judgment the Department is joined by virtually all expert opinion in the field. The reason for this unanimous condemnation of double-celling is that, unless administered under optimal conditions, it poses a substantial risk of dehumanizing and punishing the inmates. It was in order to avoid this risk that Central, along with almost every other modern jail, was designed to accommodate only one person in each cell.
The imposition of double-celling will inevitably place new pressure on the individual inmates at Central and on the institution as a whole. The court's restrictions on the use of double-celling will act as relief valves to bleed off some of this pressure. But the court notes in passing that foreseeable increases in the inmate population at Central will soon close off these relief valves. As the percentage of double-cells at Central increases, it will become more and more difficult for the Department to rotate detainees out of the double-cells within 30 days. Similarly, as the number of prisoners using the dayrooms, gymnasiums, and other common areas grows, it will become more difficult for the Department to separate cellmates for 12 hours a day. As the pressure mounts, the Department will once again find itself confronted with an overcrowding crisis. As a matter of fact, it appears that the time is fast approaching when the Department will be unable to comply with any constitutional standard. This could lead to results that none of us want to even contemplate.
At an earlier point in this litigation, this court observed that: ". . . More energy is devoted to pointing up excuses than to creative efforts to deal effectively with a problem which obviously is here and is not going away of its own accord -- the new Jail notwithstanding." Campbell v. McGruder, 416 F. Supp. 111, 114-115 (D.C. 1976). Though well aware of the difficulties faced by the Department and the local government, the court continues to believe that these difficulties can be surmounted with long-range planning and continual monitoring of the shifts in inmate population. The question of pre-trial detainees is an important aspect of the criminal justice system. Those responsible for the orderly administration of that system cannot afford to expend all their ingenuity and effort on measures which foreseeably exacerbate the problem of pre-trial detainees. Some of that creative energy must be reserved for improving conditions of confinement and for reducing the numbers of people confined pending trial -- thus avoiding the constitutional issues confronted here. This will require an innovative and aggressive approach.
But it is possible, and there really is no alternative.
It is hereby ORDERED that the portion of the court's order of March 8, 1982 prohibiting the double-celling of pre-trial detainees is vacated, and it is
FURTHER ORDERED that:
(1) Additional guards be placed in each cell block in which inmates are double-celled. These guards are to make frequent inspections of the inside of the individual cells.
(2) No pre-trial detainee be confined in his cell for more than 12 hours in any day in the company of another inmate.
(3) No pre-trial detainee be double-celled for more than 30 days.