findings and legal conclusions, and nothing in this Notice should be construed as a factual finding or legal conclusion. Accordingly, this Notice is not intended to be admissible evidence and does not create any legal rights or obligations. Specifically, we provide notice of the following alleged conditions: • Correctional officers routinely use excessive force when they use chemical agents such as pepper spray or electronic control devices, and when they place prisoners in the restraint chair. • Boyd County violates the constitutional rights of bodily privacy of prisoners by restraining nearly naked prisoners in full view of both prisoners and staff of the opposite gender. Prisoners identified as a suicide risk and non-suicidal prisoners being punished, are stripped of their clothing and placed in suicide smocks with no undergarments, and strapped with their legs apart to the restraint chair in an open hallway, their genitals exposed to passers-by. II. INVESTIGATION On November 1, 2016, DOJ notified Boyd County officials of our intent to conduct an investigation of the Boyd County Detention Center (Jail) pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997 (CRIPA). As we stated in our notice letter, the focus of our investigation was whether the Jail: (1) adequately protects its prisoners from harm due to excessive force; (2) violates prisoners’ rights to bodily privacy; and (3) places prisoners in restrictive housing without due process of law. The Special Litigation Section of DOJ’s Civil Rights Division conducted the investigation with the assistance of a correctional security consultant. On November 14-17, 2016, our correctional security consultant accompanied us on an onsite inspection of the Jail. During our onsite inspection, we observed facility processes, interviewed current and former staff and prisoners, met with county officials, and reviewed facility records. Before, during, and after our onsite inspection, we reviewed an array of documents, including policies and procedures, organizational charts, incident reports, prisoner grievances, medical and mental 2 health records, and other materials. After our visit, we also conducted additional interviews with former prisoners and correctional officers. At the close of our onsite inspection, we conveyed our preliminary assessment to Jail and county officials. We thank Jail staff for their cooperation throughout the course of the investigation and appreciate their receptiveness to our consultant’s recommendations. III. BACKGROUND The Boyd County Detention Center is located in Catlettsburg, Kentucky. Originally opened in 1991 with a capacity of 93 beds, the Jail expanded in 2006 to its current capacity of 206 beds. The Jail often holds more prisoners than its rated capacity, holding 238 prisoners during our visit in November 2016 and holding 292 prisoners in August 2017. The Jail houses both prisoners who have been convicted of a crime and pre-trial detainees who have been arrested or charged with a crime. Historically, approximately one-third of all prisoners in the Jail were sentenced and sponsored by the state of Kentucky. The Jail houses both men and women. Women prisoners make up about 30% of the Jail’s overall population. Most prisoners are housed in dorm-style cells. The Jail is currently overseen by Chief Jailer William Hensley. Jailer Hensley took office in January 2019. The Jail is funded by the Boyd County Fiscal Court, which consists of a county judge executive and three county commissioners. During our visit, medical services at the Jail were provided through a contract with Advanced Correctional Healthcare. A Licensed Practical Nurse (LPN) was onsite at the Jail from 8:00 a.m. until 4:30 p.m. three days per week, and then from 8:00 a.m. until 1:30 a.m. one day per week. A physician’s assistant and physician was on call between 1:30 a.m. and 8:00 a.
Same source, country, and finding where possible.