The ACLU of Colorado announced on Friday that it has reached an agreement with the state’s Department of Corrections that would address inmate safety during the COVID-19 pandemic amid soaring caseloads nationwide.

“This resolution gives essential protections to thousands of people who are incarcerated and terrified of this deadly virus, and could not have happened without the significant efforts by all of the state’s leadership from the beginning,” said Anna Holland Edwards, an attorney cooperating with the ACLU on the case.

The civil liberties watchdog filed a class action complaint against the state in May alleging violations of detainees’ constitutional rights. Requesting that a court direct the CDOC to protect medically-vulnerable inmates, the ACLU also sought priority release for people whose conditions put them at higher risk of COVID-19.

Gov. Jared Polis quickly demurred, announcing that he would “vigorously defend against any lawsuit that seeks to turn this pandemic into an effort to release dangerous criminals.” The case against Polis over prison population reduction is still active.

According to the settlement, an independent expert will advise the CDOC on protections for covered inmates, who include those 60 years of age or older, those with potentially life-threatening underlying conditions and pregnant inmates. A range of conditions from asthma to HIV also merit inclusion.

The Department of Corrections will identify detainees at risk and offer them single cells, although there is no requirement to transfer inmates between facilities to house them individually. All inmates will receive two bars of soap per week and access to cleaning agents, and CDOC will sanitize common areas.

“Inmates in isolation or quarantine because of contracting or exposure to COVID-19 shall have access to personal items and property, whenever possible,” the agreement reads.

The resolution comes as the United States reported more than 143,000 COVID-19 cases on Wednesday, a record level of new infections for the deadly disease. On Thursday, Colorado experienced its highest single-day rise in infections.

“If we’re going to maintain this pace of work, and this amount of patients, we’re going to have to think hard about how we can decrease the flood of COVID patients coming into our hospital,” David Steinbruner, UCHealth Memorial’s chief medical officer.

Earlier this week, The Gazette reported more than 850 inmates out of 1,246 at the El Paso County jail had tested positive, a spread which a spokesperson likened to “wildfire.”

As of Oct. 6, there had been 125 inmate deaths and 17,140 infections in the federal Bureau of Prisons, according to the Federal Defenders of New York.

Sandra Winston, whose husband, Gary Winston, is incarcerated at Sterling Correctional Facility, told the ACLU that Gary, 58, has upper respiratory problems. “It feels like he’s in hell and I can’t do anything to help him. The prison is a petri dish and the virus is spreading fast,” she said.

The state health department’s outbreak map shows there have been more than 700 infections among inmates and staff at the facility, with four detainee deaths.

Colorado’s Department of Corrections also agrees, pursuant to the settlement, to notify inmates of COVID-19 protocols. There will be a waiver of medical copays for COVID-19 evaluations, and a 1-800 number for covered inmates to contact attorneys if needed.

Prisoners will receive two free masks, and will receive a replacement if one is damaged or lost. The agreement lays out further protocols for testing and quarantines.

“We view this as a win for the people of Colorado,” said CDOC executive director Dean Williams in a statement. “This provides our Department with some additional tools to combat COVID-19, including access to the advice and assistance of an expert in the field, which is something that we were contemplating doing regardless of any lawsuit.” The department added that it had already implemented several of the provisions in the settlement over the past several months.

This story has been updated with a statement from the Colorado Department of Corrections.