Everyday Erinyes #223

 Posted by at 9:00 am  Politics
Jul 112020
 

Experts in autocracies have pointed out that it is, unfortunately, easy to slip into normalizing the tyrant, hence it is important to hang on to outrage. These incidents which seem to call for the efforts of the Greek Furies (Erinyes) to come and deal with them will, I hope, help with that. As a reminder, though no one really knows how many there were supposed to be, the three names we have are Alecto, Megaera, and Tisiphone. These roughly translate as “unceasing,” “grudging,” and “vengeful destruction.”

This story has not been getting a lot of attention, and I can see why. It’s about one state, not a terribly populous one, and, within that state, a very small and quite specialized population, one which most people frankly don’t care about. I’ve been following liberal sites, blogs, and comments in particular to get a pretty good idea that even among liberals, maybe especially among liberals, these are not people high on our list for fighting injustice.

But exactly for that reason – this story is the point at which push comes to shove. A moment of truth. This when we find out whether we truly have compassion for every human being, or just for some human beings.

No one said it would be easy.
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Massive COVID-19 outbreak at a southern NM prison hits just one type of inmates — sex offenders. That’s by design.


By Jeff Proctor, New Mexico In Depth | June 27, 2020

As the coronavirus established a foothold in southern New Mexico’s Otero County Prison Facility in mid-May, state officials quietly moved 39 inmates out of the massive complex near the Texas border to another prison near Santa Fe.

The inmates shared something in common: None was a sex offender.

In the days before the 39 departed the massive correctional complex where New Mexico’s only sex offender treatment program is housed, officials were still transferring sex offenders from other state prisons into Otero. It was a routine practice they had yet to stop, even though more than a dozen COVID-19 cases had already emerged elsewhere in the prison.

Six weeks later, 434 inmates — or 80% — have the virus, within a prison population that’s now entirely composed of people who, at one time or another, were convicted of a state sex offense.

Three have died. Eight more lie ill at University Hospital in El Paso.

One of New Mexico’s most crowded prisons, Otero is the only state lockup with more than one COVID-19 case. And yet no prisoner from the facility has been released early under an executive order issued by Gov. Michelle Lujan Grisham on April 6 because sex offenders are not eligible.

Prisoners from the state’s 10 other facilities have gotten out, however, documents New Mexico In Depth obtained through a public records request show.

The revelations come through more than a week of reporting by New Mexico In Depth, and confirmation from Corrections Department spokesman Eric Harrison.

The timeline of inmate transfers as the virus crept into the prison is “really concerning,” said Lalita Moskowitz, staff attorney with the American Civil Liberties Union of New Mexico.

“It indicates that Corrections knew that there was likely to be an outbreak or that there was some danger or risk to people housed in that facility,” Moskowitz said. “And they made a very clear decision about who in that facility was worth saving during a pandemic, and did so earlier than they were showing any sort of concern to the public.”

State officials didn’t seek to create a sex-offender-only prison purposely by sending the 39 inmates to Santa Fe, Harrison said. Rather, they did it “for COVID reasons,” he said, adding that they had been housed in a separate area of the Otero prison, away from the sex offenders.

“It wasn’t a specific policy change or big decision to make Otero the only sex-offender-only prison,” he said. “After that first inmate tested positive, we needed space to create a quarantine unit.”

As of Thursday, there had been no discussion in the Lujan Grisham administration about revisiting the criteria in the executive order on early release, including the provision excluding sex offenders, Harrison told NMID.

That’s despite the outbreak in Otero County.

“As the state continues to battle COVID, I’m sure that will be something that comes up,” Harrison added.

In the other wing of the Otero County Prison Facility, where federal inmates are detained by agencies including the U.S. Marshals Service and the Department of Homeland Security, 275 prisoners have contracted the virus.

Most are locked up on drug-related charges, officials revealed this week.

Next door at the Otero County Processing Center, where Immigrations and Customs Enforcement detains hundreds of migrants, 146 people have tested positive for the potentially deadly virus.

It is not clear what percentage of the federal prison populations at the Otero facilities are infected because the total number of inmates locked up at the processing center and the federal wing of the prison facility are unknown. Management and Training Corp. (MTC), a private prison company, operates both prisons under contracts with the state and the feds.

