Commentaries on Local Justice by Bill Martin

Month: March 2020

Virus Denialism in NYS

JUST Car Rally Protest March 26 2020

US Attorney General Barr: Prisons = “petri dishes” for the virus, releases at risk prisoners

NY Governor Cuomo: Silence

NY Attorney General James: Silence

Broome County Executive Jason Garnar: Never!

Broome County Sheriff Harder: Got virus? Jails are the safest place!

We’ve been down this road before. Amidst an explosion of AIDS deaths we had a president who could not say the word “HIV”. When the opioid crisis hit, it took local Truth Pharm activists months and months to get county officials to recognize we had an opioid crisis, and then many more months to force the county government to record and release the number of deaths locally.

History repeats itself with the coronavirus. As reports around only the second death in the county reveal, the county government can’t seem to track the number of persons with covid-19, tell families of a death, or follow up and track those in contact with the person that died. Writing on county facebook pages, local residents are puzzled why so little information, by comparison to other counties and even the federal government, is forthcoming. What is there to hide?

And the deaths are coming. As JUST and other activists have continuously warned, the virus will predictably blow through the unclean and overcrowded dorms, double-bunked closed cells, and kitchen of the jail, felling the incarcerated and their keepers alike.

The county response? Worse than denialism. While even Trump’s Attorney General begins to release at least some at-risk prisoners, Broome County Executive Jason Garnar says never. Broome County’s Sheriff Harder is even more brazen: jail is the safest place to be if you have the virus. As before, it is more than denialism: it’s a death sentence for those inside and outside the jail.

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Justice and Unity for the Southern Tier is running a social media campaign to force elected officials, the District Attorney, and local judges to release as many persons as soon as possible–and provide the resources for them to self-isolate in the community.  Link to the campaign here, #FreeBCJ and #Letthemgo. And for more news, head to the JUST webpage.

Broome County Approves Death Sentences

Yesterday Broome County Executive Jason Garnar approved death sentences for scores of Broome County residents.  There is no other way to state it. In an interview with Bob Joseph on WNBF radio, he insisted he would not approve any releases from the Broome County jail.  He refused to answer any real questions:  has anyone in the jail, guards or inmates been tested? Are there any cases of coronavirus there?  He would not say.

Sheriffs, District Attorneys, and County Executives from Cleveland to California, from Texas to New Jersey and Brooklyn, are releasing thousands of persons for good reasons.  Jails are deadly for those inside them, guards and prisoners alike. As we have seen in China, Iran, and Italy, it is perfectly predictable that coronavirus clusters incubate in crowded cells and then spread into surrounding towns. Releasing persons is sound public health policy, a necessary measure to prevent death inside and outside jails and prisons.

Broome County is no exception.  Who is incarcerated? It’s not dangerous local criminals.  Broome’s jail houses 346 persons, including 29 under federal and state custody (held only to make money for the county).  Of the 346, only 89 are sentenced—and for minor crimes since persons convicted of serious crimes go to state prisons.  The simple truth is that almost all persons in the jail are innocent, awaiting trial, or charged with misdemeanors. At last public count only 6 percent of those arrested in the county were arrested for violent felonies.

It is impossible to protect those living and working in the jail from the virus. Sheriff Harder brazenly postured for the press yesterday, stating that the jail was the safest place to be.  Even a child can figure out that following even the most basic rules to prevent infection is simply impossible.  Self-distance yourself from others in a crowded pod or a double-bunked cell?  Use tissues when you cough or sneeze, when there is no ready tissue supply?  Wash your hands when you have been given 4 ounces of liquid soap a week for all bathing and hand washing? Isolate yourself when you are in a dormitory with bunk beds and shared and unclean bathrooms, toilets, showers? Wash your hands with alcohol-based hand sanitizer when none exists since it is contraband? Cover your mouth when you cough when your hands and feet are shackled while in transport of because of security status? Eat food prepared by forced labor in a distant, unsterile, unsupervised kitchen?

These are the ghastly conditions under which we keep poor local residents, from women and men suffering from terminal illnesses, to youth who are parole violators due to smoking marijuana, to a majority of the incarcerated suffering from substance use disorders, disabilities, and health problems. The incarcerated and the workers who move among them are, quite simply, under a coronavirus death watch.

It need not be so: Broome needs to follow the example of other countries and radically reduce the jail population.

Justice and Unity for the Southern Tier is running a social media campaign to force elected officials, the District Attorney, and local judges to release as many persons as soon as possible–and provide the resources for them to self-isolate in the community.  Link to the campaign here.  And for more news, head to the JUST webpage.

Coronavirus: Closing out the BC Jail

Where’s the Sanitizer?

Go to visit someone in the Broome County jail and you confront a large sanitizing station right before you enter the metal detector. It makes sense: trying to control the flow of illnesses into and out of crowded public institutions is basic preventative medicine. The only problem? Watch: persons headed inside place their hands under a spout–and nothing happens. They shake the spout and it rocks loosely. The sanitizer has been dry, unplugged, and empty for as long any visitors can remember. It’s the state of care and preparation for a flu pandemic in the Broome County jail, as in many upstate areas.  Even the most basic healthy practices are impossible in the jail.

