Act 111 and the Fight for Police Accountability

The Pennsylvania Supreme Court Case City of Philadelphia v. Fraternal Order of Police Lodge No. 5. is a huge opportunity for the Court to take a stand on police accountability.

 

At the center of it all is Act 111. Act 111 is a decades-old law that shapes how police contracts are negotiated, with big implications for transparency, public safety, and how our city spends its budget.

 

The Defender Association has teamed up with the ARC Justice Clinic and the ACLU of Pennsylvania to file an amicus brief in the case.

 

Download this easy-to-follow explainer from our partners at UPenn Law to learn why this case matters to every Philadelphian.

 

Read the Full Amicus Brief

 

Download the Act 111 Explainer

 

Philly Defenders Secure Safe Release of 100 Clients

The milestone is a testament to the power of a collaborative approach to reducing Philly's jail population. 

 

PHILADELPHIA—In response to the dangerous conditions caused by severe staffing shortages in Philadelphia’s jails, the Defender Association of Philadelphia, in collaboration with the First Judicial District and the District Attorney’s Office, has successfully secured the safe release of 100 incarcerated people. This initiative, part of a series of Emergency Bail Hearings led by Judge Karen Simmons, aims to reduce the jail population while maintaining public safety.

 

The Emergency Bail Hearings began on October 1, with additional sessions scheduled in the coming weeks. These hearings prioritize cases involving individuals who can be released pre-trial without posing a threat to public safety. Attorneys from the Defender Association, including Chief Defender Keisha Hudson, First Assistant Defender Sarah Allen, Deputy Defender Stephanie Fennell, Andrew Pappas, and Tom Innes, worked closely with the Courts and the District Attorney’s Office to identify eligible clients.

 

“Reducing the jail population during this crisis is a crucial step in safeguarding both the rights of the incarcerated and the efficiency of our justice system,” said Hudson. “The success of these hearings shows the power of the collaborative approach we’ve been pushing for throughout the staffing crisis on State Road.”

 

Hudson added that the Defender Association is dedicated to continuing these efforts, working with City leaders and other advocates to secure additional releases and address the broader challenges facing Philadelphia’s jails. “This is an important milestone, but there is still much work to be done to ensure that we uphold fairness, accountability, and public safety for every citizen of Philadelphia.”

 

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Watch the story on NBC10

Defender Testimony: Prison Oversight

On October 29, Director of Prison Advocacy Tom Innes testified on behalf of the Defender Association in support of Ordinance #240817 and Resolution #240834. These proposals aim to amend the city charter to establish an Office of Prison Oversight and a companion Prison Oversight Board.

 

Read the full testimony below, or click here to download a printable version.

Watch Video of Tom Innes's Testimony:

Full Testimony (as submitted for the record)

 

Good afternoon. My name is Thomas Innes, and I serve as the Director of Prison Advocacy at the Defender Association of Philadelphia. On behalf of the Defender Association, I would like to thank Majority Leader Gilmore Richardson, bill sponsors Majority Whip Thomas, Minority Whip O’Rourke, and all members of City Council, for inviting the Defender Association to share our testimony in support of Ordinance #240817 and Resolution #240834. These proposals aim to amend the city charter to establish an Office of Prison Oversight and a companion Prison Oversight Board.

 

This charter change, which creates an independent Prison Oversight Board and Office of Prison Oversight, is about our past, our present, and the future we hope to create. Before discussing the current situation or the future this legislation envisions, I want to share some historical context—one I am uniquely positioned to provide.

 

In addition to my role as Director of Prison Advocacy, I hold the unofficial title of the Defender Association’s longest-serving attorney. I joined in 1978 as a trial attorney and have been with the organization ever since. In 2000, I formed the Prison Services Unit in response to the conditions my clients were facing in jail. Since then, I’ve been the primary point of contact for our attorneys, clients, and their families as they navigate the county jail system.

 

Over the past 24 years, I’ve witnessed every change within the jail—from times when the population was close to 10,000 to moments when it dropped to 3,400. I’ve been there through the HIV/AIDS epidemic, COVID-19, changes in staffing levels, and the introduction of privatized medical care. With every shift, I’ve been on the ground, on State Road, solving problems both big and small.

 

The Problem: Persistent Opacity
One constant remains: the county jail is a persistently opaque institution. This lack of transparency fosters an environment where abuses can occur unchecked. It has also hindered meaningful dialogue between policymakers, corrections staff, and the community about how our city should treat incarcerated individuals.

