AGREED ORDER SETTLING COUNT II AND ISSUING INJUNCTION

SUSAN J. DLOTT, District Judge.

The parties to this litigation agree and the court finds the following facts:

A. The issues in this case began when Sheriff Neil issued a declaration of an emergency due to overcrowding at the Hamilton County Justice Center as provided by Ohio Law. Following the Declaration of the Emergency, Sheriff Neil put in place certain changes in the facilities and operation of the Hamilton County Justice Center to alleviate the issues created by overcrowding.

B. On September 28, 2017, Plaintiff Samuel Robinson filed a suit alleging that the changes made by Sheriff Neil were inadequate to relieve overcrowding and that the Hamilton County Justice Center continues to be overcrowded as prohibited by the Eighth Amendment to the United States Constitution. Sheriff Neil denies the claims of Plaintiff Robinson and the additional Plaintiffs who have been added to the litigation by two Amended Complaints.

C. The Hamilton County Justice Center was subject to a prior consent decree that expired a decade before this litigation began. Among other things, the prior Consent Decree resulted in the use by Sheriff Neil of the National Institute of Corrections (NIC) classification system and various early release policies to prevent constitutionally prohibited overcrowding at the Hamilton County Justice Center.

D. As a result of the 2008 recession, an additional jail facility in Hamilton County was closed and additional early release policies were established to prevent constitutionally deficient overcrowding at the Hamilton County Justice Center.

E. All of these early release policies are attached hereto as Exhibits 1 through 7.

F. While most of these early release policies have been authorized by Ohio courts, others were not. Recently the Ohio First District Court of Appeals held that one of these early release policies violated Ohio law. The most effective of these early release policies employed by Sheriff Neil, "Pre-trial Release," appears to violate Ohio Law. Essentially, this program releases inmates for whom bonds are set by Judges of the Hamilton County Courts who have not, or are unable, to post those bonds.

G. There are two populations housed in the Hamilton County Justice Center. "Detention Inmates" are inmates who have been arrested, delivered to the Intake area of the Hamilton County Justice Center, and held pending the Initial Appearance before a Judge of the Hamilton County Municipal Court. The Initial Appearance occurs within two days of the inmate's arrest. "Population Inmates" are inmates serving a sentence or held in lieu of a bond being posted for their release. Population Inmates are held for longer periods of time, generally until their sentences expire or the trial court proceedings are completed.

H. Sheriff Neil has used temporary beds, called "Boats," which sit on the floor in common areas of the Hamilton County Justice Center when the number of inmates exceeds the number of available beds in cells as determined by application of the NIC classification system to the current population. The Parties' expectation is that the use of Boats, other than use associated with unusual circumstances such as an arrest occasioned by a mass civil unrest scenario, would be reduced or eliminated from the day to day operations of the Justice Center given plans to expand the physical capacity of the Justice Center over the next two-year period. The Parties agree that the use of Boats in the day to day operation of the Justice Center will be reconsidered in light of any change of circumstances occurring over the next two years following the effective date of this Consent Agreement.

I. Sheriff Neil has discussed with the Hamilton County Commissioners the creation of an additional facility to be constructed that would increase treatment and housing space for Hamilton County's inmate population. Additionally, Hamilton County has just received a capital grant from the State of Ohio for the build out of existing space in the Hamilton County Justice Center to increase treatment and housing space for Hamilton County inmates. This project is spearheaded by the Hamilton County Commissioners with the cooperation of the Hamilton County Sheriff's Office. The current projected completion date for this project is July 2020.

J. Based upon these facts which are agreed to by the parties and found by the Court, certain orders are required to prevent any future overcrowding at the Hamilton County Justice Center as prohibited by the Eighth Amendment to the United States Constitution.

THEREFORE, IT IS ORDER OF THIS COURT THAT:

1. Plaintiffs' claims against Sheriff Neil in his individual capacity are dismissed.

2. Sheriff Neil is enjoined from terminating any of the release programs set out in Exhibits 1 through 7.

3. Sheriff Neil is enjoined from allowing the number of Population Inmates that exceed all of the following:

4. No inmate remains on a Boat for more than 5 consecutive days in any month.

5. As an additional security measure when Boats are in use, the Sheriff shall assign an additional deputy to the standard staff of 3 deputies on each floor where such Boats are in use, thereby bringing the staff in those areas to 4 officers.

6. No inmate who has a physical condition that would prevent sleeping in a Boat shall be assigned to sleep in a Boat.

7. Boats shall not be utilized in either the psych or medical units.

8. Should the number of Population Inmates exceed the number meeting the conditions set out in Paragraph 3 of this Order, the Sheriff shall: (a) transfer the excess number of Population Inmates to another jail facility; (b) ignore the bond cap set out in the Pre-Trial Release policy set out in Exhibit 1 attached hereto; or (c) do both (a) and (b) of this paragraph.