Start with sanitizer inside: guards and the incarcerated have no access to any in the pods where up to 60 persons are housed together. The guard sits at a station without sanitizer.  Guards do have it in their separate bathrooms and in the visiting room, and it exists in the medical pod for staff use. Everywhere else, everyone remains unprotected. Persons incarcerated ten years ago recall that sanitizer was then widely available. Where did it go, and why?

[Update: the day after this post was published online, sanitizer appeared in the visitors’ waiting room. There is still none in the pods where people live and work.]

And soap to wash your hands? Incarcerated persons are given one “indigent hygiene pack” that supplies one 4 oz bottle of liquid soap a week—imagine trying to shower, wash your face, and have any left over for daily hand washings? Impossible. And social distancing? Well, try to avoid other persons when you are in a double occupancy cell (even as there are empty pods and cells). Cover your mouth when you sneeze with a tissue—when there are no tissues to be had? What do you do if you are shackled or handcuffed?

And food and nutrition? Coerced and incarcerated kitchen workers report that for years food has been prepared for both the incarcerated and guards without the private food contractor enforcing basic sanitary regulations.  Little hand washing is said to ever take place in the kitchen, shared dishes and utensils are not sanitized properly in dishwashers, food trays are moldy, meals are served with live insects, and food, staff, and the incarcerated travel everywhere. This not news: the current private food provider has a terrible record as community organizations long ago told the County Executive and legislature. Persons boarded in from surrounding counties are shocked at the quantity and quality of the food. Sick and healthy persons mingle constantly, without care or concern.

These are signs of a broken system that has long been brought to county and state officials’ attention. Public protests at the jail and at county legislative meetings have been constant. Statistics and news reports show excessive death rates, medical shortcomings, and financial malfeasance. Families have filed wrongful death lawsuits with growing numbers and success as in the cases brought by the families of Alvin Rios, Salladin Barton, Rob Card, and now Thomas Husar.

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What is to be done?

The arrival of the coronavirus in our jail threatens not only those in the jail but those in the surrounding community, as we know all too well from brutal and diffusing infection rates China’s prisons, the release of prisoners in Iran to avoid further infections, and ongoing prison revolts and family protests in Italy due to overcrowded conditions and the termination of visiting rights.

What should we do? We can

  1. Improve medical and health care inside immediately
  2. Reduce the numbers in the jail substantially
  3. Fire jail administrators and begin a transition to end the mass incarceration system in the county

1. Improve conditions immediately: for those inside, providing sanitizer, soap and better food (and finally some fruit, any fruit) will help. So too would opening access to worried family and friends, many of whom cannot visit due to work or distance from Binghamton. The county might finally consider having weekend visiting hours. It might open up use of unused, non-contact visiting rooms that allow separation between people. The county should also stop making gross profits from phone calls, and immediately lower prices and allow free calls for indigent persons in need.

2. Reduce the number at risk: short-term measures will not prevent the pandemic from sweeping through the jail and into the community. This calls for more direct action. County jails like Broome’s have tens of thousands of persons who cycle in and out, on short stays, over the course of year.

Locking the jail down is no solution. Family visitors will rightly panic over the fate of loved ones. And that will not stop movement into and out of the community: hundreds of lawyers, service workers, guards and even judges move in and out every day, not to mention persons going back and forth to court every day. And those released are coming home every day.

The most critical action is to reduce the number vulnerable to the virus in the jail and thus reduce the coming demand for complex medical care in the jail and in the community.

 How? We should dramatically reduce the number of persons by these actions:

  • Release all persons with low-level offenses by following the new bail law, reclassifying misdemeanor offences into non-jailable offenses, and using citations for low-level crimes. Can we not accelerate these measures, as has begun with the new bail law, whose implementation matches falling crime rates?
  • Release all pregnant women to community care, particularly those with disabilities and substance use disorders. Do we really think incarcerating pregnant women for minor offenses is in the service of public safety?
  • Release as many as possible elderly, disabled, and medically fragile persons.  Given data on death rates by age and health condition, should elderly and ill persons be left so vulnerable in closed institutions?
  • Release persons with substance use disorders into community-based care. Is the jail really a medical center for treating diseases?
  • Release those committed to jail for technical parole and probation violations. Does it really make sense to send my neighbor’s kid to a long-term stay in the jail for smoking weed?
  • Reduce unnecessary parole and probation hearings. Do we really want many of our poorest and often sick residents travelling by hours on public transport, congregating in large waiting rooms, and talking to officers—all for brief meetings?
  • Stop the jail from being a dumping ground for persons sent from all over the region on behalf of homeland security, ICE, and federal agencies. Does the county really need the profits from boarding in persons for federal agencies?

