The governor has issued a supplemental state of emergency proclamation. A breakdown of the SOE is below.
Governor Ivey’s Eleventh Supplemental Emergency Proclamation
- Overview: This proclamation seeks to prevent and mitigate the challenges of COVID-19 in state correctional facilities by ensuring that inmates arriving from the county jails will be processed according to prevailing medical standards (specifically, a 14-day quarantine period)..
- The proclamation addresses the concerns of the Department of Corrections:
- It ratifies the 30-day moratorium on inmate intake Commissioner Dunn announced on March 20, 2020.
- It directs the Department of Corrections to “develop and implement intake procedures appropriate to the COVID-19 public health emergency” and requires county sheriffs and jails to maintain custody of state inmates until they can safely be transferred to a DOC facility under the new intake procedures.
- The proclamation also addresses the concerns of counties and sheriffs:
- It ensures reimbursement of counties for their additional costs in housing and providing medical care to state inmates.
- It provides liability protections for counties, sheriffs, and their employees against claims arising out of their additional responsibilities under this order.
- It reiterates Governor Ivey’s commitment to theBarbour County consent decree and her desire that DOC resume intake to pre-COVID-19 levels as soon as practicable under the circumstances.
- Ultimately, the proclamation is based on the idea that, legally and practically, state and county detention facilities act as players on the same “team.”
- Paragraph A.2 explains actions our State has already undertaken to assist county jails in addressing the challenges related to COVID-19.
Paragraph 5 explains the legal and practical reasons the State and counties must cooperate on inmate-intake issues.