Neither MTC nor federal agencies would disclose the total numbers of their detainees in either prison or processing center.

But as of Friday the state held 539 people in its half of the prison facility, when New Mexico officials reported that 434 of them had contracted the virus.

Driving the numbers

For now, grim numbers from Otero roll in each afternoon from the governor’s office, driving not just the rate of infection for incarcerated people, but the state as a whole.

June 5: 129 positive test results for inmates at the Otero County prisons. That was 39% of the state’s 331 new infections announced that day.

June 20: 37% of new virus cases announced were behind the walls near the Texas border.

June 21: 41 more incarcerated people in Otero County had the virus — 30% of the day’s new total.

Already held up in the national press as a state whose approach has saved lives and kept infections relatively low, New Mexico might look even better nationally were it not for the Otero County Processing Center and the Otero County Prison Facility.

At the end of the week 855 people locked up in the two prisons have tested positive for the potentially deadly virus since early May, officials say — nearly 8% of New Mexico’s overall total stretching back to March 11.

An experimental prison

It’s by design that Otero is home to such a large number of incarcerated sex offenders. Sidebar

New Mexico Corrections Department officials first contracted with MTC to manage a wing of the Otero County Prison Facility in 2013, under then-Gov. Susana Martinez. The plan was to create a sex-offender-only prison and offer treatment to an initial group of inmates, then constantly reevaluate.

Sex offenses, under New Mexico law, range from violent rapes to child exploitation to aggravated indecent exposure.

“There’s a sort of perception that we have in society about who’s a sex offender,” Moskowitz of the ACLU said. “Of course, there are the really serious, violent and child abuse cases. But a lot of people get labeled as a sex offender and required to register who we wouldn’t think of in that way.”

The Otero experiment has produced mixed results and reviews through the years, though corrections officials have continued to feature it as the state’s only prison where the Sex Offender Treatment Program (SOTP) is available.

Steadily, the population has grown to over 500, partly as corrections officials have identified sex offenders in other New Mexico prisons as candidates for the SOTP.

Transfers from around the state to Otero have been a regular feature for years, Harrison, the corrections spokesman, said. They slowed as the pandemic landed in New Mexico in early March, but continued after the outbreak began on the federal side of the building.

“In March, across the board, we really looked at all the facilities and said, ‘Let’s limit inter-facility transfers unless it’s really an as-need basis,” he said. “Once we got that first inmate positive on the state side … once that outbreak hit, that’s when it really came to a halt there at Otero.”

Corrections officials have maintained that there’s a bright line between the state and federal wings of the Otero prison.

“There is never a time where inmates or staff from the state and federal side will cross paths or use shared spaces,” Harrison wrote to NMID in May. “That was not practice previously, and is not practice now.”

Harrison did not say how many inmates had been transferred into Otero in the week between when cases emerged in the federal and state wings of the prison.

It is not at all clear when the COVID-19 outbreak actually began in Otero County — because MTC and the feds have remained tight-lipped about their testing regimens, and state officials did not begin scouring for the virus until at least two months after the pandemic reached New Mexico.

Since 2013, the Corrections Department has maintained a little-known, seldom-discussed 44-bed section for non-sex offenders in the prison.

It sits apart from the main area, but the two sections are laid out the same: “dormitory-style,” with cots for sleeping spaced no more than three feet apart.

State corrections and health officials on Wednesday acknowledged that the close proximity has made containing virus spread in the prison nearly impossible.

Although the 39 non-sex offenders are no longer in that area in Otero, these days the 44-bed unit is being used to quarantine inmates.

The Central New Mexico Correctional Facility in Valencia County features a similar design. But there are some differences in the two prisons: Fourteen inmates have been released early from Central, which is at about 69% of its design capacity and has reported one COVID-19 case for an inmate.

Otero, where no inmates have been released early, was 83% full as of Thursday with 434 infections. (That’s also higher than the current statewide population, which is at about 80% overall capacity.)

*The person is not a sex offender’

On Wednesday during a virtual news conference, state Corrections and Health department officials addressed the Otero outbreak and acknowledged the transfer of the 39 inmates. They did not elaborate.

Harrison, however, confirmed that the 39 inmates transferred out of Otero last month had been tested before leaving, again once they arrived at the Penitentiary of Santa Fe and again after a 14-day quarantine in Santa Fe. All have tested negative.