9. Should application of the remedies set out in Paragraph 8 fail to return the Hamilton County Justice Center to compliance with this Order, the Sheriff shall cease admitting new Population Inmates to the Hamilton County Justice Center and seek further direction from this Court.

10. The Sheriff shall provide — upon request by Plaintiffs' counsel — the daily count of inmates as well as the daily list of housing assignments of inmates in the Hamilton County Justice Center.

11. The Sheriff shall provide all Population Inmates entering the Hamilton County Justice Center a copy of Paragraph 3 of this order and shall provide any grievance filed by an inmate concerning housing on a Boat to Plaintiffs' counsel.

12. The Sheriff shall provide to Plaintiffs' counsel a copy of any report or recommendation made by the National Commission on Correctional Health Care respecting the Hamilton County Justice Center, and will further provide any report detailing corrective action taken regarding health care services as recommended by the National Commission on Correctional Health Care at the Justice Center.

13. The parties agree that Dr. James Austin shall be appointed as the Court's expert witness and shall report to the Court: (a) whether the classification system employed by the Sheriff is being properly implemented by the Sheriff; (b) to evaluate the current release programs and protocols set out in this Consent Decree and to determine whether additional release policies and/or protocols should be ordered by the Court to alleviate overcrowding; and (c) to recommend any other action which the Sheriff could take to alleviate overcrowding in the jail, including an assessment of the adequacy of the Justice Center to house the offender population of Hamilton County that should properly be incarcerated rather than released by the Sheriff. The Sheriff shall provide the expert with such information as necessary for Dr. Austin to advise the Court on these subjects. The costs of Dr. Austin's work shall be borne by the Sheriff in an amount not to exceed $30,000.00.

14. An exception to these provisions is allowable when "special circumstances" occur [an identifiable event or occurrence], so long as the inmate population is reduced to the cap level in Paragraph 3 above within 14 days of the occurrence or event constituting the "special circumstance."

15. Either party may seek modification or termination of the injunctive relief granted by this Order based upon a change in circumstances, such as construction of new jail space used for housing inmates by the Hamilton County Sheriff or if the relief granted by this Order proves inadequate to prevent overcrowding as mandated by the Eighth Amendment to the United States Constitution.

16. This injunction shall be reviewed two (2) years from the day it is adopted by the Court to determine whether the injunction should be renewed. Either party may, for good cause shown, request that the injunction be extended for an additional two (2) years.

IT IS SO ORDERED.

EXHIBIT 1

Pre-Trial Early Releases

When it comes to Pre-Trial Early Releases we handle them differently then we handle the Process Only. Once an inmate has gone to arraignment court in room A and are held on a bond as long as that individual bond is $20,000 or less for females $10,000 or less for males and there charges does not fall under the following Non Qualifiers they are eligible for Pre-Trial Early Release. This also includes inmates that have EMU/JURIS as part of their bond. All female will be released by looking only at their present charge. A criminal history is done on the males to make sure that they do not have any violent charges for the past 2 years

Non Qualifiers

1. No Child Endangering

2. No Drug Trafficking

3. No violent crimes or weapon charges

4. Individuals that we have received calls from Administration to be kept.

5. No Burglary or Robbery

6. No one with a Clinic Evaluation ordered.

7. No ICC (Interstate Compact Case) — Steve Stricker Probationer

8. Does not live in the surrounding Greater Cincinnati/Northern Kentucky Area.

9. No inmate that is scheduled for sentencing in Common Pleas are eligible.

10. When the Judge writes No Early Release on paperwork.

Qualifiers

1. Charges with bonds less than $20,000 on each charge or less for Females $10,000 on each charge or less for Males.

2. No Bond Indictments/PV for non-violent charges such as Theft, RSP, Drug Possession/Abuse, Forgery, etc.

Inmates that have EMU/JURIS as part of the bond will have to wait until they are approved for EMU/JURIS. If they are not approved and have nowhere to live they will no longer be eligible for Pre-Trial Early Release.

Only inmates with a Minimum Security Level are released at this time.

EXHIBIT 2

Early Release

Here are the qualifications to be eligible for Early Release.

