ALC-Charitable, Penal, and Correctional Institutions

Thank you all for. The government for the first meeting. First I want us to. Jeff accolades to secretary Kelly issues excuse second I'd be here this the then but one of thank her for her work does she have given to the state and what us to the department of correction to amend a year less than about Hanson. Thank you missed school to open comment. The first item is the. Mr does the pain direct division of correction department of correction and solid review please come to the table. Director pain were you with the identify yourself and tell you are taller than you are recognized. Good evening my name is dexter paying on the director for the Arkansas division of correction from Solomon graves chief chief of staff our office of the secretary within the department of corrections thank you direct honest and you have open statement you like to give my give at this time yes Sir good afternoon Senator Stubblefield represent a feud in and other members of the committee I'm here today to represent the fifty two hundred our Kansans who report to duty every day for the Arkansas department of correction. The people working in a correctional facilities never consider the option but working remotely doing this health crisis in fact even before we heard of covert nineteen these public servants went to work knowing they would face a small minority of inmates who routinely throw bodily fluids on them and attack them verbally and physically. Just last week three offices in two separate incidents required emergency medical treatment at the hands of inmates. They work in a state of hyper vigilance knowing it can happen when least expected the threat comes with the job today however these same offices was a it to their list of hazards and hurdles not only do they risk contracting deadly viruses every time the points the clock they now week every day to news articles and columns that attack them in their leaders despite these challenges these men and women serve our state with bravery and compassion. They support their families by being a part of our correctional family we have many correctional officers who are married to fellow correctional officers married men and women who leave their small children it's one to report to work in this state spending make hot spots these offices are no less than hero no less heroes in our health care workers what our offices don't see the banners in front of their work sites declaring that heroes work here. Is the at the C. hurtful deadlines about unchecked racism and punishment by pandemic. The New Yorker story published last month get a disservice to these men and women the populations they supervise the communities they serve in the state of Arkansas the article contain numerous claims in accounts from inmates and former staff there were inaccurate in a stance you own unsubstantiated. The writer interviewed no one from the Arkansas department of corrections we learned of the story only after he was reading when a fact sector called our communications director. The magazine proceeded to publish the story even after the department alerted the fact checked checker to several factual inaccuracies you may to talk with the writer did so either by committing a class B. felony by using contraband phones or breaking rules barring three way phone calls the writer never follow proper protocol is by requesting interviews with the inmates institute of striving to be balance is publication made no effort to include information about the instance extensive actions the Arkansas department of corrections as taking to protect and care for both inmates and correctional staff doing this national health care emergency to date the department corrections has been more than a hundred and sixteen thousand five hundred dollars on covert response measures that amount doesn't even include expenses covered by the Arkansas department of health by the office of transformation insurers services and by we'll pass ill ill see our health care provider anyone who read article however would like to believe what appeared on page sixteen. Quote the division of correction has made only minimal steps to contain covert nineteen in quote the writer never asked the department corrections was steps have been taken but if he had we would have given her a decoration I provided in court findings that detail the more than eighty steps we have taken what the writer would not have had to take our word for word with minimal effort C. could have reviewed numerous court filings and other public documents that detail the many measures we have taken at the Commons unit in fact it would have been responsible and reasonable for her to interview impartial health experts who have done something the writer did not do and that's visit the coming June it. She could have talked to Kelly garner with Arkansas department of health who visited the come as unit on April seventeenth two value we clover response measures C. concluded that quote the department of corrections is working diligently to ensure the safety of its inmates and staff I am particularly impressed with the department of corrections ability to respond to evidence and information as it develops and changes plans midstream in response to the new information she also did not know that when the store was published the coming soon has substantially put cold in his rear view mirror with nine hundred nine hundred eighty eight of the nine hundred ninety one inmates who tested positive for Kobe at the coming soon have recovered. Not only did article feel to present a fair and balanced depiction of the department's response to cope with the writers you selective in inflammatory details from my time in Arkansas's correctional history that we today acknowledged was unacceptable a painful history we learn from. For example the New York The New Yorker writer describes black inmates picking cotton in the present tense C. feel to include the fact that nearly half of Commons inmates are white the fact that it is been over a decade since cotton cotton was harvested at the Commons farm and the fact that even the in the card was not big by hand. Without explaining the rep relevance the writer noted in the story that inmates Univ you were black. See did not however note that come in superintended on through coal closure department of corrections chief of staff Solomon gravies and myself are all African American. No it did not support her unfair narrative two to read as that superintendent coke laser and have work for the department corrections for over thirty years and first superintendent Cocos was the first and that superintend copays was the first female and the first African American superintendent assigned to the coming soon let me be clear I am personally insulted by her to big depiction of our department as racially insensitive and biased in fact I am reasonably certain that the writer did not take the time to even Google my name. No the store did not cap to defect that are doing the Arkansas department corrections team when I was not even twenty years so it did not convey the fact that I have never and will never consider working any place else I really wish I could have told her my story I think it is a good one that has an added benefit to including something valuable that her story seems to lack the truth. I want to you my remarks by thanking you for inviting us here today it is my sincere pleasure to talk to you about our team it is my pleasure because I'm so very proud to lead the team professionals who make up the Arkansas department of corrections it is true you would be hard pressed to find each out today who was stand up and say I want to be a correctional officer when I grew up. I she would not have predicted my career path when I was at so what despite all of our challenges even without a pandemic and relentless. Rule media attacks I can assure you there is no other organization I would rather be a part of thank you thank you very the pain of missed a great you have I know I it. I know some is ms chairman of realize there of multiple members have questions so we'll deferred balance of our time to hear from the members and to respond accordingly okay thank you to send us the bill you're recognized. Thank you Mr chairman of Mister decker used to there's fifty two hundred ploys how many of those employees tested positive or actively positive them. Okay Senator I've I can provide you that number and this is as of this morning I'm sorry as a close of business Friday within the department of corrections two hundred and fifty nine employees have tested positive that is out of two thousand three hundred and seventy eight we have tested at the recover them the majority of those have recovered two hundred and fourteen have recovered as of close