Colorado Department of Corrections Reaches Settlement with the ACLU

Today the Colorado Department of Corrections reached a settlement agreement with the American Civil Liberties Union (ACLU) regarding the COVID-19 related lawsuit filed by the ACLU in May.

During the course of settlement discussions, the CDOC welcomed the opportunity to share information with the ACLU to demonstrate the operational changes and diligent work taken by the Department to mitigate the spread of this virus, which includes the adoption of a pandemic response plan consistent with CDC guidance.

“We view this as a win for the people of Colorado,” said Colorado Department of Corrections Executive Director Dean Williams. “This provides our Department with some additional tools to combat COVID-19, including access to the advice and assistance of an expert in the field, which is something that we were contemplating doing regardless of any lawsuit. The settlement also reaffirms that CDOC is on the cutting edge and taking appropriate preventive measures to protect inmates, staff, and the community.”

Most of the provisions that are formalized in this agreement had already been implemented by the CDOC during the last 8 months in managing the pandemic including:

·        Conducting robust surveillance testing for both symptomatic and asymptomatic inmates.

·        Providing all incarcerated people free masks and soap, and requiring all staff to wear masks.

·        Increasing the already robust cleaning protocols and providing additional cleaning supplies to the inmate population.

·        Providing free medical visits for COVID related symptoms without any co-pays.

·        Engaging in extensive medical records review to assess vulnerable populations and prioritize their access to single cells.

·        Conducting audits of facilities to ensure compliance with COVID-19 prevention policy and protocols.

·        Providing reasonable access to facilities, outdoor recreation, and legal materials during COVID-related lockdowns after testing and cohorting has occurred.

·        Sharing information continuously on the public CDOC website at https://www.colorado.gov/pacific/cdoc/covid-19-faq-and-updates

Some of the new provisions from the settlement include:

·        Retaining an independent expert to advise on policy and procedure related to identification of medically vulnerable, high-risk classifications and COVID treatment protocols.

·        Allowing ACLU counsel to participate in CDOC’s already established and ongoing COVID audits.

For additional information regarding CDOC’s COVID response please visit the website at: https://www.colorado.gov/pacific/cdoc/covid-19-faq-and-updates

Dan R