Director Carvajal and Director Booth:
I write regarding the conditions of custody for individuals being held by the Federal Bureau of Prisons and D.C. Department of Corrections while awaiting trial on charges connected to the January 6, 2021 protests at the U.S. Capitol ("the January 6 protests"). Political motivations should not be taken into consideration when determining conditions of custody, especially for individuals who have not been convicted of a crime. Yet reports have surfaced that many of the suspects arrested in connection with the January 6 protests are being held in solitary confinement or in other extreme conditions without a satisfactory explanation.
Accordingly, I request answers to the following inquiries:
1. Describe the process by which your agency determines the conditions of custody for inmates being held in pre-trial detention ("pre-trial inmates"). Specifically, describe how your agency determines if a pretrial inmate will be placed in solitary confinement, protective custody, or in a special type of custody where they are more restricted than the general population of pre-trial inmates (collectively referred to hereinafter as "solitary confinement").
2. How many pre-trial inmates are currently in your agency's custody? How many pre-trial inmates in your agency's custody are currently in solitary confinement?
3. How many pre-trial inmates in your agency's custody are being held on charges connected to the January 6 protests? How many pre-trial inmates in your agency's custody being held on charges connected to the January 6 protests are currently in solitary confinement?
4. List all pre-trial inmates in your agency's custody being held on charges connected to the January 6 protests that are currently in solitary confinement. Please provide background on why they are in solitary confinement.
5. Describe the process by which prosecutors, judges, or any other government entity outside of your agency, can recommend or order changes to the conditions of custody for pre-trial inmates.
6. For pre-trial inmates in your agency's custody being held on charges connected to the January 6 protests, have any had their conditions of custody changed due to recommendations or orders by prosecutors, judges, or any other government entity outside of your agency? If yes, please list those inmates. Additionally, please provide details on the conditions of their pre-trial custody and how they were changed in response to recommendations or orders by prosecutors, judges, or any other government entity outside of your agency.
Thank you in advance for your prompt attention to this matter.
Sincerely,