of business Friday snow this does we had one it in one treatment staff within the division of community correction who passed away due to cold related illness but that has been the only fatality among our staff okay thank Mister Mister director yes Sir in your opinion what was. What would you think would be the motive of this prior to mislead the public like she did what was our motive for doing. I can't see exactly what her motive was but I know that Cummins has the inmate population that basically have a lot of time and I think that this was to see if a a dark story on the coming soon in the inmates down there that for my opinion were expecting us to do something is re such as release inmates from incarceration of that that's the only motive I can think of and I know that's of been part of the the legal issues we've been dealing with so in your opinion you you feel like this lady was there to write an article in order to get inmate released a that's my opinion I think I think to help their calls to what else could be. I have no what okay thank you yes thank you direction at all thank you center eleven. Right. Thank you Mr chairman thank you director pain and Mr gray serving here today can you tell us how many prisoners have tested positive sure of as of close of business day Friday. There we had been three thousand seven hundred and twenty eight positive test. But how many men does it eight thousand two hundred and fifty five okay and and that's among prisoners. Yes this density sticks. House under letting these these numbers are actually as of nine AM this morning at the Cummins unit ten inmates us a calm to cope with related illnesses five at the east Arkansas regional unit five at the Ouachita river correctional unit and one at the rand to Williams unit for a total of twenty one. Thank you I just wanna get those numbers square just to stack up against numbers collected by the Marshall project which is a non profit journalistic group that studies criminal justice right now even though the total is slightly lower than what you've just provided they have is at number five in the country in terms of total cases among inmates which is pretty shocking given the overall population of our state but perhaps more importantly more telling per ten thousand prisoners we are actually number one in the country so whatever faults there might have been inaccuracies in the New Yorker article I would guess that perhaps the writers motivation was highlighting what is obviously a serious failure in the state to protect inmates and staff who work in our prisons and is hoping hoping that you can sort of hi all right what are the biggest obstacles that you faced in trying to handle this pandemic because we know that it was inevitable secretary Kelly herself admitted as much a hundred and nine days ago the last time she was seen at one of the governor's daily press conferences and so we knew it was going to be a problem with it got into the prisons what. Should we have been able to do better what could be done better what's and what are some of the decisions we could have made differently or just what resources to the department of corrections need to better handle the pandemic senator let letting the first thing To your point about the Marshall projects numbers and I told I have not seen those but generally what we have learned about these numbers is that they don't always tell the true story in terms of even per capita analysis of Arkansas as cases have been address has been one of the states especially in the south that has aggressively been aggressive in its testing protocols in many states of they may only test is symptomatic positives and then they might not go the step forward of testing individuals who are a symptomatic but may have exposure they may just assume that if you are around someone you're going to be to you that we're going to treat you as a Kobe positive well in Arkansas we if we have a test in a barracks we're going to test that entire bear ex and then depending on the rate of positivity will likely going to test the entire unit so yes our testing numbers are higher our rate of positives a higher the majority the vast majority probably almost ninety percent of our Kobe cases remain a symptomatic for the duration of their period until they are deemed recovered by the department of health I just think it's important to tell the full story of our numbers specific to the challenges that secretary Kelly alluded to. On the front in we were aggressive in suspending visitation we were aggressive and key and limiting contractors late limit limiting nonessential department staff from going into our facilities we were intentional and reducing the movement within our facilities to only barracks by barracks movement in order to ensure that we're to the extent possible within a correctional setting limiting cross interactions among housing areas we've also been intentional to at the direct action of governor Hutchinson to identify twelve hundred individuals who the both the board of corrections in the parole board determined were in the public in the public's best interest to consider for early release and out of that population of twelve hundred ultimately the parole board approved right at nine hundred I believe nine hundred and seven four release consideration and of that nine hundred seven about seven hundred and forty as of mid point last week had been released And those are probably only about a half dozen of the almost ninety things that director pain alluded to that we were and we have been intentional in doing to respond to this call the pandemic outbreak it is unfair and it is untrue to For individuals who have a particular agenda to put forth to paint a perception that somehow the leadership of our department. I don't care about our staff and don't care about our inmates that is the absolute far this thing from the truth everyone who is here today representing the department of various forms have sacrificed of themselves personally to respond to cove it within our facilities and we will continue to do so okay Senator you can send a letter. Okay co test of a bill yes thank you Mr chairman of. Solomon of these twenty one deaths how many of out of that twenty one if any had some other serious underlying health issue that could have been attributed to their death. Interview okay I like to call okay. Part. Across. Approximately ninety to ninety five percent have had a coal current medical conduce sin B. on Kobe nineteen so almost all of them had some other condition. Yes Sir that would have possibly contributed to the death does a coal co occurring medical goodies speaks in that was pre rising that very well may have been triggered by Kobe nineteen do you have the do you have. That all documented this fourth what those conditions war could could we get a report of that I don't is that we would not be able under the HIPAA law provide inmates specific information but we could provide a summary of right generally what those comorbidities are I would like to see I would like to see that report thank you thank you Mr chairman thank you chair recognized robes and Colin. Thank you so you know as senator leading mentioned we are number one out of all states in cases per capita in our prison population and number five in terms of the number despite being a small state so clearly there's a problem somewhere in here there's something Arkansas's not doing that other states have managed to figure out and my question for you all as what are some things that other states are doing that we could be doing that would be better that would allow us to get this under control so we don't have to be the worst have you guys take a look at other states things that are effective things that you hope to put into place in the future. A direct a pain and I truly discussed this point this morning about other state responses all deferred to him on that point. Of. Okay now I hate it through any other state under the bus when I want talk talk about Indiana which is a similar lease of size state to to our Arkansas. Indiana has TST two thousand one hundred twenty four fenders which is probably twenty percent of what we've test. They had seven hundred twenty nine positives and you have seventeen deaths so there rate. If they have tested is much as we head. I mean it would it would changes of the stats on it so I mean we're doing more testing that's why we're having more positive that's it you can't help the I mean if you if you test more you'll find more positive we found that in Arkansas the more you test more positive you. Don't we test when we have people who are sick in the unit isn't that the the process that we test everyone when there's an outbreak at unit. No Sir we we've we've had a test of the inmate's prior to going on medical trips we