North Carolina agrees to release 3,500 prisoners as part of COVID-19 lawsuit settlement

(The Center Square) – The North Carolina Department of Public Safety (DPS) has agreed to release 3,500 prisoners as part of a lawsuit settlement.

The North Carolina State Conference of the NAACP, Disability Rights North Carolina, the American Civil Liberties Union of North Carolina Legal Foundation, four prisoners and an inmate’s wife sued Gov. Roy Cooper and public safety officials last April, demanding the release of COVID-19 high-risk prisoners and for prevention measures to be implemented.

The ACLU said the agreement marks the largest mass prison release in response to COVID-19 litigation. The settlement, announced Thursday, also requires state prisons to improve COVID-19 mitigation efforts.

“This settlement is a momentous achievement in the fight to protect incarcerated people during this public health emergency, but it does not end our advocacy,” said Leah Kang, staff attorney for the ACLU of North Carolina. “We urge the governor and the Department of Public Safety to do everything in their power to return as many people to their families and communities as possible during this dangerous pandemic.”

Plaintiff Christina Rhodes, whose husband lived at Wilkes Correctional Center, told the court that despite outbreaks in the facility, the dorms were overcrowded and the staff was not implementing public health precautions.

The DPS already has released about 16% of the state’s prison population since the lawsuit was filed. As of Friday, 28,680 people are incarcerated in the state’s prisons. The agency has agreed to release the 3,500 inmates over the next six months.

Officials plan to target inmates who have not committed crimes against other people and who are pregnant or are scheduled to be released this year. They also plan to grant early release to those on track for parole.

The DPS said it would provide vaccine education and incentives to prisoners and monitor outbreaks through COVID-19 testing. The agency has vowed to follow public health protocols such as social distancing and face covering, monitor facilities for compliance, notify families of illnesses and launch an anonymous complaint process.

“As indicated in the agreement, the department will move forward with the actions outlined over the next 180 days, most of which it is already carrying out daily,” said Timothy Moose, chief deputy secretary for the DPS’ Division of Adult Correction and Juvenile Justice. “We will continue to prioritize the health and safety of our staff and those in our custody as we navigate the perils of COVID-19.”

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