DOJ finds ‘unconstitutional risk of harm’ inside Georgia prisons

This week, the U.S. Department of Justice released a scathing 93-page report on Georgia state prisons. It suggests unsafe and unsecure conditions inside Georgia Department of Corrections facilities.The DOJ first began investigating Georgia’s state prisons in 2016. It initially started as an inquiry into whether the GDC adequately protects those in the LGBTI population from harm.”In correctional settings, LGBTI people are at an increased risk of victimization, sexual abuse and physical harm,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. ” In 2021, the DOJ expanded its investigation to include protection of all incarcerated persons at Georgia state prisons from violence.”Our findings yield a prison system in crisis. Most disturbingly, our findings show that the men and women in our state prisons are dying at an alarming and unacceptable rate,” said U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia. “We uncovered longstanding systemic violations stemming from complete indifference and disregard to the safety and security of people Georgia holds in its prisons,” Clarke said.The DOJ said its findings led them to believe the State of Georgia and GDC are violating the eighth amendment, which protects people from cruel and unusual punishment.”Georgia’s failures create an unconstitutional risk of harm,” Clarke said. “Time in prison should not be a sentence to death, torture or rape.”When it comes to homicides behind prison walls, the DOJ believes the numbers are significantly underreported but still, Clarke said, “The rate of death by homicide for incarcerated people in GDC custody was almost three times the national average.”The DOJ report states much of the violence behind prison walls can be attributed to a key factor.”Severe staffing shortages are one critical part of the problem here,” Clarke said.Right now, the DOJ says correctional officer vacancy rates in the state sit at around 50% systemwide.”We have an inadequate staffing model, we have inadequate supervision,” said U.S. Attorney Peter Leary for the Middle District of Georgia.Investigators say without proper oversight, extortion schemes, violence and gang activity run rampant.”Gangs control multiple aspects of day to day life in the prisons we investigated, including access to phones, showers, food and bed assignment,” Clarke said.The report also details unsecure conditions inside the facilities. It states, “in many instances, door locks are inoperable or manipulable.”The DOJ’s report also claims not enough is being done to address the flow of contraband into state prisons. The report states from November 2021 to August 2023, the GDC recovered more than 27K weapons.”The flow of weapons and other dangerous contraband is there every single day,” Leary said.In response to its findings, the DOJ has issued 82 recommendations. Their hope is the recommendations will help the GDC resolve all of these issues.”We look forward to the work ahead, to working with officials to swiftly remedy these constitutional violations,” Clarke said.WJCL 22 News reached out to the GDC for a response to the DOJ’s report. A spokesperson sent us the following statement:”The Georgia Department of Corrections (GDC) is extremely disappointed to learn today of the decision by the Department of Justice to issue a Notice Letter leveling a variety of accusations against our prison system. The Notice Letter fails to acknowledge the extraordinary efforts of our staff – from corrections officers to nurses to vocational trainers – who have dedicated themselves to the care and rehabilitation of the inmates in our prison system. The Notice Letter also ignores many of the successful initiatives undertaken to improve conditions inside our prisons for our staff and our inmates. Contrary to DOJ’s allegations, the State of Georgia’s prison system operates in a manner exceeding the requirements of the United States Constitution. In short, the Notice Letter focuses on the challenges faced by prison systems across our country – correctional staffing, violence perpetuated by inmates, and unlawful gang activity. These issues also plague the Federal Bureau of Prisons – DOJ’s own prison system. Hence, DOJ’s findings today reflect a fundamental misunderstanding of the current challenges of operating any prison system.The GDC fully cooperated with DOJ’s investigation and will continue to do so as we begin discussions with DOJ over next steps. As history demonstrates, DOJ’s track record in prison oversight is poor – often entangling systems in years of expensive and unproductive court monitoring. As merely one example, court monitoring instigated by DOJ at Riker’s Island remains on-going after eight years, despite the fact that New York City employs one jail officer for every inmate at Riker’s Island. Finally, we want to thank all of the men and women who dedicate themselves to our criminal justice system, especially as we recover from the devastation brought by Hurricane Helene. We will continue to support them in our mission of maintaining the safety of our communities across Georgia.”The DOJ has indicated that if state officials do not address its concerns within 49 days, the Attorney General may initiate a lawsuit. To read our previous coverage on Georgia prison violence, you can click any of the links below: Violence in Georgia prisons: Advocates raise concerns, share videos’Fighting for your survival’: Former Georgia inmate stabbed in a state prison calls for changeGeorgia prison problems: 911 calls reveal violence at Rogers State PrisonWhat caused the most recent inmate death at Smith State Prison? WJCL 22 investigatesRally to take place at Governor’s Mansion following death of Georgia corrections officerGeorgia Department of Corrections Commissioner responds to prison violence concernsAdvocate responds to GA Dept. of Corrections Commissioner’s statement about prison violence

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