The Ombudsman received a complaint that the Department of Corrections unreasonably repurposed a special housing unit for COVID-19 mitigation and that staff and inmates in the same facility were not following masking policies. An ombudsman investigator looked into whether it was reasonable to use the special housing unit to contain and prevent the spread of COVID-19. Based on a preponderance of the evidence, the investigator found that the changes to the housing unit were reasonable and did not compromise inmate safety.
The investigator reviewed evidence that showed that correctional officers and module workers wore face masks and other appropriate PPE. However, the evidence also showed that a person who had tested positive for COVID-19 did not wear a mask. Based on CDC and infectious disease recommendations, the person should have been wearing a mask whenever they were outside their cell. The facility superintendent addressed the issue and resolved the complaint, ensuring that COVID mitigation policies are being followed.