The Penitentiary has recorded one COVID-19 case.

Another issue that did not come up at the news conference: No inmates have been released from Otero prior to the end of their sentence under Lujan Grisham’s April 6 executive order, which acknowledges that “social distancing measures” are “the most effective way to prevent the spread of COVID 19.”

The order continues: “The early release of incarcerated individuals who are near their release date and meet certain criteria will help to protect public health without a concomitant risk to public safety.”

To date, 71 of roughly 6,200 inmates have been released under the order statewide — a miniscule figure compared to other states that have sought to reduce prison populations. The low figure has drawn heavy criticism from justice system reformers and civil rights advocates.

The order is far more restrictive than what’s allowed for early release under state law, as New Mexico In Depth has reported previously.

Inmates have been released from each of the state’s other 10 prisons except Otero, the records obtained by NMID show.

Just three of those prisons — in Cibola, Santa Fe and Valencia counties — have seen coronavirus infections, with one case at each of those prisons.

Corrections officials have continued to scan their prison population for people who can be released early, as required by the executive order, Harrison said.

“Every inmate goes through the same review process, and we are conducting those reviews to identify eligible inmates on a regular basis,” he said. “We have released everyone who has been identified. Sex offenders obviously are ineligible.”

The order lists seven criteria for early release: that inmates be within 30 days of the end of their sentence; they must have a parole plan in place; and they must not be serving sentences for domestic abuse, felony DWI, assaulting a police officer or any crime with an added firearm enhancement; and that “the person is not a sex offender.”

There’s a key difference for sex offenders: Anyone who has one of those convictions on their record — even if they’re serving time now for a completely different crime — is excluded from early release under the order.

“It’s interesting to exempt an entire classification of people, not based on the sentence they’re currently serving, but based on a designation that lives with people their whole lives,” Moskowitz of the ACLU said. “It indicates all of the perceptions and ideas and stigmas are carrying into this action that the governor is taking with the idea of saving people’s health and lives.”

Harrison acknowledged that there are inmates at Otero who have past sex offenses, but are incarcerated for something else now.

“Whatever we have decided as a society to do to punish people, regardless of whether we think all of those things are justified or make sense, we as a society have not sentenced people to suffer in a disease-ridden cage,” Moskowitz said.
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Alecto, Megaera, and Tisiphone, I understand the need to handle sex offenders in ways which protect the public. I understand that sex offenders are wired differently than most other kinds of offenders. I have no problem with mandatory registration, including life long. But that does not mean that sex offenders are not human beings. It does not excuse society, including corrections facilities, from treating them as human beings. Considering the number of current active cases, it would appear that that damage has been done. It should not have been done, and it should not ever be done again.

The Furies and I will be back.

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  14 Responses to “Everyday Erinyes #223”

  1. I had no idea about this. 
    Thank you for bringing this to the light. 
    I appreciate you’re getting this out here too. 
    Thank you! Joanne for your informative post. 

  2. “…disease-ridden cage.”  That is, perhaps, the operative term.  I have to agree with you, that this is a thing that ought not have been done.  Yes, “sex offenders are wired differently,” but since we as a culture, do not sentence them to death, we ought not, in effect, sentence them to living on the edge of death. Or with a disease, chronic, or otherwise.
    I did not work with sex offenders, in my 51 year career, but did work with the mother of one, an exposer, as I recall.  Whatever treatment he received did not help, and he wound up back in prison.  He acted out out of impulse, apparently did not plan his acts.  
    Another fellow, I found out as he was being seen, was raised, in part, by an aunt, who was a “visiting hooker,” who would take him along, when she babysat him, as a young boy.  He would be left in the John’s living room, watching TV, while the adults “excused” themselves.  His perception, as an adult, was that exposing himself was no big deal.  
    Any of the agencies in which I worked allowed us to treat sex offenders.  
    However one becomes a sex offender, I believe that treatment of them is hugely unsuccessful; sadly, actually.

    • Impulse control is a biggie.  And that can be inborn, but can also be the result of a head injury.  Descartes’ Error by Antonio Damasio is an extremely technical work of neuropsychology – but the first section is not technical, is full of historical and contemporary anecdote (and I grant anecdotal evidence is not proof, but it can be extremely valuable to help people understand things), and really shows how a disconnect between reason and emotion can ruin lives in all functional areas of life, including sexuality, and how impulse control is a big part of that.

