that a new facility cannot be constructed nor alternate housing be located overnight but also realizing that the County's own consultants long ago recognized the space problems at the Jail, we will enter an Order that no prisoners shall be housed at the main jail after June 30, 1990.
The defendants shall submit to the Court a plan for construction of a new facility or alternate housing, accommodating at least 900 inmates, within six months of the date of this Order. For each month thereafter that such plan has not been filed, defendants will be fined a sum to be determined.
In the interim, and as a temporary measure only, we will grant in part the County's petition to house additional inmates in the Jail. Since it has been established that there are 20 additional cells in the main jail which have never been counted as cells in this litigation because of their conversion to utility rooms, our Order will permit inmates to be housed in those rooms as soon as they can be reconverted to cells to the Warden's satisfaction and that of the Court Monitor. In addition, it appears that constant maintenance has reduced the number of "down" or malfunctioning cells. To the extent that the Warden can keep the number of "down" cells to a minimum, he may house up to an additional 20 inmates in the Jail if habitable operational cells are available.
We believe that these allowances will not seriously impair the functioning of the jail since the additional inmates will be spread throughout the institution. However, to insure that there will be no strain, these additional inmates will be permitted only if (1) the position of Population Control Officer at the jail is filled and (2) the Jail remains in substantial compliance with the prior orders of this Court relative to conditions.
Because the defendants have repeatedly violated earlier Orders of this Court relative to population and medical care without seeking permission of the Court, we believe that financial sanctions are warranted and will grant the plaintiffs' petition in part.
The defendants will be fined $ 25,000 for failure to comply with this Court's orders. The same fine will be imposed for each month in the future that applicable limits are exceeded. These fines will be payable immediately upon a violation of this Court's orders relative to the population count.
An appropriate Order will issue.
AND NOW, to-wit, this 17th day of November, 1988, for the reasons stated in the foregoing Opinion, it is ORDERED, ADJUDGED, and DECREED that:
1. no inmates shall be housed in the main facility of the Allegheny County Jail after June 30, 1990;
2. on or before May 1, 1989, the County shall submit to the Court a plan for construction of a new facility or alternative housing, accommodating at least 900 inmates, not counting the 435 inmates housed in the Jail Annex.
3. the County's Motion to Increase Population Cap be and hereby is conditionally GRANTED. The County may house inmates in the 20 utility room areas in the Jail if, in the opinion of the Court Monitor, these are converted to habitable cells. The County may further house up to an additional 20 inmates in the Jail to the extent that the Warden can keep the number of inoperable cells to a minimum. Said population increases may be made only if (1) the position of Population Control Officer at the Jail is filled, and (2) in the opinion of the Court Monitor the Jail remains in substantial compliance with the prior Orders of this Court relative to conditions.
4. plaintiffs' Motion for Sanctions be and hereby is GRANTED. The County is Ordered to pay a fine in the amount of $ 25,000 to the Clerk of Court on or before Friday, December 2, 1988;
5. third-party Defendant's Motion to Dismiss be and hereby is DENIED.