opposing counsel within 45 days their plan to reduce the population and/or increase the facilities available to house committed persons so that future overcrowding may be avoided.
On April 29 and 30, 1976, the Court heard evidence concerning recreation for maximum security prisoners at both the new and old District of Columbia Jails. In response to the mandate of the Court of Appeals, the Court finds as follows:
1) No evidence was presented to the Court as to any dangers or risks involved in providing outside recreation to maximum security prisoners. In fact, at least two of defendants' agents testified that outside recreation for maximum security prisoners was possible. George Holland, administrator of the new jail, testified that recreation for maximum security prisoners was not a security problem but a matter of developing the appropriate schedules.
2) Moreover there was no evidence presented which would indicate that defendants do not have the personnel or facilities to provide outdoor exercise to prisoners held in maximum security.
3) On the average there are 136 prisoners on deadlock at the District of Columbia Jail. Of that number Department of Corrections officials estimate that 60 to 65 percent are pre-trial prisoners, five to ten percent are convicted prisoners awaiting sentencing, and 25 to 35 percent are sentenced prisoners. Department of Corrections officials also estimate that 20 percent of the prisoners held in deadlock are there by court order, 70 percent are there for their own protection, five percent are there at the prosecuting attorney's request, and one to ten percent are there as a result of disciplinary procedures instituted by the jail officials.
4) On the average, pre-trial maximum security prisoners who are charged with felonies in Superior Court spend eight to ten weeks in jail prior to their trial, and an average of four weeks between conviction and sentencing. Prisoners charged with felonies and tried in District Court spend an average of eight to ten weeks between conviction and sentencing. Prisoners charged with misdemeanors and tried in Superior Court stay in jail an average of twelve weeks prior to trial and two weeks between conviction and sentencing. (These statistics are based on court records and are applicable to all prisoners.) The Department of Corrections in unable to determine how long sentenced prisoners remain in maximum security.
5) Prisoners in orientation at Lorton get outside recreation three times a day three days a week and twice a day two days a week.
6) Maximum security prisoners at Lorton receive one hour of outdoor exercise five days a week.
7) At the old Jail maximum security prisoners are not receiving any outdoor exercise.
8) Juveniles at the District of Columbia Jail now receive one hour of outdoor exercise daily. This new practice will continue to be the policy in the future.
9) The new jail has facilities for both indoor and outdoor exercise for all prisoners. Maximum security prisoners at the new jail are presently getting one-half hour of indoor exercise daily. The administrator of the new jail is presently developing recreation plans for the new jail and intends to give maximum security prisoners at that facility outdoor exercise.
Accordingly, it is by the Court this 24th day of May, 1976,
ORDERED that, there being no just reason for delay, the Clerk enter partial final judgment pursuant to F.R.C.P.54(b); that a certified copy of this Memorandum and Order, constituting the Court's findings of fact and conclusions of law, be forthwith transmitted to the United States Court of Appeals as a supplemental record on appeal; and that this Court retain jurisdiction for the purpose of implementation of this ORDER.
William B. Bryant / JUDGE
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