test them nothing wrong with them we test them your positive we turn around a test entire beers because we want to get on it and I'll take it as soon as possible that way once we find out of any positive we have a negative we have we can separate so no Sir that's not necessarily the case so we don't test units when there's an outbreak yes Sir okay that was what I was off yes Sir yes acts. Who. Well I guess you know if I made that didn't really answer my question other things that other states are doing well that we could take and due to have a better outcome and better numbers here in our state that's really what I'm trying to get at. Nothing that I have found in and if I had I would implement it. In an represent you know at various staffing little levels director pain estate Terry Kelly are involved with the national correctional leaders disclosed C. ation and they're having a week Klay communications about this point I talked to one of my peers in other states on our jeep legal counsel is involved in conversations are calms directors by and large are responses our response has been consistent to bearing to bearing degrees meeting some states are doing one thing we're doing another state is doing another thing we're doing another state is doing another thing we're doing but by and large are our response has been consistent with what you would see to varying degrees and other correctional agencies across the country. Thank you Representative or. Thank you thank you Mr chair. On the What is the availability of among staff and also inmates as far as protection protective equipment is the is a universally is available yes we we get PPVs available for our staff of inmates have mass belittles available form they have of the the inmates have the ability to wash their hands of all day we have of dispensers out to dispense are of hand sanitizer form so we have things available for inmates as well as staff okay in light of all the evidence that has been bandied about about the effectiveness of masking the need for a statewide mandate. Does it not stand to reason that you would have an easier time of mandating the use of mass for the inmates in the institution as opposed to those that have been released and you really have no control. Yes Sir and we do mandate that when the inmate's leave out of that bears they cannot they cannot leave that bears without a mask all we tell them to wear the mask inside of the bearings. But I mean that's that's sometimes hard to control and we're and we're told that that is the best protection from the spread of covert nineteen is the masking you've made these available and you have to the ability to enforce that much more so than the seven hundred and four that have been released into the community yes Sir okay one of one last question on that and and you may not have this information since this is a community correction question but are there guidelines or. probationary requirements related to the seven hundred and for the nine hundred that have been approved that that they cannot congregate in crowds of more than ten that that they have a strict requirement to where Matt I mean are there some things that actually could force re entry if they did not follow these the get necessary guidelines. Surnames jury by the director went to ocean views me sorry. And who you are I'm Jerry Bratcher all the director Michael thanks so. All right yes Sir. I'm Jerry Bratcher all the director the division of community correction you're recognized thank you Sir yes Sir any any vendor that comes into our office and probation parole is required to wear a mask when we have we find that a unit has been positive that they may have been released from we ordered those individuals to go get tested in some instances where we have had on cooperative individuals we have put GPS on them and put them all home arrest so that so we have been fortunate quite strictly with the probably in pro professional population okay is that included in the list of violations that could actually forced them to be were brought back into the. I know there's certain reporting guidelines and that they're not you know not supposed to be in contact with certain individuals but have we added any code would related guidelines that if they violate those stay would be re car serrated there is a standard condition of cooperation which tell them that they must cut cooperate with any medical order so that covers that okay alright thank you very much thank you Mr chair thank you of them are of the book of Common Clowney. Yes. Thank you Mr chair at. Doctor Payne I appreciate you beginning remarks by stating that you're here um as Representative of the correctional officers they obviously need a voice before this body that obviously you've got to understand that the only you know when it comes to having went to prisoners themselves the inmate themselves having a voice and we have two things to rely on because they don't have a Representative sitting before us right now we have direct contact from prisoners and you know inside and their families and then we have numbers I will tell you that I as little as I'm sure a lot of members of the subcommittee have as well have heard and a lot of the things that were in that article corroborated and before the article and since its release and but beyond that in terms of numbers you're right the more we test the more positive as we find that's the goal we want that to happen right testing more is a good thing and I'm really glad that and that we're doing it the way that we are in Arkansas but the numbers that don't aren't as easily skewed are those death numbers right and and I Senator leading pointed out this death numbers are very high so I just want to pay you back on Representative Collins question in ask you I've heard a lot about what you all have done right but. Is your answer to his question that there is literally nothing that if given the chance you would go back and do differently or that you feel like maybe you can't do differently maybe with legislative support from here out is there anything that you would have or we would like to in the future do differently than you have so far. We'll the one thing that we learned eight Commons basically was are feeding process in and of I'm not sure if you know or not the inmates basically feed them seals they they they prepare the meals of three meals a day for the entire inmate population of doing of the outbreak it Commons of of covert nineteen the inmate populations refused to go to work he refused to prepare those meals and if if I had to do something over again I would have probably of prepare those meals at another unit at a different facility and that's that's what I learned from the Cummins incident that's basically what we done it east Arkansas what we done it ran to we I was will at that though the facilities we had an outbreak so that's the one thing that I did learn from the the covert nineteen experience I had no idea that the inmate population would stop cooking for them sales of its just like myself for you if we stop looking for us sealed we we won't he so it's it's a problem so that's one of the things that I would have Look at and I we've learned from that and grow from that and we've implemented measures and other facilities to help us assist with preparing meals. I represent clowning of mist Mister Mister if I may. F. From a treatment perspective A we also in the process now of Distributing Kay and ninety five mask studying the it the distribution of K. in ninety five mass to certain high risk populations within our facilities that is been a recommend a sin from our medical provider that will that we're currently reviewing also we are of implemented in a and I'm a have to make sure I get this term right oxygen concentrator. within our Field hospitals always refer to them as a field hospital one of the things that we're doing as a treatment protocol is not mixing does Kobe cases with our normal infirmary traffic within a correctional facilities and at units where we've had to stand up these covert specific infirmaries we are using a we are we have begun implement the use of oxygen concentrators for those inmates who are having acute respiratory incidents that don't rise to the level of requiring outside hospitalization but have improved our treatment protocols within the division to the director's point one of those lessons lessons learned throughout this process. Thank you to. If the. Okay. Quickly. Thank you Mr chair of a quick and so just a follow up is there any sort of because I'm I'm really glad to hear about this can ninety five mass for the high risk populations particularly since the make up a large portion of the death is you all thank is there any other separation of high risk populations within the units currently. Up