State won’t release more vulnerable inmates after split Supreme Court ruling

In a 5-4 decision, the Washington Supreme Court on Thursday denied a petition asking for a court order to release thousands of state prison inmates who are especially vulnerable to the new coronavirus, as well as those nearing release.

The lawsuit filed last month on behalf of five inmates by Columbia Legal Services asked the high court to appoint an independent expert to determine how many inmates need to be released to ensure social distancing at all prisons. The court majority said the inmates did not show “constitutional or statutory grounds for relief.”

Columbia Legal asserted that Gov. Jay Inslee and state Department of Corrections Secretary Stephen Sinclair violated the “cruel punishment” clause in the state Constitution that protects inmates from “a substantial risk of serious harm.” The attorney general’s office said there was no evidence to back up that claim.

Twelve inmates and seven staff members at the Monroe Correctional Complex have tested positive, according to DOC’s website.

Inslee already has used an emergency proclamation and commutation order to authorize the early release of about 1,100 inmates convicted of non-violent crimes.

Nick Straley, an attorney with Columbia Legal, told the nine-member court at oral arguments Thursday morning that more inmates should be released to provide social distancing.

Columbia Legal asked the court to identify all inmates who are 50 years old or over, those who have underlying medical conditions which put them at risk of serious harm or death from COVID-19, and those who have early release dates within the next 18 months or are currently on work release.

The Attorney General’s Office placed the number of inmates in those categories at 11,715 including 5,272 who have committed serious violent offenses such as murder, assault, and rape.

Justice Steven Gonzalez was joined in the dissent by justices Mary Yu, Sheryl Gordon McCloud and Raquel Montoya-Lewis.

“We dissent because while a writ of mandamus is a limited mechanism for providing relief, it may allow the Court to order the Executive branch to comply with its duty to protect incarcerated individuals and to implement its own protection guidelines...” Gonzalez wrote.

In an interview, Inslee said the state is committed to trying to reduce the risk of COVID-19 to state inmates.

“We take this obligation very seriously. These people deserve to have their health protected to the extent we can and we’ve done a huge amount of work to try to reduce this risk. But the risk is not zero anywhere in the state of Washington right now. You can’t totally eliminate the risk. I just want people to know I recognize that responsibility, no matter how the Supreme Court ruled,” he said.

Columbia Legal said it was “extremely disappointed” by the court’s ruling. Even without the continued court oversight that the petitioners requested, the law firm said it will continue to advocate for DOC to continue to identify people who can be released quickly, as well as to be transparent about steps taken to protect prisons from further spread.

“For example, approximately 3,400 individuals do not have a victim notification requirement and are within 18 months of release; DOC could expedite their release and thereby reduce the risk of harm to everyone. And the Court’s decision leaves vulnerable the over 4,600 individuals with an identified medical diagnosis, and the 3,700 people over age 50 (the age identified by DOC as at risk),” Columbia Legal said in a written statement.

Steve Strachan, executive director of the Washington Association of Sheriffs & Police Chiefs, applauded the court’s majority decision.

“A sudden mass release would have increased the number of new crimes committed, creating public safety concerns. Washington has a case-by-case release system to reduce inmate populations in response to COVID-19 and it should be maintained in support of public safety,” he said.

This story was originally published April 23, 2020 at 5:20 PM with the headline "State won’t release more vulnerable inmates after split Supreme Court ruling."