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Filed in Clerk's Office BILL NO.20-15 MAY 2 0 2020 RESOLUTION NO.4856-20 k J DAWN M.JJONES CITY CLFRK Snl ITN RFNR IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CALLING ON GOVERNOR ERIC J.HOLCOMB TO INITIATE A MORE ROBUST AND COMPASIONATE PROGRAM FOR THE EARLY RELEASE OF NON-VIOLENT INCARCERATED PERSONS MOST VULNERABLE TO THE COVID-19 PANDEMIC WHEREAS, the Governor of Indiana, Eric J. Holcomb, has issued several Executive Orders intended to protect the citizens of Indiana from the COVID-19 pandemic; and WHEREAS,the Indiana Department of Correction (IDOC)has issued Preparedness and Response plans for the COVID-19 pandemic; and WHEREAS,jails and prisons are designed to maximize control of the incarcerated population instead of minimizing disease transmission. This fact is compounded by: 1) often crowded, unsanitary conditions, lack of adequate access to hygiene materials such as soap and water or hand sanitizers; and 2)poor nutrition, and failure to adhere to recognized standards for disease prevention, all of which have disastrous public health effects; and WHEREAS,the frequent transfer of individuals from one jail facility to another, and intake of newly detained individuals from the community further complicate the prevention and detection of infectious disease outbreaks. A timely response to reported and observed symptoms is needed to interrupt viral transmission, yet delays in testing, diagnosis, and access to care are dangerous in jails and prisons; and WHEREAS, statistics released by IDOC already reveal at least 278 staff members and 605 incarcerated persons testing positive for COVID-19 with 2 confirmed or presumed deaths for staff members and 16 confirmed or presumed deaths of incarcerated persons from COVID-19; and WHEREAS, these numbers continue to increase and are likely understated due to the limited number of diagnostic tests performed on this population; and WHEREAS,health systems and other resources are already severely taxed by the daily exponential increase in COVID-19 cases; and WHEREAS,intensive care unit(ICU) bed space is reaching capacity. Rapid, disastrous outbreaks in Indiana jails and prisons will put further strain on the already saturated healthcare system as infected individuals are transferred for treatment to local hospitals, thereby exacerbating issues of containment of the virus and put more members of our community at risk. WHEREAS,incarcerated persons are one of society's most medically neglected and vulnerable populations; and WHEREAS, within this population are even more vulnerable persons including those who are 65 and older and those with underlying health conditions; and WHEREAS,the World Health Organization states that"The rights of all affected people must be upheld, and all public health measures must be carried out without discrimination of any kind. People in prisons and other places of detention are not only likely to be more vulnerable to infection with COVID-19, they are also especially vulnerable to human rights violations..." It is the State's responsibility to protect incarcerated people; and WHEREAS, all people under the control of the State are entitled to the protection of the State. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: Section I. Governor Eric J. Holcomb is called upon to initiate a more robust and compassionate plan, similar to plans initiated by the Federal government and the governments of several other states. Section II. This plan should include, at a minimum, the following points: 1. Provide diagnostic testing and medical care for all COVID-19 related illnesses, free of charge, to all incarcerated persons together with those released under this plan.