basically at that the units we don't necessarily separate on at OR see you are aware of units are lined or see you is basically our our hospital or medical facility the majority of our inmates in the division of correction that have serious medical issues are housed at the or see unit over it in Malvern of Commons has elderly population so they have some high res the inmates also at that facility but basically we we separate about facility because we have we can provide better medical needs at those two facilities. The members I have all along with. Amendment one ACT questions that we wanted actual questions and. Amended to know we got a long list Senate bill if you're recognized. Mr would it we don't get all of our questions can we get back in the queue. Yes yes all right. Mr pain when you were discussed in the article from The New Yorker you indicated that the writer did not bother to know that you are ms call glacier and And I a yes Solomon out that the three of you are African American what your impressions of the difference that would have made had she known that. My my impression of the article is that she thought that Commons was of basically. Use utilizing Blackie Mason and being racist toward the African American inmates and that's definitely not true with the ward in there is African American is as well as I'm African American and Mister graves chief of staff is African American so what thank you for C. would have of ask that you would have known that the wooden probably isn't being races toward African American inmates. Do you think she was making a case about. Racism as much as she was about conditions in general. I think she was trying to make a case based on both think was both a thank you was race as well as the conditions at the coming June. So doesn't matter that the three of you African American. As far as the racial part yes ma'am no I'm I'm talking about about what happens in the in the in ADC doesn't matter. Well no ma'am we also be the firm fair consistent no matter what race you are. Yeah that's what I thought that's why I was wondering why that was a matter of discussion because I would think whoever you are you would be doing that because one of the things that I hear a lot from families is just about conditions without any allusion to the race of that of people who work there and what not because you because I I think there are things here that goes so far beyond that that may be set that's important I'll ask a two other quick questions and one is if either one of you would describe that that PP that the that the prisoners have because one of the questions I'm asking I know families are watching today and I tell them this is my opportunity to get some answers out to a bunch of people. But we've heard from from some of the prisoners there is that the masks for example that they have. Are very send made of T. shirts or whatever and they have to use them over and over and sometimes they've not been cleaned so if you would if you would speak to that I'd appreciate it yes well the up what they're using and and the the hygiene situation yes ma'am and in what we do we provide multiple mass for them so they can wash one where one of the mask is actually the mass that I we're everyday is this mask right here and it's I weird I mean this is the month same to you we make the inmate's mascot of the the inmates made this mess for me so I feel confident that the cloth mask is something that can protect you if not I would wear myself but we do provide those mess of and the inmates get more than one Maskell they can watch one and we're one and that's always been the case it's been that kind of mask yes beginning yes ma'am and not made out of anything sentencing moment this is the same as okay and about a settlement a symptomatic employees are are they still allowed to come to work if they are a symptomatic yes ma'am of the department of health is the clear to us to allow staff that are a symptomatic to work only with positive inmates so far staffed is positive they can only work with other with positive inmate populations of the they're not allowed to go to any barracks with negative inmates okay unless the I'll start with this one and get back in the queue Mr Mr chair but how are you able to are you able to distance according to the CDC guidelines or they have different guidelines for folks that are in prison it is the same thing as when we as those of us who are outside entry well what we try to do is social distance as much as possible of course we can't changed just pop in and change the size of a. Bear ex but we try to social this is much as possible we've even change the way the bay at the B. it's in the barracks are aligned so that he made basically if there's a heat here and a four year the person on the next beat we have the heat down here in the food here you know so so they're not necessarily breathing on each other and trying to put them at least six feet apart so of that's that's basically the social justice we've done of course we've released several inmates to try to decrease our population down to better help social distance but inside of a institution it's it's not the perfect situation for social justice okay. And and Senate senator that last point the director raised about hit the foot of Grange man is a public health recommendation regarding social distancing within congregate housing settings. Okay I I understand that I I know that Mr I'll I'll come back to this but all right I would you please let's talk about this later on about that might be what people are saying but is that what's okay a and what would you do what could you come up with to make this a situation that none of us would want to I would think that is an okay situation for. But one of us our loved ones. Okay thank you. to recognize. Representative Bruce. Thank you. You to both. Residents got. Thank you Mr chair just a couple quick questions following up what senator Elliott said about the in the staff who are working who were a symptomatic. Has Arkansas department of health been able to tell us if we're seeing their family members tested positive Chris or any kind of records or data showing that some of those people might have been able to go home and and possibly spray Kopet at their homes anyone know that. Red represents got no ma'am our cases are no different than freewill cases in that contact tracing is done on our staff of the results of those contact a thing I would be able to answer that question okay for eighty eight. Okay the next question and is in regards to funeral arrangements can you also speak to if the inmate has passed away someone reached out to me and they were just kind of saying that they're family member had a really short notice of when they had to come pick up that body or that it was going to be cremated I just want to see if you can just walk with their what the facts are and what the truth procedures are if someone unfortunately does pass away. Like a time line of notifying to pay up that the family how long they have to get there if they're not there and I don't have arrangements made what would be the process of how with their body be taken care of so the first thing that comes into play a in terms of death notification shins is The who has been identified as the designated contact for the inmate and there are times where an inmate will designate an individual who. May not ultimately be the one who is going to make those arrangements so there has to be some communications San within the family system which creates delays on miss communiques shins on there and there's also delay at times where a primary contact number may have changed there I can I know there been multiple situations specific to cope with this where we have had to enlist local law enforcement to actually go out and knock on doors to help us find a family member who who can make those arrangements but once they are notified and that notification send a new solely comes from the chaplain assigned to that unit that chap plan will tell that family member to contact if it's a weekend or after hours contact a medical services administrative the next business day once that family member primary contacts in a significant other who member it is. context the department they are given the choice of they are asked do they want to claim the body of board and make arrangements for a funeral memorial service than sales or do they want to leave the body with the state for the state to make arrangements if the state is tasked with making arrangements unless there is a document in religious objection then the department will cremate and then make the core mains available to the family if the family declines to accept the core mains then the department will spread the comings if there is a documented religious objection and the bow and