Weld County sheriff, ACLU reach resolution over class action suit filed over COVID concerns at jail

The sheriff must ensure medically vulnerable inmates at the Weld County Jail are afforded heightened protections against COVID-19 and take other measures to shield inmates from the virus, according to a legal resolution between the sheriff and the ACLU of Colorado.

The proposed consent decree resolves a class action lawsuit filed in April by the ACLU over Sheriff Steve Reams’ failure to take adequate measures to protect people in his jail from COVID-19, according to a Tuesday news release from the ACLU of Colorado.

Reams and the ACLU jointly asked the federal court in Denver to enter a consent decree to memorialize the terms of the resolution, the news release stated.

“Last spring, COVID-19 was spreading quickly through the Weld County Jail, and only action by the court and agreement by both parties will change the deadly course of events there,” ACLU of Colorado Legal Director Mark Silverstein stated in the release. “With this resolution, people held in the Weld County Jail, as well as staff and the public at large stand a fighting chance against this virus.”

The following is a list of key provisions of the proposed consent decree, which builds on and adds to the preliminary injunction previously imposed by the court, according to the release:

• Medically vulnerable persons are identified when they arrive in jail, are afforded heightened protections including single celling when possible, and regular medical monitoring.
• Measures are put in place to promote social distancing.
• Masks are distributed to all persons at the jail and are required to be used.
• People held at the jail receive COVID-19 testing consistent with Centers for Disease Control and Prevention guidelines.
• With only limited exceptions, through the end of the COVID-19 crisis, the jail does not accept persons charged with misdemeanors and municipal offenses and offenses.
• The sheriff will regularly advise police chiefs in Weld County to minimize custodial arrests and instead issue court summonses or personal recognizance bonds.
• The sheriff will provide regular reports to the chief judge of the Weld County District Court, so the court can undertake reviews to consider people for release from the jail when feasible.

The proposed consent decree also calls for continued data sharing on jail populations and COVID-19 infections, according to the release.