It is time to start planning for a “staged withdrawal” of Fulton County jail inmates being held in the city of Atlanta’s detention center, according to a new resolution proposed by Atlanta City Council member Antonio Lewis.

Resolutions are not the same as ordinances, in that they are recommendations that do not carry the weight of law. It is unclear when the resolution might be voted upon by the Atlanta City Council.

The District 12 councilman’s proposal notes that a Department of Justice investigation of the Fulton County Jail found the county and its sheriff had violated the civil rights of inmates at the county’s Rice Street facility by allowing “abhorrent, unconstitutional” conditions.

The DOJ launched its civil probe in July 2023, shortly after the death of Lashawn Thompson in the jail’s psychiatric wing. An autopsy found that Thompson’s death was because of severe neglect, and photos showed him covered in insects in a cell filled with garbage.

The DOJ’s report is replete with examples of how Thompson and others have been harmed by the horrific conditions, rampant violence, indifferent supervision and poor medical care.

State and federal officials blamed understaffing, poor policies and lack of training for the grim conditions at the facility, which has been plagued by inmate deaths, violence and other issues for years.

Lewis’ resolution says none of the violations cited by the DOJ “are cured” by the county’s lease of space in the Atlanta City Detention Center. In fact, the resolution says, the county’s use of beds in the city facility allows “for the continued export of those harms to Atlanta” and exposes the city to potential liability.

The resolution says more than 15 people have died in the custody of the Fulton County Sheriff’s Office since the December 2022 agreement was struck for the city to lease 700 beds at its detention center to the county. Two of the people died while being housed in the city detention center, including a teenage girl with a history of mental health concerns who was “being held on an improper bench-warrant,” according to the resolution.

According to an Atlanta Journal-Constitution investigation, more than 60 people who were being held in Fulton’s jail died between 2009 and October 2022, the highest total for any jail in Georgia during that time. Ten more inmates died in county custody in 2023.

On Tuesday afternoon, a Fulton County spokesperson released the following statement:

“Fulton County just received this resolution. The leased beds in Atlanta City Detention Center are an important component of our Jail improvement strategy. We value our partnership with the City of Atlanta and our shared commitment to public safety and will carefully monitor this process.”

Fulton County also has been trying, on and off, to buy the city’s facility for the past two decades. Atlanta Mayor Andre Dickens has made it clear he has no plans to transfer the 1,300-bed facility to the county.

County officials also have said that owning the city facility would help the county manage its inmate population more safely and humanely.

Robb Pitts, chairperson of the county’s Board of Commissioners, has said that obtaining the city jail would reduce the need for the sheriff’s office to outsource inmates to facilities in other jurisdictions, including Cobb County.

The lease states the agreement would last for four years, with no renewal option. The resolution calls for the start of discussions “and strategic planning allowing for the safe and timely transfer of all people” in sheriff’s office custody back to county facilities.

The resolution also says the lease “has been an objective failure in its efforts to ensure the safety of people in the custody of the Sheriff and to meaningfully address the overcrowding at Rice Street.” It adds that the sheriff has never used its full capacity of 700 beds allowed under the lease because of staffing shortfalls.

Some Fulton County officials have pointed out that the lease restricts them from housing certain kinds of inmates in the city detention center, which they say helps explain why the county is not using all of its allotted space.

When asked on Tuesday to comment on the resolution, a spokesperson for Sheriff Patrick Labat told a reporter that he had brought the resolution to their attention and they would need time to review it before making a statement.

On Monday, the Southern Center for Human Rights expressed support for Lewis’ proposed resolution, which was cosigned by council members Jason Dozier of District 4 and Liliana Bakhtiari of District 5.

“Rather than expanding carceral capacity which fails to address underlying issues, a focus on the jail’s culture of inhumane practices is essential,” said Tiffany Roberts, the group’s public policy director, referring to the Fulton County Jail. “Remediating inadequate staffing by reducing the jail population could also mitigate many of the constitutional violations outlined by the DOJ and improve conditions for those housed within the facility.

“Ultimately, a comprehensive approach that tackles abusive practices, considers staffing shortages, and addresses facility hazards is crucial.”

This year, Republican State Sen. John Albers sponsored a bill seeking to force the city to let the county take over more space at the detention center. But the bill failed to pass both chambers ahead of the Crossover Day deadline.

Staff writer Riley Bunch contributed to this story.

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