the family the clients to Take the body in the state will bear the body at the at the cost of the state at a funeral plot that we contract with the south Arkansas. Okay one thing please yes yes okay thank you also for help me with a constituent issue this week also about the release of prisons prisoner's where we are with the process like what is the number for the next group of prisoners who have met the. If the stipulation is that the governor or whatever I'll put in place about non violent about being released back into society A because of the outbreak is there anyway yup and give us an updated number if you might now I know how many we have been released because Solomon has kind of been keeping up to date with that but is there another group that we're saying that's about to be released or close to I know I was alleged to represent Scott if you okay take the quiz I was actually having a conversation section with some of our research and planning staff last week on just that point to see if we were far enough down the road where identifying a no the group would be beneficial because the thing we have to be mindful love with utilizing the emergency powers act if you stacked them too close together you're really considering the same pool of offenders and you don't actually benefit yourself by enlarging the pool we are not at that point where we have identified a specific number bill once we do then I that then we will circle back with with the governor's office I with the board of corrections and with the parole board to see if we're at a point where we need to move down that road and do what to another round of releases. Thank you Representative rye. The other but. Thirty years yes Sir thank you Mr chairman of this chairman I'm just proud that. senator used to being not too long ago Senate senator of Bobby Glover's with us today and he always is law to to be here. And the just warrant thank you so much for everything he's done is a lot of things he's done a lot of different things since he got out of office and we really do appreciate him being here with you guys today. And you have a question. Mr Mr chair I to Glover thank you for prime is part of Wrobel I do want to and you know I'll I'm I'm I'm probably gonna get in trouble for this because he does very able to do it on the front end but of repose US senator Glover is vice chair of the board of corrections and he is here and that capacity to represent the board of corrections if there are any questions specific to the governance of the department thank you thank you very have former senator Glover out well but thank you for being here. Some of what you're recognized. Thank you Mr chair of your number question so I can get back into the queue all right thank you of. The director paying how long have you been director. I've been director of four it will be one year next week. Was there any thought. Of before the outbreaks of parole in high risk inmates of who had short sentences with non violent crimes. We do a well one year emergency powers act that's been in effect for for a long time so yes we do route we release in may thirty of article nineteen. No I know you're released inmates early prior to cope with nineteen but once once we had the cold with nineteen pandemic. Before we had the out break in any of our prisons did we look at releasing any. To relieve overcrowding except for of releasing any prisoners yes Sir that the process started prior to this have an outbreak it comes yes Sir. Okay. Of can you tell me about the process yes Sir it it takes of allow FOR the parole board to kind of collect the data collected actual number of inmates that could possibly be released so once we have that once we start the process of getting the names that met the criteria they had to be screened by the parole board that the screen by myself of as well as be it be an approved by the parole board so we start that process but if it took quite a bit of time to get those names and numbers and get that process completed. Did we speeded up later. What once we completed the entire list well we were allowed to start offenders go home that were ready had approved parole plans so was it was it was a one time list that we provided and once that this was approved incomplete we sent offenders home was as soon as they are pro parole plans were approved. Okay and so when did we when did we start doing this. Of I'm not sure the exact date were released the initial process started mid April we started releasing probably mid may When was the when did the out break with the first outbreak was where and when first can the first case we had was come in and also made a mid April mutilate April so what really started when the outbreak started. Does it actually bottle incidents the dates are lined both the conversations I and I know specifically because my division was the one that crafted the list the the conversation started within days prior to us becoming aware of the first case the comments but the case a Commons did not trigger those conversations had already but was mid April yes Sir okay. The the so do you know what triggered it and medical. So that wasn't the operate. US six to of conversations between secretary Kelly chairman failed the chair of the parole board chairman Magness who chairs the board of corrections and governor Hutchinson regarding the need for such a program and the structure that that program should take had there been any conversations earlier than that if there will if the worst Senator Clark I would not have been pre be privy to all my just know about. That you would do been privy to a drug plan no Sir the reason I ask is because the chair of the Senate Judiciary Committee called mid March to the executive branch and made that suggestion. Of that to relieve overcrowding. and was told that y'all so I assume that they had a conversation with you all had it under control of and that wouldn't be necessary. But you don't know anything then having discussions back that early. Senate send to now where there. What I personally aware that there were members who were advocating for that action yes. But in terms of actively working to identify of pools of offenders those conversations began within the department in early to mid April initially beginning with identifying inmates who had highways respiratory conditions and looking at their parole eligibility status and then proceeding and then progressing from identifying inmates to at high risk respiratory ailments to then looking at modifying the emergency powers act to look at nonviolent offenders within a six month time with a comma. I'm just wondered who was important enough to To get the idea moving. because like to the answer I was given was of we've got it under control but what we will be necessary to do this until coincidentally the time of the outbreak a Commons and. Thanks changed. I get from outside looking in and from somebody who got a very different answer. Center I'm sorry at all I don't have the answer beyond what we've already stated in terms of our time I do apologize okay because my follow ups of Mr chair of a lot of the questions I'll get back in the queue thank you. Absent often you're recognized. Thank you Mr chair Service. Doing something else and. When I pull back a minute here the. So. My question is In in response to cover nineteen you have inmates in barracks under quarantine is that correct yes Sir. How how long you keep those inmates in their barracks is I've heard reports that there's some that have been barracks for five weeks without having the opportunity to go outside. We'll even under the quarantine we we should offer opportunities for recreation so that that has the quarantine part is basically what the department of health is telling us the number of days but we steal we still recreation even do on the court so what every day they're allowed to go outside no Sir not every day of due to due to the number of inmates quarantine we have to basically plan it out and schedule it out so they're not going every day because they can only go one B. X. at a time due to being pointing so we we don't have enough time in the day or no staff to take them out every day. So I guess the question then would be how often is each very Creech inmates allowed opportunity to go out and. They have a very between you and facilities of a smaller facilities such as Randall Williams may be able to go out every day a larger facility such is K. Commons watched our river it may be every three days because of the size of the facility so at bare minimum couple times a week yes Sir that's what should be yes Sir okay well I'll I'll let my constituent know that and if if the. And if they're not if they're family members not being able to do that I need to contact you yes Sir okay thank you yes thank you Representative