CORY A. BOOKER aims sco United States Senate February 12, 2019 Hugh J. Hurwitz Acting Director Federal Bureau of Prisons 320 First St., NW Washington, DC 20534 Dear Mr. Hurwitz, 1am writing to you to follow up on a conversation we had last week regarding reports of heating and electrical issues at several Bureau of Prisons (BOP) facilities. As you know, during the week of January 28, 2019, a cold front swept through the United States sending temperatures in some areas to record lows. Unfortunately. during this time, both MDC Brooklyn and FCI Fairton experienced issues with their heating and electrical units, which resulted in dangerous conditions both for people who are incarcerated at those facilities as well as those who work there. Iam. concerned that BOP was not properly prepared to deal with last week's extreme cold and would like to work with you to ensure that BOP has the proper policies and procedures in place to handle these situations in the future, On February 1, 2019, The New York Times published a story that detailed awful conditions inside MDC Brooklyn, a facility that employs over 500 correctional officers and incarcerates more than 1,600 people.’ As news began to trickle out that conditions inside the jail were deteriorating as temperatures outside dropped, BOP produced inconsistent information regarding the source of the problem, For instance, in an email BOP said that the building was “experiencing a partial power outage” but said that “[cJells have heat and hot water, there is lighting in the common areas and inmates are receiving hot meals.”? Additionally, BOP appeared to blame Con Edison saying that it “has been dealing with numerous power emergencies in the community.” But, the electrical company said it was not having any power issues in the area and said any outages MDC Brooklyn was experiencing must have been internal.' Meanwhile, temperatures in the facility continued to drop and the Federal Defenders office said that its phones were ringing off the hook with complaints. Deirdre von Dornum, the lead defender in the Brooklyn Federal Defenders office, said that incarcerated people were “gathered around the telephones on their floors to report poor heating, little to no ' Annie Correal, No Heat for Days at a Jail in Brooklyn Where Hundreds of Inmates Are Sick and ‘Frantic’, N.Y. Times (Feb. 1, 2019), https:/ww.nytimes.com/2019/02/01 /nyregion/mde-brook|yn-jil-heat. html, 2 id ® Kalhan Rosenblatt, outage grows over reports of Brooklyn prison with litle hat, electricity during frigid wel NBC News (Feb. 2, 2019), hitps:/www.nbenews.com/news/us-news/outrage-grows-over-reports-brooklyn=prison= litle-heat-eleetricity-during-n966 186, 7) * Correa, supra note 1.hot water and no lights in their cells.”* Horrifying videos even emerged outside the facility that depicted incarcerated people banging loudly on the windows in protest.” Additionally, my office received reports that FCI Fairton was experiencing heating issues and that blankets that were not being distributed to individuals who requested them, As you know, the facility incarcerates over 1,100 people and over 300 BOP employees work there, My staff connected with the BOP Office of Legislative Affairs and learned that the facility is now being properly heated, albeit with some temporary measures, and there are a sufficient number of blankets available should the facility experience any drop in temperature. I appreciate your willingness to work with me on addressing these issues. It is essential that BOP provides a safe environment both for those who are incarcerated at its facilities and for those who ‘work there as well. As part of that effort, please provide answers to the following questions: 1. What steps is BOP taking to ensure that information is accurately dissen future when one of its facilities is experience heating, cooling, electri technical difficulties? inated in the I, or other Whaat policies and procedures does BOP currently have in place to deal with heating, cooling, and electrical outages when paired with extreme weather incidents, including life-threatening temperatures? a, Were those policies and procedures followed with respect to the Brooklyn and FCI Fairton? dents at MDC b. If those policies and procedures were not followed, please explain where and how the breakdown occurred. ¢. Are there regulations that require BOP to maintain certain acceptable temperatures at its facilities? d._ If there are no existing regulations in place that requires BOP to maintain certain temperatures in its facilities, will BOP work to issue regulations that require facilities to maintain safe temperatures in its facilities? 3. Is BOP working to revise its policies and procedures that are in place to deal with heating, cooling, and electrical outages when paired with extreme weather incidents? If so, please detail the ways in which BOP is amending its procedures. td 7 Rosenblatt, supra note 3.‘Thank you for your prompt attention to this matter. Sincerely, Cory A. Booker United States Senator ce: Jennifer L. Edens, Chief, Office of Legislative Affairs, Bureau of Prisons