The Indiana Supreme Court handed down a decision this week that denies a request from the American Civil Liberties Union that would allow prisoners to be let out of prison who are at a heightened risk for severe illness or death from COVID-19. The request included early release of inmates who are within six months of their expected release date, reduction of sentences, place qualified inmates on home detention, or grant early parole.
The arguments cited state that the administration of Indiana’s prisons lie outside of the court’s emergency rulemaking authority, and the Indiana Constitution “precludes the court from taking the emergency action urged by the ACLU”.
In its 37-page analysis, the Indiana Supreme Court noted the Indiana Department of Correction’s effort in adopting policies, protocols, and practices designed to lessen the risks of COVID-19 in Indiana prisons. The court found that the DOC’s COVID-19 plan of action is consistent with CDC and Indiana Department of Health guidelines.
Six DOC inmates have tested positive for COVID-19 in the Indiana Women’s Prison in Marion County, Edinburgh Correctional Facility in Johnson County, and Plainfield Correctional Facility in Hendricks County, according to the Indiana Supreme Court’s decision filed Monday, April 6. The decision also states that DOC officials are working to isolate offenders as well as those who may have been exposed but are not yet symptomatic, and monitoring all of those inmates for symptoms. Further, the DOC is taking measures to be prepared with medical equipment and facilities to treat COVID-19 infections.
Beyond that, no visitors are allowed at any DOC facility in the state in response to COVID-19. The rule is also observed at the local jail facilities.