 

The physical location of the jail is telling. It sits in a remote corner of the city, difficult to reach by public transit. Public access to the buildings is limited, and information is often tightly controlled. I’m one of the few non-incarcerated individuals who can speak directly to what goes on inside, having seen it firsthand for decades.

 

The Current Remedy: Litigation
In the absence of independent oversight, the only avenue for addressing conditions in the jail has been systemic litigation—a reactive measure, not a preventative one. I brought an exhibit [Fig. 1] today to show the long history of lawsuits against the city, each ending in a consent decree because there was no defense against the conditions people were forced to endure.

 

(Fig. 1) SYSTEMIC LAWSUITS AGAINST THE PHILADELPHIA JAILS AND CITY OF PHILADELPHIA

Commonwealth ex rel. Bryant v. Hendrick          1971 Consent Decrees*
Jackson v. Hendrick 1971-2003 Consent Decrees
Warrington v. City of Philadelphia 1998 Consent Decree
Harris v. City of Philadelphia 1982 - 2003 Consent Decrees
Bowers v. City of Philadelphia          2006 - 2008 Court Orders & Consent Decrees
Williams v. City of Philadelphia           2008 - 2016 Consent Decrees
Remick v. City of Philadelphia          2020 - 2024 Consent Decree
*Consent decrees are settlements reached because the conditions were indefensible.

 

Despite the federal oversight, problems persist. In fact, Philadelphia has been under federal consent decrees for 32 of the last 43 years—including the past three years. If litigation alone could have solved these issues, we would not be here today.

 

A History of Failed Attempts at Oversight
Past efforts at oversight have been largely ineffective. The Board of Trustees, formed years ago, was toothless and powerless, mainly serving to rubber-stamp budget requests from the prison administration. Meetings were mostly conducted in private, with limited public notice or participation. I was a non-voting member on this board and witnessed firsthand the lack of true oversight.

 

In 2014, the creation of the Philadelphia Department of Prisons as a separate city department brought another attempt at oversight—a Prison Advisory Board. Unfortunately, it was no different. It lacked authority and continued to operate with minimal transparency. Meetings were often inaccessible and limited to those within the administration. Despite–or maybe because of–my extensive knowledge and experience, I was excluded from serving as a Defender representative on that board, and what little oversight existed quickly dissipated.

 

During the COVID-19 pandemic, the situation worsened as the jails moved from mere opacity to almost complete secrecy. The public and even advocates kept out of the loop. In 2023, the Prison Advisory Board dissolved after growing frustration over its ineffectiveness.

 

Present-Day Challenges
Today, the situation remains dire. The ongoing federal lawsuit, Remick v. Philadelphia, is still unresolved, with the city under a $25 million contempt order for failing to meet agreed-upon conditions.

 

[Philadelphia Department of Prisons] Commissioner Michael Resnick, whom I have known for 20 years, is a good man and an extremely capable leader trying admirably to make changes. However, no single person, no matter how competent, can replace the need for a structured, independent oversight body.

 

The urgent need for independent oversight is underscored by recent events:

 

Over the past 20 months, more than 20 people have died in Philadelphia’s county jail. These deaths are reviewed internally, and families must hire attorneys to access information. Even then, they often face restrictions on sharing what they’ve learned.

 

From May 2023 to May 2024, an average of 106 individuals per month were transported from the jail to emergency rooms—over three per day—with no public explanation.

 

In the same timeframe, 420 incidents of pepper spray use were reported, sometimes occurring multiple times per day, with no external review or justification.

 

Recent events—a stabbing of a corrections officer just last week and two deaths within the last two months—only add to the urgency for oversight. The community deserves transparency about what happens behind the prison walls.

 

Commissioner Resnick’s Proposed Alternatives
Commissioner Resnick has suggested alternatives to an independent board, including expanding roles for the Pennsylvania Prison Society and the Defender Association. Obviously, both organizations are excellent choices to take part in oversight. However, neither has the authority or resources required to enact and ensure permanent and meaningful reforms. The Prison Society, for instance, cannot speak to staff or demand records, and it oversees every jail in the state, not just Philadelphia’s. Similarly, the Defender Association lacks the power to require documentation and relies on requests that the jail can simply refuse.

