HomeMy WebLinkAbout20-15 COVID Resolution IIIIIiN..
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MAY 2 0 2020
Tim Scott South Bend Common Council j5 May 20, 2020
President 4th Floor, County-City Building CITY CLERK,buu i c; t ,IN
Karen L. White South Bend, IN 46601
Vice-President Re: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY
Sharon L. McBride OF SOUTH BEND, INDIANA CALLING ON GOVERNOR ERIC J.
Chairperson,Committee HOLCOMB TO INITIATE A MORE ROBUST AND
of the Whole COMPASIONATE PROGRAM FOR THE EARLY RELEASE OF
NON-VIOLENT INCARCERATED PERSONS MOST VULNERABLE
Tim Scott TO THE COVID-19 PANDEMIC
First District
Henry Davis,Jr. Dear Council Members:
Second District As you know, the entire country, including the State of Indiana, is suffering
Sharon L. McBride from a pandemic of Coronavirus disease 2019 (COVID-19). In response, the
Third District Governor has issued several Executive Orders intended to protect Indiana
Troy Warner residents from the pandemic. Unfortunately, those Executive orders do not
Fourth District adequately protect an especially vulnerable population, i.e. the populations of
prisons and jails. Furthermore, these people cannot adequately protect
Jake Teshka themselves due to the conditions in the jails and prisons. This proposed
Fifth District Resolution calls on Governor Holcomb to immediately initiate a plan to
Sheila Niezgodski provide the necessary protection.
Sixth District
The Resolution call for the plan to include ten points essential to the
Karen L.White protection of this vulnerable class, including working with judges for the
At Large immediate release of as many people as possible from the Indiana State
Rachel Tomas Morgan Prison system—in particular those 65+, those with underlying health
At Large conditions, those due to be released within the next 12-15 months, and those
who are low level nonviolent offenders.
Lori K. Hamann
At Large No one is protected from COVID-19 unless everyone is protected. Taking
the actions called for in the Resolution will protect not only incarcerated
persons, but also everyone in the community.
We therefore ask that this proposed Resolution be scheduled for consideration
at the Council's May 26, 2020 meeting.
Thank you for your attention to this very important matter. We look forward
to your support.
O
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South Bend Indiana 46601
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Sincerely yours,
Henry Davis, Jr., South Bend Common
Council, Second District(Sponsor)
Lori K. Hamann, South Bend Common
Council, At Large (Co-Sponsor)
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.
2. Work with judges for the immediate release of as many people as possible from the
Indiana State Prison system—in particular those 65+, those with underlying health conditions, those due to be
released within the next 12-15 months, and those who are low level nonviolent offenders;
3. Assign signature bonds to everyone currently held on bail or pretrial detention;
4. Guarantee conditions of release with the least restrictions possible, discouraging the use of
electronic monitoring;
5. Provide testing for everyone who traffics in and out of Indiana State Prison including staff
and personnel that work at the prisons;
6. Require the availability of sufficient soap and alcohol-based hand sanitizer for
incarcerated individuals without charge;
7. Ensure those released have access to trauma informed community-based services in order
to help stabilize their transition back to society;
8. Conduct a needs assessment in collaboration with social workers and community
organizations to determine what resources and support may be needed for individuals prior to release;
9. Provide free video and phone calls to individuals in Indiana Prisons until they are released,
in light of in-person visitation being suspended; and
10. Withhold the transfer of incarcerated individuals from one prison to another, and from one
cell block to another as this would do more to increase the risk of COVID-19 transmission than curb its spread.
Section III. The plan should be initiated immediately in order to protect not only incarcerated persons
and staffs at prisons and jails, but also the community at large which will inevitably be adversely
affected by the continuing spread of the disease within prisons and jails.
Tim Scott, Council President
South Bend Common Council