resident land letterman. Thank you Mr chairman. quick question here and I hope is coming before but. You're welcome of. You know the positivity we've heard a lot of numbers that I want familiar with and the number of cases you pad and our ranking in the nation but I know that you're doing more testing because you do a whole barracks when someone's positive so as a percentage of probably do a lot more than we are out in the community and in the community the number that I like to look at is the seven day rolling average of positivity and right you know that's were right around seven percent as the state nationally that numbers around ten percent so you know we're doing a whole lot of testing so I think that's a better calibration. do you know do you guys know what your positivity rate is on the testing and how that compares with other states. No Sir we don't we don't have that information at this time you don't track that no Sir. Thank you very much yes thank you senator rice you've got a quick question is it. All right answer question the. I didn't know was that Todd a timeline mission yes Sir at the moment on the committee is a member. It is good to see my friend center Glover back there's was mention. Solomon. Senator listen these questions is proper for committee to have. Oversight and questions to this is serious I appreciate that from all different aspects. But I just sitting here thinking do you know of a. Legislator currently are previously. That's ever been a employer former employee of the dark department of corrections. Personally Sir I am I am not aware I'm not aware center leverage I'll close thank god thank of that would have knowledge. Of of things and and as I'm going down to. On a promotional trip to. One of the. Prisons and as I went to. legislative meeting to that. I greatly appreciate your job in the seriousness of. I don't know wished pain yet look forward to get acquainted with you maybe someone I do get to business shall. But but that that is something that serious and it's easy to armchair quarterback. In again it's it's serious but I don't know of anybody in here will trade jobs. Did you all the. And while. I guess I'm the reason I jumped in the queue. Is to give you also encouragement. That we appreciate the job that you do we can all do our jobs better and I will point fingers at me and everybody else in the legislature. Is there anything that the. You know of That you requested from the executive branch are from the legislative branch. And again going back if you didn't know you didn't know but is there anything you requested that would have helped. In this pandemic up to date that you didn't get. Senate senator every request that I'm aware of that sake Terry Kelly director pain director Brad shot has made on behalf of their divisions or the department as a whole to governor Hutchinson and or or any anyone in his office has been for field as as directed Payne mentioned in in his opening comments to date we have spent in excess of eight hundred fifteen thousand dollars on Covin related expenditures that is a fairly conservative number that when we were talking to this Friday we all feel comfortable is probably closer to a million dollars and governor Hutchinson has made clear to our leadership that cost is not a consideration when it comes to responding to cope with within our facilities we have a moral obligation to care for our staff and to care for inmates and he is supporting us as we move forward with doing that I appreciate you sharing that and and all lines reported. With their incarcerated with their their unborn. Regardless and we want to help any way we can appreciate you off again thank thank you Mr thank you represent a god for them to go to back to senator Elliott. Thank you Mr chair thank you both for being here and similar to send senator rice I definitely appreciate the work you've been doing and no it's no easy task and I hope I hear you say that you regret the losses that the inmate and the stuff that you have that you have passed away and fortunately and one thing that cover nineteen has taught all of us is that we all have opportunities to reflect on the work we do and to improve not only and in government institutions but really as leaders in general and and all institutions in our society and so I'm just wondering in what instance you would appreciate critical feedback you didn't appreciate the article from The New Yorker that was critical and I know Mister graves back in the session there is an opportunity to and to have an external audit of the department of corrections that you opposed and so I'm wondering under what conditions you would welcome critical feedback and oversight of the division. Well I'll specifically to the New York article the issue is. Not that it was critical you know I am very proud of the Thomas been is comms director for ATC I have a great respect for the members of of the press and and I. Feel and I have advocated and me clear internally that they have a job to do and as a leadership our job is not to throw up obstacles but to be transparent the issue with the New York article is that it is and not what I would style as journalism that was an editorial piece that rider had a particular bias an approach that she was attempting to advance and made no attempt to be fair nor balanced in her reporting of that is why you know are we have strong opinions about that article why our entire leadership has strong opinions about the article specific to the piece of legislation send that senator Elliott champion during this session as as she will say the chairman Magness was very clear that he was not opposed to the concept but a prose to the approach and had the board Ben looked in on the front and in terms of the structure of that review who would do it what they would look at their their position and the position of the and administration would likely have been different on that piece of legislation. Senate clarify it just any feedback or oversight or criticism. Is welcome as long as it's within your parameters are within your definition of what you it would be accurate to say that we are more than willing to participate in a news article or legislative oversight at any time I don't know that we've ever denied a member's request for information I don't know that we've ever declined to attend any meeting or not returned text messages or phone calls because I I personally believe in direct pain I know does as the sect secretary Kelly and our entire leadership team that we are partners that we all have a role to play and protecting the public safety and that no one person at the table has all the answers but I think it's important that whatever the process is that it is collaborative not one that has a predetermined outcome or of pre did predetermined framework but that is collaborative for all parties involved thank you thank you Mr thank you the center of it. Thank you Mr chair I. I'm gonna use I guess my some of my time Mr chair to respond to a something that Mr gray's just said what to whom I want to apologize because I was mentioning all through your name two minutes ago I'd call you Solomon the others Mr because it just blew my mind that's a business then come to my monitor I will say only four nine times out was the right idea list yeah college freshman so is my office and you cannot sleeping class of that kind of thing but here here's what I want to say that about this Mr grades what you just said about my legislation I cannot speak for what you were told her told but I can say with out equivocation it's absolutely on shrew if that's what you were told at no point at no point did I know that anybody from a DC was against that legislation and said to me if we can be a part of that we might we might be off for all I ever knew was when I went to went to the table to propose it folks were gas it at that point is really that question about at what point would you take create a critique is really important because the point of that legislation was for all of us to sit down together not as a hit piece. But you have to believe everything is just perfect and ADC to not want us to be a part of helping you do things better. And it is absolutely an untruth that that was the reason that ADC was against that and I am not saying that you are a lawyer because I don't know what you were told but I can tell you flatly it is not true and the question that I want to ask on this here is. When I ask about the distancing and I I I just don't want anybody to to misconstrue our words that because we have questions or even a critique that we don't appreciate what you do because we do I don't want your job. nobody in here who does and that's not the point but I think as legislators and the reason I have the legislation because I know there are things there