 

Conclusion
True oversight requires a constant presence inside the jail, with full access to records and the ability to engage directly with staff. The proposed charter change would create an entity capable of this, with the authority and resources to bring genuine accountability.

 

We must never forget that incarcerated people are, in fact, people. Almost all are citizens of Philadelphia who will be returning to communities, families and loved ones. We can’t simply lock them away and forget about them. As citizens we must do all we can to preserve their health and safety, along with the prison employees who are placed in jeopardy every day due to lack of staffing and resources.

 

The jails are a public institution, and the public needs and deserves a clearer view of what happens behind their walls. This charter change would shine a bright and steady light where darkness has reigned for far too long.

 

Thank you for your anticipated support of this initiative.

 

Click here to download a printable version

Talking Prison Conditions on WURD

October 8, 2024: Chief Defender Keisha Hudson and Director of Prison Advocacy Tom Innes spoke with Tonya Pendleton about Philly jail conditions on WURD’s “Reality Check.”

 

Full audio below: 

 

 

Driving Equality Law Highlighted on “Last Week Tonight”

“Last Week Tonight” Host John Oliver did a deep dive into the problem of pretextual police stops, holding up the “Driving Equality” Law as an example of positive changes to the practice. They even pulled a quote from analysis done by our Police Accountability Unit.

 

Watch the full segment below (video contains adult language):

 

 

Defender PAU on “Public Defenseless” Podcast

How Philly Public Defenders Uncovered Systemic Abuses in the Philly Police Department

Mike Mellon and Paula Sen from the Police Accountability Unit joined Hunter Parnell on the “Public Defenseless” podcast. The PAU team spoke about how their work helped to uncover a systemic pattern and practice of lies and illegal use of surveillance cameras. 

 

Click the “play” button below to listen.

 

Defender x HU Public Defender Incubator Program

Howard University School of Law just launched a brand-new program, the Public Defender Incubator Program (PDIP), aimed at training the next generation of public defenders.

 

The goal of the program is to bring more passionate and skilled lawyers into public defense field and fight for justice where it’s needed most. The Defender Association is thrilled to support Howard in this mission and can’t wait to see these future defenders in action!

 

Defender Association attorneys and staff will be partnering in a variety of ways, including class presentations,  and participation in mock interviews and mock trials. We’ll share more images and updates as Howard Law takes this important step toward growing the public defense field. 

Keisha Hudson on Prison Oversight Bill

PHILADELPHIA—“The Defender Association commends Councilmembers Isaiah Thomas and Nicolas O’Rourke, as well as all the co-sponsors (Council President Johnson, and Councilmembers Ahmad, Bass, Brooks, Driscoll, Gauthier, Harrity, Jones, Landau, Lozada, O’Neill, Phillips, Squilla, and Young) for their leadership in introducing an amendment to create a new Philadelphia Prison Community Oversight Board and Office of Prison Oversight.

 

“This legislation is a strong and crucial first step toward addressing the persistently dangerous conditions in Philly’s jails. We’re hopeful that the new oversight will increase transparency; improve communication between the jails and our office, as well as between the jails and the community; and enhance safety for both incarcerated people and prison staff by reducing the jail population.

 

“This legislation represents a thoughtful and comprehensive approach to public safety that goes beyond law enforcement, arrests and convictions. To that end, we echo the sentiments of Councilmembers Thomas and O’Rourke, who remind us that we have a responsibility to all of our citizens–including those behind bars.” 

 

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Statement: Another Death in Philly Jails

PHILADELPHIA–“The ongoing neglect by criminal justice partners to address the horrendous conditions  in Philly’s jails has resulted in the tragic death of Michael McKinnis. The Defender Association is still awaiting full information on the circumstances surrounding his death. For the second time in just ten days, we extend condolences to the family of another victim in the custody of the Philadelphia Department of Prisons.

 

“No guard was assigned to the unit where Mr. McKinnis was housed—an inexcusable but predictable outcome of the well-known guard shortage on State Road. The Defender Association has consistently proposed ways to safely reduce the jail population and ease pressure on the staff. We’ve repeatedly called for collaboration and dialogue to develop solutions to end this crisis.

 

“This crisis requires us to move as quickly and proactively as we did when COVID-19 was spreading through the jails. The time for city leaders to act is overdue. If this lack of urgency continues, more people are going to die in Philly’s jails.”

 

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