    • Mitch, let me correct you on this.  The recidivism rate for sex offenders who complete treatment is 11.1%.  Average recidivism for all crimes is 64%.  Very few sex offenders (less than 5%) are “predatory fixated”.  They are the ones for whom treatment is ineffective.  They need a psychiatric environment, not prison. 09

  3. On the face of it, this has the appearance being a willful program which administrators knew would result in this kind of infection rate – to a population they clearly see as less than human.

    Disgusting – but I’ve no doubt that Talibangelical christianists would be just fine it.

    • Putting all sex offenders together certainly has bioth advantages and disadvantages – one of the main advantages being a single location to operate an expensive and difficult problem which providers often burn out of.  And as little respect as I have for Susana Martinez, I can’t fault her for not having foreseen in 2013 that there would be a pandemic in 2020.  I can agree with you on the moving non-sex-offenders out and more sex offenders in, but that alone did not create the infection rate, which was already high when they made the transfers.  Also, whetever I may think of state law (actually very similar to that in many other states), and despite the fact that many people in many states are working to get it changed in their states, the fact is. that the legal definition of once-a-sex-offender-always-a-sex-offender and the prohibition against early release for sex offenders ane a matter of state law.  Yes.  “Less than human.”  But these is so much to this problem, and it’s not exactly something people like to think about. 

  4. San Quentin’s epidemic is attributable to transfers from a prison with an outbreak, and the Governor is set to release 8000 early (near discharge and/or medical fragility).
    Other states also have some horrible situations like MD’s predominantly black populations and what happened in OH.https://therealnews.com/stories/majority-black-prisons-jessup-maryland-covid-spikes
    https://www.huffpost.com/entry/covid-19-marion-correctional-institution-ohio_n_5ee9160cc5b6338d2d1ba849
    MN used to have a small, possibly separate facility, sex offender program last century that was heavily studied on whether any treatment program could make a difference on re-offending.  Data indicates time between offenses (caught anyhow) tends to be more like 8 yrs. or much longer than other types of offense, which is part of why the registration requirements.

  5. JL mentioned the prison situation that’s currently being looked at by California Governor Newsom. He’s been speaking about San Quentin for the past week during his noon time daily Covid-19 updates.
    Governor Newsom was saying that he’s trying to figure out where the ones he does release can be placed. He’s doesn’t want them to be released and end up on the streets. So now telling where they will end up?
    Transferring prisoners from one prison to another seems insane during the Covid-19 pandemic happening.
    I hope they can come up with a safe way to fix this issue within these prisons and will not placing any danger on the public.
    Great information.
    Thanks Joanne

    • He’s right on about early release. Being released from prison doesn’t necessarily mean you have anywhere better to go. Transferring prisoners between prisons might make sense if you have a prison with no cases and some room, and prisoners who have tested negative to put there. But, yes, it’s tricky. I’m glad you have someone who is considering all of the forgotten parts.

  6. All prisoners are human beings, no matter what their crime, and should not have their human rights violated.

    No prisoner should be ‘punished’ more than others because of the way some authorities in the system perceive their crime.

    All prisoners who are expected to return to society when sentenced should receive the appropriate means of rehabilitation while incarcerated to prepare them for that return.

    When society takes it upon itself to punish those who have violated its norms, it also takes on the responsibility to treat the punished under the same standards of these norms.

    Thank you for posting this excellent article discussing the complex issues of imprisonment in times of a pandemic, Joanne. 

    • So simple – but do difficult for most people to grasp.  The only distinction should be that for which you use the word “appropriate” – and there, the approptiateness (or not) shoud be related to how the individual prisoner learns, not simply the crime.

      I can already hear the cries of “Who can afford that?”  Well, each state would have a better chance of being able to afford it if it would redirect money used to give police flash-bang toys (to name just one waste of money.)

  7. Thanks for a great article, JD, and a BIG Amen to Lona. 35

    People who commit crimes and go to prison are there AS punishment.  In spite of many qualifies and dedicated professionals in the system, far too many correctional staff think prisoners are there FOR punishment and do their best to punish the prisoners.

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