Georgia prisons violate law against “cruel and unusual” punishment, federal investigation finds • Georgia Recorder

Conditions in Georgia prisons are so poor that they violate prisoners’ constitutional rights against cruel and unusual punishment, according to the U.S. Department of Justice, and the state is “deliberately indifferent” to the unsafe conditions.

A Justice Department report released Monday says a lawsuit from Attorney General Merrick Garland could be coming soon if the state doesn’t correct the problems identified by the Justice Department, which says there are a lack of staff – with vacancy rates above 60% or 70% at several larger companies. and more dangerous prisons – as well as a sense of the inevitability of violence among workers and leadership, contribute to “systemic violence and chaos.”

“It is patently clear, not only from prison staffing and crime levels, but from the widespread harm, that Georgia exposes the people it incarcerates to a significant risk of serious harm, and that (the Georgia Department of Corrections) policy and practice have failed to address the widespread problems,” the report found. “Georgia is aware of the significant risk of serious harm from widespread violence and sexual abuse in its prisons, but instead of addressing the violence, it has failed to take reasonable steps to address these unconstitutional conditions.”

In an email, Joan Heath, communications director for the Georgia Department of Corrections, said the department is “extremely disappointed” with the allegations, arguing that the DOJ ignored the efforts of state corrections staff and initiatives to improve conditions.

“Contrary to the DOJ’s claims, the Georgia state prison system operates in a manner that goes beyond the requirements of the U.S. Constitution. In short, the Notice Letter addresses the challenges facing prison systems in our country: prison staffing, violence perpetuated by inmates, and unlawful gang activity. These problems also plague the Federal Bureau of Prisons, the DOJ’s own prison system. Therefore, DOJ’s findings today reflect a fundamental misunderstanding of the current challenges of operating any prison system.”

“The GDC has fully cooperated with DOJ’s investigation and will continue to do so as we begin discussions with DOJ about next steps,” Heath continued. “As history shows, the DOJ’s record on prison oversight is poor, often leaving systems mired in years of expensive and unproductive judicial oversight. To give just one example, DOJ-initiated judicial oversight of Riker’s Island continues after eight years, despite the fact that New York City employs one prison guard for every inmate on Riker’s Island.”

The federal report includes descriptions of numerous abuses, including beatings, stabbings, rapes and torture. The report found that the homicide rate in Georgia’s prisons in 2019 was nearly three times the national average, and that “homicide rates have skyrocketed since then.”

The authors find that other serious and life-threatening incidents are “exponentially more common” and that more than 1,400 violent incidents were reported in Georgia’s medium and maximum security prisons between January 2022 and April 2023, and that the actual number is likely higher because incidents are not reported or incorrectly classified in reports.

In interviews at 16 of 17 prisons visited by federal investigators, inmates consistently reported seeing life-threatening violence and that guns were widespread. The report notes that Walker State Prison, a smaller prison in Rock Spring, with a more rehabilitative program and a higher share of security staff vacancies, was the exception.

In addition, gangs have “unacceptable levels of control over large parts of Georgia’s prison system,” and the Justice Department says the corrections department’s lack of a centralized approach to tackling gangs is exacerbating the problem, contributing to violence and criminal activities and poses a hazard. both for the prisoners and for the staff.

The report indicates that sexual assault and rape are “rampant” among inmates, and that LGBTQ inmates are particularly vulnerable. The Justice Department claims that Georgia’s corrections are not adequately screening or housing LGBTQ inmates to protect them from harm.

The report credits the corrections department with taking steps to fix some of its problems, including increasing salaries and creating new roles, but it says efforts have been inadequate to provide minimally adequate constitutional protections offer.