Coronavirus outbreak a concern for jails
Most businesses and some government offices have closed temporarily to help slow the spread of COVID-19, but closing isn’t an option for the state’s courts and jails.
The U.S. Constitution provides several rights to anyone charged with a crime, and the New Mexico Rules of Criminal Procedure further outline rights afforded to those arrested and accused of crimes in New Mexico. But as courts and county jails look for ways to reduce potential exposure to the coronavirus, it becomes increasingly difficult to find balance between protecting the public and maintaining the rights of those charged with crimes.
Brett Phelps, a defense attorney from Mora County, told the Optic the courts are doing a good job under difficult circumstances, but the situation isn’t without challenges. For instance, he recently assisted a client during a hearing that took place entirely by telephone. The process was frustrating at times, he said, but it also illustrated some potential problems.
“I think it raises some serious issues in regards to the constitutional right to confront your accuser,” Phelps said. “Everybody called in on the phone, and we’re supposed to cross-examine the witness … when they’re on a phone somewhere and you can’t see them, can’t judge their body language. It was frustrating, but I’m not sure exactly how else you handle it because we don’t want to delay those kinds of (hearings).”
More challenges were raised when a different client appeared in court via video conference. To attend the hearing, Phelps called into the courtroom on a conference call phone line, but in order to speak to his client privately, he had to use a second phone, muting himself on the courtroom conference call each time he needed to talk to his client.
While the courts have found ways to help protect the public from exposure to coronavirus, Phelps said he’s still concerned about the possibility of an outbreak inside the state’s prisons and jails.
“It’s not just the inmates. It’s the staff that are there as well. The guards are in close contact, and then go home at the end of each day,” Phelps said. “It affects more than just those who are incarcerated.”
The American Civil Liberties Union of New Mexico has sent requests to a number of jails seeking the release of inmates serving time for minor offenses, technical parole violations and those who are within one year of release. In a statement, the ACLU said health experts have warned that once an outbreak occurs inside jails and prisons “it will spread quickly and devastatingly,” threatening staff, attorneys and those in surrounding communities.
Fourth Judicial District Attorney Richard Flores did not respond to requests for comment on the possibility of inmates from the San Miguel County jail being released.
The ACLU has also called on jails in New Mexico to develop plans to mitigate the risk of spreading the coronavirus.
Matt Elwell, warden of the San Miguel County Detention Center, told the Optic that both staff and inmates have been instructed to wash their hands regularly and to practice social distancing, though Elwell admits it’s something that’s difficult for inmates to do in a jail setting.
“We’re trying to educate them on the virus and its symptoms, and reassure them that we’re taking precautions to protect them,” Elwell said. “And we’re increasing recreational activities to get more people out of the pods at a time.”
As of this writing, no cases of the coronavirus among SMCDC staff or inmates have been reported.
In an affidavit filed in District Court, Elwell outlined the jail’s response to preventing the spread of the virus within the jail, things like providing extra soap to inmates, cleaning doors and handles six times a day and having a disinfectant mix “provided twice a shift for cleaning of living areas.”
All inmates booked into SMCDC between the hours of 8 a.m. to 8 p.m. are screened for symptoms of the coronavirus, according to the affidavit, and inmates booked after those hours are screened “within 12 hours of acceptance.” The jail is also staffed with three on-site registered nurses, and has telemedicine access to a nurse practitioner, a medical doctor and a psychiatrist.
Elwell told the Optic that a reduction in the jail’s population is also helping prevent the spread of the coronavirus. At full capacity, SMCDC can house 154 inmates — 130 men and 24 women. As of this writing, 65 people were booked into the jail — 63 men and 2 women.
Gov. Michelle Lujan Grisham this week issued an executive order releasing five inmates from New Mexico prisons, primarily those who were already scheduled to be released in the next 30 days.
Phelps said he approves of the governor’s decision, but he’d like to see even more inmates released before an outbreak occurs.
“The only solution is to try to limit the number of people in there, and the number of those going in,” Phelps said. “We’ve been fortunate in the New Mexico system so far, but the problem is, by the time you realize it’s happening, it’s going to be too late.”
