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The total number of COVID-19 cases in Santa Clara County Jail has nearly skyrocketed in the past three weeks, headlined by an outbreak in medium security units because officials – in a rare moment of public contrast – acknowledged that attachment to physical distance and mask worn in the South Bay detention facilities has fallen short.
Data from the sheriff’s office show that County Jails, as of Sunday, has had 151 positive tests from residents since it began registering in March, with 98 of those coming up after July 20th. Since the beginning of August, the jails have seen more than 60 new positive cases, innovative fears about submissions being transported to and from the court, where regular visitors, including lawyers, have their own concerns about full and uneven enforcement of security protocols.
Also since Sunday, county jails – which include the Elmwood Correctional Complex in Milpitas and the Main Jail in North San Jose – reported that 82 submitters testing positive for COVID-19 are currently in custody, the majority in Elmwood .
“In this pandemic, you can just not socially distance people in prison,” said public defender Molly O’Neal. “And we have lawyers in court every day, and there are not enough people to make sure people follow the rules.”
The public’s ability to control the extent of the infection problem in the county jail has also been hampered: Last week, the sheriff’s office’s online public dashboard abruptly caused COVID-19 jail cases and removed the cumulative total of the preservation in the province coronavirus cases. Now, the only tangible figure that is offered for inmate infections is the number of those currently in prison. More than 5,100 tests have been administered to inmates since March.
“A bit of transparency at this point with an outbreak is astonishing to me,” O’Neal said. “If that number is so high, you do not want to talk about it, that is a real problem, and we need to find a way to get more people out, to save people.”
Laurelyn Bracamontes, a registered nurse whose husband has been held in Elmwood since 2018, said her husband tested positive for COVID-19 about two weeks ago, and that he has moved units four times in what should be his quarantine period.
‘He is mixed with positives and negatives. It is not a good quarantine, “said Bracamontes. ‘If a wildfire came to the facility, it would be ethical to move or remove it. What seems to be happening now is that they are basically saying that we should let them go. “
In a statement Monday, the sheriff’s office said they “are concerned about the health and well-being of those in our care and are committed to providing the best possible care and medical services,” and that COVID-19 tests is extended to all prison staff, with the aim of testing 20% of staff members every week. The bureau also said it tested infected residents at least twice before being released from quarantine or the general housing infection, although several residents who were infected told this news organization that this reported testing practice was inconsistent.
What has been consistent are the claims by prisoners, their families, and defense attorneys that basic security protocols are difficult or impossible to practice in prison institutions – and that is even after the province has the daily census of the prison by more than a third reduced, down to 2,100, thanks to a series of amnesty and emergency policies.
“There is no social distance, some have access to masks, others do not, and some get masks just before going to court. Guards wear half masks, ”said Lara Wallman, a deputy public defender representing four suspects infected. “Most of my clients are people of color who are at high risk for complications. It can be the death penalty, and it’s only a matter of time before people die. ‘
At a virtual meeting last week with the county’s Public Committee and Justice Committee, Assistant Sheriff Timothy Davis admitted that adherence to security protocols has deteriorated.
“We understand that compliance in prisons in all of our groups, civil and sworn, is not 100 percent,” Davis said. “And that’s why we try to implement protocols to ensure 100 percent compliance, not only with social distance, but also with wearing the mask, and wearing the right mask on that.”
“We know we need to increase oversight, and potential corrective action,” he said.
O’Neal also remains concerned about the impact of the pandemic at the courthouse, given movement of arrested suspects coming to and from the site of the outbreaks. She added that current protocols have not effectively addressed the need for defenders for real-time private conversations with their clients.
“We need fewer people in the courthouse, and a better way to communicate with clients,” she said. “We could look forward to a perfect storm with the outbreak at the jail, and a lack of checks for compliance in court.”
The Provincial Superior Court, for its part, says robust socially-distancing and mask-worthy protocols are in place in the Hall of Justice in North San Jose, which will soon be the only open court for criminal cases in the province. Court officials continue to encourage lawyers to use video or teleconferencing remotely and appear on behalf of their clients in criminal cases.
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