Executive Order 2020-170: Temporary COVID-19 protocols for entry into Michigan Department of Corrections facilities and transfers to and from Department custody; temporary recommended COVID-19 protocols and enhanced early-release authorization - RESCINDED

 

 

Acting under the Michigan Constitution of 1963 and Michigan law, I order the following:

 

1. Transfers from jails to prisons. All transfers into the custody of the Department of Corrections (“Department”) are temporarily suspended unless the transferring jail or local lockup satisfactorily implements both the risk reduction protocols described in section 2 and the testing protocols described in section 3. This section is effective immediately for jails that have not resumed transfers into the Department under a prior version of this executive order, and effective September 8, 2020 for jails that have resumed transfers into Department custody under a prior version of this executive order.

 

1. Beginning seven days from the effective date of this order, and no more than once every seven days, a jail or local lockup may request that the Director of the Department (“Director”) determine that the jail or lockup has satisfactorily implemented both the risk reduction protocols described in section 2 and the testing protocols described in section 3.
    
2. Upon inspection, if the Director determines that a jail or local lockup has satisfactorily implemented risk reduction protocols and testing protocols, transfers from that jail or lockup will resume in accordance with those protocols.

 

3. Jails and local lockups must provide documentation of each transferee’s testing history upon transfer. The Director may reject transfers that do not pass the screening protocol for entry into a facility operated by the Department.

 

4. Parole violators in the Department’s custody must not be transported to or lodged in a county jail or local lockup unless the Director has determined that such county jail or local lockup has satisfactorily implemented both the risk reduction protocols described in section 2 and the testing protocols described in section 3.

 

2. Risk reduction protocols. The Department must implement risk reduction protocols to address COVID-19, including the following:

 

1. Screening all persons arriving at or departing from a facility, including staff, inmates, vendors, and any other person entering the facility, in a manner consistent with guidelines issued by the Centers for Disease Control and Prevention (“CDC”). Such screening includes a temperature reading and obtaining information about travel and any contact with persons under investigation for COVID-19 infection.

 

2. Isolating and testing any inmate who has one or more of the principal symptoms of COVID-19, including fever, sore throat, a new uncontrolled cough that causes difficulty breathing, diarrhea, vomiting, abdominal pain, new onset of a severe headache, and new loss of taste or smell.

 

3. Restricting all visits, except for attorney-related visits, and conducting those visits without physical contact to the extent feasible.

 

4. Coordinating with local public health departments on isolation plans and outbreak response.

 

5. Notifying the local public health department of any suspected or confirmed case of COVID-19.

 

6. Providing, to the fullest extent possible, appropriate personal protective equipment to all staff as recommended by the CDC.

 

7. To the extent feasible, opening windows and doors, and using fans, to increase air circulation; considering taking additional steps to improve ventilation in the facility, in consultation with an HVAC professional, based on local environmental conditions.

 

8. Conducting routine cleaning and sanitizing consistent with CDC guidance, as provided at https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/index.html.

 

1. Ensuring access to personal hygiene products for inmates and correctional staff, including soap and water sufficient for regular handwashing.

 

10. Ensuring that protective laundering protocols are in place.

 

11. Posting signage and continually educating on the importance of social distancing, handwashing, and personal hygiene.

 

• Requiring inmates and staff to practice social distancing to the fullest extent feasible, and to wear facial coverings when maintaining six feet of social distance from persons housed separately is not possible.

 

13. Minimizing crowding, including gatherings of 10 or more people, which may include scheduling more times for meal and recreation to reduce person-to-person contact.

 

• During transport, ensuring that staff and inmates wear facial coverings and maintain appropriate social distance, including by reducing vehicle capacity.

 

3. Testing protocols. Consistent with guidance issued by the Michigan Department of Health and Human Services, the Department must conduct COVID-19 diagnostic testing in all of its facilities as follows (obtaining consent of the individual or other person legally authorized to make medical care decisions for the individual):

 

1. Except as otherwise provided in this subsection, test all inmates entering a facility upon intake (within 24 hours), or in the 72 hours prior to intake. Although testing is recommended for all inmates entering a facility, this requirement does not apply to inmates held outside general population, housed in single cells (i.e. without other inmates), released within 24 hours, and provided with educational materials on the importance of testing and contact tracing.

