related to the suicide of Christopher Marks, discussed supra.
(c). The arrangement used in the holding area does not provide meaningful classification and is not in compliance with para. 4 of the court's order, dated October 10, 1984.
(d). The defendants are ordered to implement a classification system for those housed in the holding area. Furthermore, I order defendants to immediately implement a system which separates new arrivals and pretrial detainees from aggressive or passive sentenced inmates. The Master shall inspect and report to the court on the status of such implementation of the more detailed classification system within 90 days and make recommendations with respect to the imposition of sanctions for failure to comply with this order.
1. New privacy screens and visiting booths have been constructed, thereby increasing the space available for visitation.
2. Visiting days and hours have also increased.
3. As the jail has increased both the space for visitation and the hours for doing so, I find that the defendants are in compliance with para. 5 of the order of this court dated October 10, 1984.
1. The medical wing is state of the art and services at the institution have improved greatly.
2. Three physicians visit the facility three times per week and nurses are available on a twenty-four hour basis. In addition, mental health professionals regularly visit the facility. In addition, a full panoply of dental services are available in the institution's full dental facility.
3. All new admittees are screened prior to placement in the general population and those admitted are seen by a health professional upon request.
4. The record demonstrates, therefore, that defendants are in compliance with para. 6 of the court's order of October 10, 1984.
1. Population: Male Inmates
(a). In general, MCCI has been in regular noncompliance with the court-mandated maximum male inmate capacity. This violation, however, has been neither willful nor contamacious. Rather, it has been the result of various factors discussed in Part III(G)(1)(c). In addition, the renovations at the facility have caused the population to fluctuate. For instance, during the renovations of either Wings C and D or Wings E and F, the population capacity for housing male inmates decreased from 304 to 200.
(b). As a result of the completion of these renovations, however, the population capacity of the institution has increased.
(c). Although the consent judgments filed on March of 1985 and April of 1986 reflect the parties agreement that all double bunking in Wings A and B and the civil sections would cease, I find it proper to continue partial double bunking of these sections at this time and thereby allow these areas to continue to accommodate 52 inmates. See Union County Jail Inmates v. DiBuono, 713 F.2d 984, 995-1000 (3d Cir. 1983).
(d). The record reveals that since the entry of my initial order, the institution has constructed Wings G and H, which contain a total of 128 cells. As these cells have the square footage to permit double bunking, the parties agree that the wings provide housing for an additional 256 male inmates.
(e). Hence, all renovations are complete and the new wings are open, thereby resulting in a capacity of the male sections, excluding the holding area, of 560.
(f). Although the Public Advocate contends that the capacity of the institution set in my October 1984 order remains applicable until modified by the court upon formal application and showing of exceptional circumstances, see Inmates of Allegheny County Jail v. Wecht, 754 F.2d 120, 127 (3d Cir. 1985), the order of this court specifically stated that
because the population cap is necessary in light of the totality of conditions at MCCI, a substantial change in these conditions may lead to modification of my order in this regard. In particular, modification of this cap might be appropriate if and when changes in the physical plant and staff at MCCI would permit one hour of daily recreation per inmate in an enlarged space on a year round basis and full compliance with other provisions of my order even at an increased population at the jail.