Sentenced Misdemeanant or Felony inmate shall be released according to a percentage (%) of time served and who also:

1. Are not serving a mandatory Driving under Suspension, OVI Sentence. May be released after serving mandatory sentence.

2. Are not confined on a Domestic Violence Charge.

3. Are not confined for Assault on a Police Officer.

4. Have not been disciplined or broken any Corrections Rules.

5. Do not have a history of violent crimes.

6. Detail Workers are also eligible for Early Release.

7. All volunteer Detail Workers are eligible for Early Release.

8. Those earning 2 for 1 or 3 for 1 are eligible when the amount of time they have actually served equals the same percentage of those being released.

9. Juvenile and Domestic Relations are all put on the list.

10. Indictments/ Probation Violations Are all put on the list as long as they are not violent charges.

11. All Misdemeanors go on the early release list.

Non-Qualifier

1. Judge writes on the Mittimus/Commitment paperwork No Early Release.

EXHIBIT 4

Work Detail

Any Inmate that is sentenced to 90 days or less and is classified as a minimum security inmate are eligible for the Work Detail except for the below exclusion.

1. Mentally or physically can't do the work. This is determined by the housing unit (Medical or Psych).

2. No one that is sentenced to go to Men's extended treatment or RJI.

3. No one that is held on a violent charge is eligible. Example: Assault, Domestic Violence etc.

4. No Mandatory Sentenced inmates can go unless they have completed their mandatory time.

5. Not an adjoining county and out of state are ineligible to go on work detail.

6. If the inmate informs us that they don't have transportation to and from Work Detail.

7. No one that is committed on a Contempt of Court from Municipal or Common Pleas Court.

8. Any Commitment/Mittimus that the judge states No Early Release.

EXHIBIT 5

Non-Support Work Detail

Non-Support Work Detail is dictated by the commitment form from Juvenile Court. On their commitment form it will state the following:

At the discretion of the Hamilton County Sheriff, the days imposed may be served under a program instituted by the Sheriff to alleviate jail overcrowding. That program may include a deferment of the sentence to a date certain, or the performance of work details at the time set and at the direction of the Sheriff. The defendant is hereby ordered to abide by any rules set out by the Sheriff including the date and location to report and place described by the Sheriff.

Failure to report will be considered Contempt of this Court order and a warrant may be issued for the defendant's arrest. The defendant may pay the purge amount, if any, as set out in this entry and if paid the defendant is hereby released from his original coercive sentence and/or any work detail assignment or deferred sentence.

Non-Qualifiers

1. Again anyone that has a physical or mental problem will not be eligible for work detail.

2. Unable to find transportation to and from the Work Detail.

3. Does not live within the adjoining counties and lives outside of the state of Ohio.

EXHIBIT 6

PROCESS ONLY

The first area that I would like to cover would be the Female Process Only. We do not process out males at this time but if we did the following procedure would be used. The following covers the qualifications to be Process Out:

1. Only arrestees not charged with the following charges (Attachment A-List of charges to be kept-Given to Attorneys) can be Process Only.

2. All Domestic Relations, Juvenile, HAMCO (Indictments/Felony Probation Violation), Adult Parole, EMU Violators, RENU Arrests, Violent Crimes and Fugitives are not eligible for Process Only.

3. Drug Possession F5 is Eligible for Process Only.

4. Arrestees with holds from Adjoining Counties are not eligible for Process Only.

5. Arrestees with Local Holds for example: Norwood, St. Bernard, Blue Ash are eligible for Process Only.

6. Inmates with Misdemeanor or Traffic Probation Violation can process if the original charge is an eligible offense.

7. No violent crimes or weapons related charges will qualify for process only.

Once an inmate qualifies for Process from the above qualification the Intake Sgt will review the Criminal History to check to make sure the arrestee does not have a serious violent offense. Once this information has been verified, the Intake Supervisor will go to the Pre-Trail area to inquire if the arrestee has any convictions on her BCI/III record before giving final approval for the release. Note if the arrestee exhibits any threatening or assaultive behavior or if after reviewing all of the arrestee's previous convictions and the Sgt. has concerns about the arrestee's risk to community the Sgt. will make the arrestee ineligible for Process Only.

Process Only arrestees are booked into the Jail Management System and also logged in the ledger book at the booking window. All property is taken, they are searched at the search wall, and they have prints and pictures taken. Once the booking process has been completed the inmate will wait in the holding cell until they can complete the release process which is when the prints are clear in Identifications.

EXHIBIT 7

Updated 06/23/14

These are the cases that will be kept:

ALL DOMESTIC RELATIONS, JUVENILE, HAMCO, ADULT PAROLE, EMU VIOLATORS, RENU ARRESTS, VIOLENT CRIMES AND FUGITIVES ARE TO BE KEPT ALSO.

DRUG POSSESSION F5 IS ELIGIBLE FOR PROCESS ONLY