 

2. Test any inmate scheduled to be transferred to another facility, including a Department facility, within 72 hours prior to transfer.

 

3. Test any inmate scheduled for release within 72 hours prior to release. If an inmate tests positive for COVID-19, that inmate must not be detained solely because of COVID-19 positive status, but must not be released into any other congregate settings if that inmate is in isolation protocol.

 

4. In case of a sustained outbreak (any confirmed positive case identified within the last 14 days epidemiologically linked to another positive case within the same facility) or other high-risk situation, conduct ongoing testing coupled with contact tracing, in coordination with the local public health department.

 

5. Isolate and medically manage any inmate who tests positive for COVID-19 as appropriate. Except for transfers to isolation units, to manage medical needs, or for exigent security reasons, inmates testing positive should not be transferred to another corrections facility or other congregate setting, unless they meet the following criteria:

 

1. At least 10 days have passed since symptom onset, except in cases in which infection-control experts recommend longer isolation (e.g., up to 20 days in severely immunocompromised persons), and;

 

2. At least 24 hours have passed since resolution of fever without the use of fever-reducing medications and;

 

3. Other symptoms have improved.

 

4. State assistance for expanded testing.

 

1. The Department of Health and Human Services must provide direct assistance with testing supplies, specimen collection, and laboratory processing to jails and local lockups that request assistance, as resources permit. Jails and local lockups may submit requests for assistance to MDHHS-cjtestingrequests@michigan.gov.

 

2. A jail or local lockup that receives assistance yet still cannot comply with the testing protocols described in section 3 due to delays in test processing time may request adjustments to the timing requirements of section 3, which the Director may grant in her sole discretion.

 

5. Early release. To mitigate the risk of COVID-19 spreading in county jails, strict compliance with the capacity and procedural requirements regarding county jail overcrowding states of emergency in the County Jail Overcrowding Act (“CJOA”), 1982 PA 325, MCL 801.51 et seq., is temporarily suspended. While this order is in effect, all actions that would be authorized under the CJOA in the event of a declaration of a county jail overcrowding state of emergency are authorized and shall remain authorized without regard to any reduction in jail population or any other such limitations on the duration of authorization imposed by the CJOA. Anyone authorized to act under this section is strongly encouraged to consider early release for all of the following, so long as they do not pose a public safety risk:

 

1. Older people, people who have chronic conditions or are otherwise medically frail, people who are pregnant, and people nearing their release date.

 

2. Anyone who is incarcerated for a traffic violation.

 

3. Anyone who is incarcerated for failure to appear or failure to pay.

 

4. Anyone with behavioral health problems who can safely be diverted for treatment.

 

6. Reimbursement to counties. The State Budget Office must ensure that counties are reimbursed for lodging inmates who would have been transferred into the Department’s custody if not for the suspension of transfers.

 

7. Juvenile detention centers. Juvenile detention centers are strongly encouraged to reduce the risk that those at their facilities will be exposed to COVID-19 by implementing as feasible the following measures:

 

1. Adopting the risk reduction protocols and testing protocols described in sections 1 and 2.

 

2. Removing from the general population any juveniles who have COVID-19 symptoms.

 

3. Eliminating any form of juvenile detention or residential facility placement except for juveniles who are determined to be a substantial and immediate safety risk to themselves or others.

 

4. Providing written and verbal communications to all juveniles at such facilities regarding COVID-19, access to medical care, and community-based support.

 

5. To the fullest extent possible, facilitating access to family, education, and legal counsel through electronic means (such as telephone calls or video conferencing) at no cost, rather than through in-person meetings.

 

8. Juveniles on court-ordered probation. Unless otherwise directed by court order, for juveniles on court-ordered probation, the use of out-of-home confinement for technical violations of probation and any requirements for in-person meetings with probation officers are temporarily suspended.

 

9. Effective Date. This order is effective immediately and continues through September 30, 2020 at 11:59 pm.

 

10. Effects on prior orders.

 

1. Executive Order 2020-146 is rescinded.

 

2. The Prescription Drug Task Force created by Executive Order 2020-1 must complete its work and submit a final report to the governor detailing its findings and recommendations by January 31, 2021.

 

Given under my hand and the Great Seal of the State of Michigan.