that we could all do better and that was a cry to let us help not let us hammer hippies so when I ask you about the distancing I am not believing you for the way things are now in the system itself that's not the point the point is thinking about this thing and a whole big picture I always think about if this is somebody I love and I sing we all see these folks as humans like everybody else does it is not okay if it's me if it's you that all we can do is have them head to toe. Because of the conditions that we have and that's one of the things I wanted to ask about it's not a criticism that that's what you do the question is what are some things we could do moving ahead that we don't have to do this to the people who are in our charge for example I know in some places A folks out I ask we use the Berrics I think with some the National Guard or whatever they came up with other ways they put up tents and things of that nature so that we could properly distance that's what my question is about is there some other way that we thought about this that we could distance people the same way we are right now in this place of distancing ourselves why we doing that if if we don't need it we ought to be sitting right on top of each other I just have that in one more question okay okay or to answer that of doing that during our outbreaks we have the space dowdy meets as far as we could we've utilize libraries we utilized gymnasiums we've utilized Holden seal we've we've based people out of as far as we possibly could of I and for as far as which is in about of our criticism or advice I accept any advice if you can give me advice on how to do it I will gladly accepted but we we're doing that the best we can to to social this so I. Totally appreciate that is best what is important to for everybody understand is not about beating up on ADC yes it's about our responsibility what we need to do and so much of what we need to do we can learn from you but we can also learn from other folks what they're doing so is it that does to what extent I think is the issue should we think about pretend of the pandemic is not here what are the conditions inside our prisons that we ought to be thinking about that could be better so that when we do see things like this we have more options and if everything is great the way it is that we like it just the way it is. That's fine but that's just not the way so many other people are doing it who are you know getting better results in moving ahead and I just want Arkansas to be a part of the cutting edge that is it and that's all I'm trying to get to and my last question has to do with these masks because I heard so much about it who determined that these mask are are of the quality that are. Are in good enough I guess inside the inside the the the prison that these are the type of mask you ought to have as opposed to something kind of like the the mass the gentleman behind you is wearing the determine that the pattern that was used to manufacture the mask that director pain is wearing this afternoon was actually take and from a mask that is worn by our medical staff saying. Patterns structure or the the so the amount of the face that it covers is not did we folded a piece of cloth and ran a piece of elastic to it but we took a mask that is used by medical staff and our correctional industries cut a pattern to match that may I ask who who who had I mean what I'm asking is what body CDC people there at the at at ADC who determined that goes on up what I'm what I'm thinking about is do you wear that mask the same one as they do that's a real different thing from I live inside of this this P. through this every day that's what I would like to know. I ask about quality. Who decided that was good enough for people who live in this twenty four seven we went we basically went off the recommendation of CDC to wear a cloth mask and that's the recommendation CDC is given. From day one is is to wear called masses better so what will this will provide a cloth mask. Okay I guess what I'm getting at is there's cloth mask in its cloth math is there any kind of particular criteria for the cloth mask that I would soon assume maybe wrongly would be different for me as a person who's walking around whenever I want to. As opposed to the person who's and saw eight of this play most of their time living in this environment so thank CDC NADH everybody recommended the use of cloud mass but in terms of the thickness and we use and all that there's no no guy and specific to that portion of the cloth mask directive and I think that's where the concerns came from with that with a our families I heard from because I just heard so much from families to prince were concerned about that I'm not so concerned about you are because you don't have to live there this time but the folks who were there all time and I don't may not concerned about your I don't care about your health but what I'm saying that's not your environment all the time so please don't take it that way and I'm not so concerned about me because that's where I am either same thing that's all and so I think if we are thinking about things in a and I'm just in a more. Critical but not criticizing way we can have better conversations and and because I'm a teacher I was a teacher for years I know what it feels like when someone is costly trying to tell me how to do my job I'm not trying to tell you how to do your job I'm just expressing the concerns that I that I have based on what I tried to do last session that was frustrating and we didn't even want to have that discussion because I was told everything was perfect and just the way it ought to perk and I doubt that's true with any of us especially an institution as difficult and complicated as the ones that you are running. Thank you Mr chair thank you senator Elliott represent a Colin. Thank you and and you all started talking about the New Yorker article and I understand that you didn't lie appreciate the article and thought it was unfair and slanted. In yet the New Yorker is in our highly regarded publication rigorous fact Jackson cetera in the article has gotten a lot of attention is there anything you putting aside what you felt was unfair about is there anything you felt like was fair and you could except as information you could be used to improve things. Absent callers I I and I don't say this to be flip it or live in anyway but no Sir I think back on the four pages of of revisions we asked them to make to that article addressing close to sixty different points that weren't easement that one addressed or even acknowledged So no Sir I know you know I think it's fair to a look at the difference and the. Quality and the content of professionalism in which are in state journalists have approach their call the Coverage verses what I would consider to be a sensationalized editorial the the issue is not Coverage or holding the department or the division accountability of holding the division accountable it is the fact that this reporter had a obvious bias had an obvious agenda and made no attempt to in my opinion do what is a basic tenet of journalism and that is present all sides of the story. Do. Thank you and with the last one to Senate the claw representing closes out. Thank you Mr chair. Of. Rector pain do you know of any this have there been any discussions of any this. Of. By employees or otherwise attributed to cope with nineteen. That. Staff or otherwise did not think should be attributed to covert nineteen no Sir not to my knowledge. Not been made aware by anyone no Sir. Thank. Okay. So much for calling governor's office. Has anyone from the health department CDC. Anywhere explained offered any explanations what cope with nineteen spreads to a prison so quickly and let me before. Before you answer that are I have no doubt. That you and people in other prisons and other places we're trying to prevent this rapid spread. But like wall far. And so there's got to be a reason other than things that you might at may or may not have done wrong there's got to be a reason why in that environment and I don't think it's the only environment that is spread so quickly has the have any of these experts offered reasons for. No Sir no no particular reason for it and if and if I could I would like to kind of go back to your first question sure we did have a and offender who of. Was to seize that we didn't know whether was covert or not we do have one that's out there hanging in a I think this this basically your question we have one that with we're trying to find out exactly what happened with him he was a young man of who did not have basically underlying issues so there is one that we were of. Trying to figure out exactly what happened with him the one I reported had serious underlying issues of. And was reported to