There is a cost with these measures: letting persons come home and isolate outside the jail would surely require expanded reentry help, most immediately housing and medical care. Community-based agencies to handle medical care and reentry services, if funded, exist. Housing presents a real  challenge, requiring state and county funds to repurpose empty hotels, dorms, and apartment buildings. Whatever the costs of a long-term transition to community treatment and assistance, they would surely be less than forcibly isolating ill persons in group settings and denying them basic medical care.

3. Any long-term, substantive improvement in medical care would begin with the termination and replacement of the private, out-of-state contractor with a new public health and food service.  And no change will occur unless Sheriff Harder, who has constructed and run the jail for over 20 years, and in a recent court ruling was deemed directly and personally responsible for an inmate’s unnecessary death, is replaced.

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What we need: oversight and an end to the jail as we know it

The dilemmas we face are not by chance: Broome County, like upstate counties, is ill-prepared by design. Previous pandemics in jails and prisons have been studied, and national plans to address them have been developed by the CDC and researchers at the Bureau of Justice among others.

You will not however readily find any consideration of these in county emergency operations plans which by law are forwarded every year to the Governor. Unlike other counties, Broome does not even have plans on its website.  Where such plans exist, as on Monroe or Sullivan county websites, they are not reassuring: the separate sections dealing with pandemics rarely if ever consider the needs of institutionalized populations. There is little mention of nursing homes and none regarding jails. Worse, the Broome County Health division tasked with the surveillance and prevention of communicable diseases has seen its staff cut by 20% and its funding by nearly 30% in the last 10 years.

These are the results of savaging the public health system and cutting health budgets in order to fund the expansion of jail, police, and district attorney budgets. The results are in hand: Broome County ranks 57th in health outcomes among the state’s 62 counties, with the jail severed from public health services, and protected from investigation by county officials.

There is an elemental truth here: our large jail system was built without any link to public health services, and lacks basic evidence-based health care and any effective oversight. For those incarcerated, their families and staff, managing COVID-19 under these conditions will be impossible. Now, not in some distant future, is the time to radically reduce the jail population, investigate current failures and abuses, and restructure the facility. The Governor and state legislators could begin this process by opening up an investigation of upstate jails as proposed in Assembly Bill 4373.

These times will test us: do we retreat into self-isolation and fear, or do we maintain a common humanity with those among us, especially with the poorest, the oldest, the ill?

How will county jail handle coronavirus?

Op-ed, Press and Sun Bulletin, Binghamton, March 8, 2020, p. A12

There is little doubt now that the coronavirus, COVID-19, will come to Broome County, if it isn’t here already. Are we ready?

It will be a challenge. Broome County ranks 57th in health outcomes among the state’s 62 counties. The County Health division tasked with the surveillance and prevention of communicable diseases has seen its staff cut by 20% and its funding by nearly 30% in the last 10 years. Regional public health centers have closed.

Those most at risk are clear: the elderly, persons with health problems, and the poor. As with the annual flu, they suffer and die the most, especially when institutionalized together. Cluster outbreaks in nursing facilities in China and now Washington state illustrate the danger.

Most vulnerable are those locked in jails and prisons, where the U.S. is the world leader and Broome County has regularly had the state’s highest incarceration rate. What happens when the virus hits the jail, primarily filled with poor persons awaiting trial (and often boarded in from distant federal agencies to make a profit for the county)?

Recent protests, lost lawsuits and federal court rulings have all exposed an excessive death rate and continuous medical failures at the jail. Are there any plans or ability to deal with a health crisis under these conditions? How might suspected cases of COVID-19 be detected? Are there test kits available to check someone with coronavirus-like symptoms? Given the closed confines and packed cells of the jail, is there a plan detailing where those at high risk or diagnosed with COVID-19 might be placed?

How might medical supplies and services be provided to those locked down inside? Will public health workers be able to move in and out of the jail, for the first time? Will persons in life-threatening, respiratory distress be able to be transferred to a hospital? Or are they to be left to die in their double-occupancy cells? Will the UHS doctor who works in the jail continue to move back and forth between the jail and his offices at Wilson hospital?

The lack of planning and denial of basic health services also endangers those who work at or visit the jail. How will the county protect guards, service and medical staff ? And their families and the families of visitors?

Locking down the jail would only serve, as in China, to intensify infection rates inside, and then spread disease into the broader community as guards and service workers move back and forth. It will also create panic, particularly among family members who no longer could contact or see their loved ones. And if lawyers and court officers can’t visit, the whole criminal justice system collapses, condemning those inside to grim futures indeed.

There is an elemental truth here: Our large jail system was built without any link to public health services, and lacks basic evidence-based health care and any effective oversight. For those incarcerated, their families and staff, managing COVID-19 under these conditions will be exceedingly difficult. The failure to plan and provide effective care threatens us all.

Bill Martin teaches at Binghamton University and is a founding member of Justice and Unity for the Southern T ier (JUST).

The Broome County Sheriff ’s Corrections Division’s 536-bed direct supervision correctional facility in the Town of Dickinson. KATE COLLINS/BINGHAMTON PRESS & SUN-BULLETIN

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