JH: The initial response obviously gets an F. I mean, there never should have been a transfer of those inmates from Chino without a test immediately preceding that transfer, and they were slow to step-up and address the mess that they created. More recently, though, and especially since my state legislative colleagues Marc Levine and Mike McGuire have gotten involved and Cal OES (Office of Emergency Services) has opened an incident command on site, I give them high marks. The problem is, by that time, we were trying to undo a terrible tragedy that had been inflicted on San Quentin and the broader Bay Area community.
KQED: And who do you think is responsible for this crisis?
JH: You know, I can't say exactly who, but obviously the prison health care officials who allowed this transfer to happen. There may be some other accountability within the system. You know that I think there needs to be a very comprehensive look at that. How did this system allow something so profoundly stupid in the middle of this deadly pandemic to actually happen?
KQED: Is that something the federal government should or would look at in terms of a review of, you know, how this unfolded?
JH: Certainly, if this were a federal prison, the answer would be yes. Since San Quentin is entirely a state facility with state authorities, my guess is that that's probably the primary point of accountability. There's a federal receiver, of course, because of litigation. But that does not bring any federal agencies into play. That's simply a federal court who has ordered this receiver due to some longstanding litigation.
KQED: You know, academics, public health experts, advocates and some elected officials have been calling for the state to drastically reduce the number of people incarcerated there, through early release, probation, parole and such. Do you agree that that needs to happen?
JH: I think their hand is being forced. You know, whether that needs to happen or not, it's going to happen. There's no other way to address the crisis. So, I think they're approaching it in a sensible way. At San Quentin and other facilities, they're looking at inmates who pose the least threat of some kind of violent crime, recidivism, are near the end of their sentences, are older, might be eligible for humanitarian release. And, you know, we can we can reduce the population pretty significantly using those factors.