspection had not been in the institution for several weeks prior to the positive test, reducing the chance of spread. 3 FCC Tucson management regularly updated staff and inmates about new guidance and procedural changes related to COVID-19, and staff we interviewed from FCC Tucson told us that communication from management was "top notch" and "tremendous." We describe these findings in greater detail, and other observations we made during our inspection, in the

Inspection Results

section of this report. 2

The BOP enacted a “14-day nationwide action to minimize movement to decrease the spread" of COVID-19 in its Phase

Five Action Plan on April 1 and extended this action in its Phase Six, Seven, and Eight Action Plans, effective through

July 31. Some institutions chose to describe this action as a “Shelter in Place," “Stay in Place," or “Stay in Shelter." In

announcing this action, the BOP noted, “the BOP"s actions are based on health concerns, not inmate disruptive

behavior." See Appendix 3 for a timeline of the BOP"s guidance to its institutions. 3

The staff member had recovered and returned to work at the time of our inspection. As of July 13, a total of 11 staff

members had tested positive for

COVID-19.

iii

COVID-19 at FCC Tucson

FCC Tucson employs 586 federal staff members and houses approximately 1,900 high, medium, and minimum security male inmates, as well as pretrial male and female inmates, in 3 separate facilities: a USP, a Federal Correctional Institution (FCI), and a camp. As a Care Level 2 and 3 complex, FCC Tucson"s population includes inmates with chronic care needs and inmates requiring specialized medical care. 4 Additionally, the USP is a Sex Offender Management Program institution, and about 77 percent of USP inmates are incarcerated for sex offenses. At the time of our fieldwork, there had been no inmate cases and only one staff case of

COVID-19

at FCC Tucson. As of July 13, FCC Tucson reported that no inmates, and 11 staff members, had tested positive for

COVID-19, 8 of which were active cases.

5

By contrast, the county in which FCC

Tucson is located, Pima County, experienced a steady increase in the number of positive COVID-19 cases in April and May and an exponential increase in the number of positive cases in June. As of June 25, Pima County had over 6,500 total confirmed cases. The number of COVID-19 cases in

Arizona continued to spike into July.

As of July 13, the CDC reported that Pima County had over

11,800 total cases. Below, we provide a snapshot of FCC Tucson"s COVID-19 cases as of July 13.

4

BOP officials assign each inmate a care level based on the inmate"s individual medical needs. Care levels range from

Care Level 1 for the healthiest inmates to Care Level 4 for inmates with the most serious medical conditions. The BOP

also assigns each institution a care level from 1 to 4, based on the institution"s level of medical staffing and resources.

The goal of the care level system is to match inmate medical needs with institutions that can meet those needs. A Care

Level 2 institution is capable of treating inmates with conditions requiring clinical contact every 3 months. A Care Level 3

institution is capable of treating inmates with conditions requiring daily to monthly clinical contact.

5

The BOP defines “active cases" as open and confirmed cases of COVID-19. Once someone has recovered or died, he or

she is no longer considered an active case. iv

Inmate

Population

a Active Inmate COVID-19 Cases Over Time, March 31-July 13, 2020 c a As of June 14, 2020. Population totals may differ from BOP statistics due to categories of inmates (e.g., juveniles) excluded from the data received by the OIG. b As of July 13, 2020. The BOP defines "active cases" as open and confirmed cases of COVID-19. Once someone has recovered or died, he or she is no longer considered an active case. c

As of July 13, 2020. Deaths due to COVID-19.

Data Source: BOP

1,866

Active Inmate

Cases b 0

Inmate Deaths

c 0

DOJ Federal Staff

a Active Staff COVID-19 Cases Over Time, March 31-July 13, 2020 b a

As of June 25, 2020.

b As of July 13, 2020. Active cases are open and confirmed cases of COVID-19. Once someone has recovered or died, he or she is no longer considered an active case. c

As of July 13, 2020. Deaths due to COVID-19.