me by a staff. And I reported to the governor's office for. For them to look into so I would have thought they would a directed it back deal. Okay. Okay maybe they will now. I could go more in depth of I was just trying to cause problems but I'll give you all time to find out about it. Yes back to my second question is no one has. All none of our experts health departments CDC no one has offered any explanation. Of. One. That in an environment because it appears that in a closed environment whether it be a present or a nursing home. That this spreads like it spreads no where else regardless of how hard people work to try to stop it no none of our exports that's got as were in masking everything else have been have offered anything on the subject. Well of course the offer the information that you get your relaying that you will street in an enclosed environment such as a prisoner nursing home we we're that they've offered that information to was officials from the Arkansas department of health if offer that to us they have been offered anything like it could be. The air AC units the I mean I don't know I'm just a because it because again I'm not blaming you all the A I'm not saying anything wrong but are up I mean I watch prisons across the country and obviously you're trying to do your job as well as I'm trying to my job so I know this is had to be very frustrating. Two is to have these cases common and spread the weather spread and I know if you had an answer you would have you would have used it so coming back to our experts none of them I have been able to to help with that. I want to refer to my medical Vendor known. This is Donna Gordon sees what we'll pass. Mister over to a the amendment Tallinn you're recognized to speak. My name is Donna Gordon and I'm the regional vice president with well Pat the medical contractor for the department credit create you're recognized some of the claw thank you did you hear the question yes Sir I did so there's a lot of information out there on the CDC website the talks about the spread of the virus in congregate settings and although they don't steal don't know because we are still so early in the process of trying to gather data and information all four coded nineteen that they're still recommendations that come out so when we first started you know what it was don't where the face miss them where the face mask and the where the don't where the face bursting yes it helps no it does it so there's there's a there's still so much more that has to happen so we can figure out about the spread of it in the science behind could be at nineteen but it is very obvious that in in this prison as well as in prisons across the country and in nursing homes it the enclosed areas it just spread like wildfire since you brought up mass. Have the same to make a difference in prison and over for that back to the two gentleman to but you're the health experts so I'm I would be afraid of what it would look like if we didn't use the mask from the very beginning. So we don't know how much worse could it low. It could look a lot worse. In. My opinion in my medical professional opinion. Okay there's only to pass of the time so we won't know but. It. Here is pretty bad still. Okay. We don't know. Thank you. Of. DO are. But the. Our question was asked earlier about staff this a symptomatic staff having up being able to come and work with prisoners who were positive. Has staff anywhere been compelled. to come to work were positive. Yes Sir we've had several staff volunteer to come to work there were positive volunteer compelled or two different yet yes Sir in times of need we have asked our staff that were not symptomatic. To hold a post at more than one of our facilities. How does the family fund at the health condition of an inmate because obviously people or word. Of what I've done early at the facilities is if the phone restrictions for all inmates so the imei himself or herself can call their family and notify them the the family can contact our health department at central office for information. But both of those eleven news we have well I appreciate that we had some very early on that were that had some difficulties but. But if you all done that I appreciate it of how did Covin nineteen get into the or so you. Sir I I I don't know I'm not sure what inmates transferred in. No Sir. Okay okay a kennel. Eliminate that are. Release that you do not. All right thank you Mr thank you German thank you revs on that I'm sorry I had it as the you came in late so you got that a second go ahead. Thank you Mr chair go is it is a short questions for Mister graves in response again to the New Yorker article missile answer quickly the number of times how this reporter just clearly had an agenda and a bias but I if you've explained what that a gender biases I missed it and I apologize I think it is of clear yeah in the presentation San of the article that there is a obvious look view of corrections as a profession that is less than positive. Of all states one come after Arkansas. So the leading Ivan that would be a question. Was the last thing I'll just say it real quickly just for the benefit of the committee for everyone hundred thousand black or cans and they're more than twenty four hundred in prison for everyone hundred thousand Hispanic I can't since there just nine hundred and fifteen for everyone hundred thousand I can't into look like me they're just five hundred and ninety three and I don't think this disparity has anything to do with the fact that any one group is more likely to commit crimes so I can see where reporters elsewhere in the country might look at Arkansas as having. Some kind of problem in the way that it addresses how it incarcerated people thank you Mr chair thank you direct the pine Mr gray's. I will send it out for the wow so the fly I mean represent flowers if you need. Our. You have thirty seven going to. Zero hello thank you Mr chair. are I wanted to make a comment because I. Was interviewed for the article and had no idea. what I was going to read When the article came out. And like many people and many family members I was concerned and disturbed but that's not new because I have been in very close contact. With ATC and I wanted to make the point that ABC has been very responsive. To me when I have had questions when I have it issues and concerns based upon family members calling. And and I and I want to echo what senator Elliott said that obviously there are some things that have happened. That are of concern and that is a problem for the state it's a problem for families it's a problem for inmates staff administration the whole month the whole nine. And I'm going to repeat something that I have said to director pain and that is this. This disease and this virus. Are extremely extremely contagious. I believe that. Had we and if we work continuing to test it would help us manage better and mitigate. I think based upon what I've seen heard and read we have not done so. Because no one's been able to do so testing. Initially was very very sparse and unavailable to us as well as other states. And as a result the tests have been rationed. And that has harmed us in this state that has harmed individuals outside of congregate living circumstances and most certainly and obviously according to the numbers it has been very harmful to those living in congregate living circumstances. Understanding that as information about the virus and about Kobe nineteen has changed. We do know that it is airborne. That talking and breathing spreads the disease we now know that based upon studies that I don't know that they were peer reviewed yet. People who are a symptomatic. Have a higher viral load and are more likely to spread the disease. And that densely populated areas whether they are congregate living or in. Highly populated cities. Or more likely to see a very fast. And detrimental spread of the disease. If we know that it is incumbent upon all of us to ensure that ADC has the resources they need. So that they contest broadly and widely. I have gotten two phone calls regarding to companies in my district. Where there are few people within a company which within each one of these companies. Who have tested positive. And I have shared with them that I will help them. Get the resources and the assistance they need to do a broad. Company wide test. If we don't compel and urge and help our companies are agencies are nursing homes to do better. We are going to see worse and people will die. That's it thank you. Would you agree thank you. again Mr gray's then direct the paint thank awful come in be sure to pass on to good thing that they're it tell that I hope that she of whatever this you decide to do we wish her well and her departure that's not a more for the committed committed Mastana Joan.