Coronavirus: Gov. Kay Ivey urged to expedite Alabama paroles of older inmates amid outbreak

More than two dozen Alabama law professors and former law enforcement officers urged Gov. Kay Ivey on Monday to reduce the number of inmates in Alabama prisons, warning that a COVID-19 outbreak in the state's correctional facilities could create a “public health catastrophe.”

In a letter to Ivey, the signatories urged the governor to use her emergency powers to restart parole hearings with proper health precautions in place, and focus on the release of prisoners aged 50 or older and those with compromised immune systems.

“Alabama’s prisons are poised to exacerbate the already disastrous coronavirus outbreak,” the letter said. “Prisons are not islands; if an outbreak starts among the prisoners, it will spread to correctional officers and other staff, who will take the virus home to their families and communities.”

Messages seeking comment were sent to the Bureau of Pardons and Paroles on Tuesday morning.

Gina Maiola, a spokeswoman for Ivey, wrote in a statement on Tuesday that Alabama Department of Corrections Commissioner Jeff Dunn had been engaged in addressing the outbreak. The statement said the outbreak underline the need to reduce overcrowding and improve the current facilities.

"He has assured the governor that the Corrections system will do what is necessary to protect the inmates, correctional officers, other staff and the public," the statement said. "The governor’s commitment to reforming the Alabama Corrections system remains – both through the construction process to eliminate the unsafe conditions, as well as through the work of her Criminal Justice Study Group."

In response to questions Tuesday, a DOC spokeswoman said the department may be delayed in processing media requests "due to the temporary absence of key personnel."

Heather Elliott, a law professor at the University of Alabama who led the effort, said in a phone interview on Tuesday the letter was about inmates and "the safety of correctional officers, their families, their communities and the rest of us in doing what needs to be done to address this pandemic."

"If you think about the way the virus pandemic is expanding, places where people are forced to be in close proximity are breeding rounds for the virus," she said. "Unlike cruise ships and sporting events or a concert, where I can choose not to participate, prisoners are forced to be in this prisons and cannot do the social distancing required to prevent the illness from spreading like wildfire."

The coronavirus COVID-19 causes flu- and pneumonia-like illnesses in those young and relatively healthy, though some experts caution it is still more dangerous and intense than the average flu for many patients. The Alabama Department of Public Health reported 13 deaths and 949 confirmed COVID-19 cases as of Tuesday morning.

But it can be deadly, particularly in those older than 60 or with pre-existing health conditions, and asymptomatic people can still transmit the virus without knowing it, experts say. Alabama doctors and hospital leadership tell the Advertiser that Alabama is not equipped to handle a large influx of cases all at once. Social distancing and isolation measures must be followed, experts say, to "flatten the curve" or spread out the number of infections over time. If widespread infections happen too quickly, Alabama will run out of hospital beds and medical equipment.

Families of incarcerated individuals share the concerns expressed in Monday's letter. Corrections experts warn that the social distancing needed to prevent COVID-19 transmission is all but impossible in a prison. In Alabama, inmates sleep in bunks often close to one another. One inmate said 350 inmates share 13 sinks. Prisoners receive a single bar of soap and a towel once a week.

“I’m more concerned about when and if the virus starts there,” a registered nurse married to an inmate told the Advertiser earlier this month. “Will they treat their systems? Or even care? It is airborne and the fact they live practically on top of one another concerns me. Not sure how the infirmary will handle this.”

DOC earlier this month put a moratorium on prisoner transfers from county jails and has extended yard time for inmates to reduce the risks from overcrowding. Among other steps, it has also suspended most visitations; required temperature checks of employees entering correctional facilities, and put sanitizing facilities on an “increased schedule.”

Elliott called the DOC's measures "sensible, but insufficient."

"If you’ve got prisoners sleeping in dorms where they’re barely a couple of feet from each other, it barely matters how much yard time they get in the day," she said.

More: Alabama prisons block personal, legal visits amid coronavirus pandemic

At least one Alabama Department of Corrections employee has tested positive for COVID-19. It is not known if any inmates have.

The letter to Ivey warns that inmates age faster than the general population and may have the medical needs of individuals older than they are.

“There is overwhelming evidence among correctional experts, criminologists, and the National Institute of Corrections that 50 years of age is the appropriate point marking when a prisoner becomes ‘aging’ or ‘elderly,’ because people age physiologically faster in prison,” the letter says. “This, Alabama prisoners age 50 and over fall within the group of people especially at risk from the coronavirus.”

The letter also says that 40% of inmates nationwide have chronic health conditions, another high-risk group for the coronavirus. It also says that prisoners 50 or older are least likely to return to prison.

The Bureau of Pardons and Paroles on Friday canceled parole hearings through mid-April. The letter urges Ivey to use her emergency powers to resume hearings, “using appropriate social distancing such as video and telephonic participation in the hearings,” with priority given to inmates age 50 and older and those with compromised immune systems. It also asks the governor to address the needs of parolees for ID cards, Medicaid registration and housing.

All 25 people who signed the letter work in or have held federal or local law enforcement positions in Alabama. The signatories include former U.S. Attorney Joyce Vance and former Jefferson County Circuit Judge Caryl Privett.

Contact Montgomery Advertiser reporter Brian Lyman at 334-240-0185 or blyman@gannett.com. Updated at 12:58 p.m. with statement from Gov. Kay Ivey's office.