Data Sources: BOP, National Finance Center

585

Active Staff

Cases b 8

Staff Deaths

c 0 Total Confirmed COVID-19 Cases in Pima County Over Time,

March 31

July 13, 2020

a a As of July 13, 2020. Total confirmed cases are cumulative positive COVID-19 cases. Data Sources: Johns Hopkins University Center for Systems Science and Engineering v

TABLE OF CONTENTS

INSPECTION RESULTS .................................................................................................................... 1

Social Distancing and Quarantine Measures .................................................................. 1

Conditions of Confinement .............................................................................................. 3

Staff Movement Restrictions ............................................................................................ 4

Health Screening and Medical Capacity .......................................................................... 5

COVID-19 Testing ............................................................................................................... 6

Personal Protective Equipment and Cloth Face Coverings ............................................ 6

Other Aspects of FCC Tucson"s Experience Managing COVID-19 .................................. 7

Use of Home Confinement and

Compassionate Release Authorities .......................... 8 APPENDIX 1: SCOPE AND METHODOLOGY OF THE INSPECTION ........................................... 16

APPENDIX 2: OIG COVID-19 SURVEY RESULTS FOR FCC TUCSON .......................................... 17

APPENDIX 3:

TIMELINE OF BOP GUIDANCE .............................................................................. 21

1

INSPECTION RESULTS

Social Distancing and Quarantine Measures

In accordance with BOP guidance, FCC Tucson implemented two sets of social distancing procedures. Social distancing, also called "physical distancing," means keeping at least 6 feet between people and avoiding group gatherings. In a correctional setting, the CDC recommends implementing a host of strategies to increase the physical space between inmates (ideally 6 feet

between all individuals, regardless of symptoms), noting that not all strategies will be feasible in all

facilities and that strategies will need to be tailored to individual spaces within the facility and the

needs of the population and staff. 6 Starting on March 17, FCC Tucson implemented modified operations, under which one housing unit at a time went to the dining hall for meals or to the outdoor recreation yard. Starting on April

1, FCC

Tucson enacted a SIP, which was

extended three times and was to remain in effect until at least July 31
. FCC Tucson's Warden emphasized that the SIP is distinct from a punitive lockdown, comparing it to local community guidelines in response to

COVID-19. Institution emails and memoranda to

inmates that we reviewed also emphasized this message. Under the SIP, inmates remain in their housing units with services brought in , without access to the outdoor recreation yard, as follows: 6

See CDC, “Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention

Facilities," March 23, 2020, www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctional-

detention.html (accessed July 15, 2020).

A standard

housing unit with central common area at FCC

Tucson: The male

FCI housing units

and the USP housing units, including the medical isolation and quarantine units, have similar layouts.

Source: BOP, with

OIG enhancement

2 In the USP and male housing units at the FCI, each of which has closed cells surrounding a

common area (see photograph above), inmates remained in their cells for most of the day. They could access the common area for 2-hour blocks each day in groups of about 30 inmates. During these 2 -hour blocks, inmates had access to showers, TRULINCS email, and telephones. 7 Food Services and Correctional Staff delivered meals (packaged in clamshells or meal bags) to each inmate's cell. Commissary and laundry collection were available in the housing unit common areas.

Open dormitory-

style housing in the female pretrial unit at

FCC Tucson.

Source: BOP,

with OIG enhancement In the camp and the FCI"s female pretrial housing unit (see photograph), which have open, dormitory-style housing, inmates continued to have open access to showers, TRULINCS email, and telephones. Food Services and Correctional Staff delivered meals to the dormitories, and commissary and laundry were available in the housing unit common areas. Due to a decrease in the camp population as the number of incoming inmates decreased and other inmates moved to quarantine units in preparation for release or home confinement transfer, FCC Tucson was able to increase the distance between inmates by spacing out bed assignments. FCC Tucson officials told the OIG that two previously empty units in the USP were designated for quarantine andquotesdbs_dbs20.pdfusesText_26

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