By NANCY WEST, InDepthNH.org
CONCORD – The state Department of Corrections issued a news release Monday saying an employee at the State Prison for Men tested positive for COVID-19, but added there are no positive cases among inmates and the worker is quarantined at home.
The employee last worked on March 25 and did not return until April 1 when he or she was denied entry based on the prison’s screening process and directed to follow up with their healthcare provider, the release said.
In an email later when asked how many inmates have been tested, Corrections Spokesman Laura Montenegro said, “Five residents have been tested for COVID-19 – all were negative. As stated, testing is being completed in accordance with current health care guidance. Staff are tested through their healthcare providers.”
Prisoner advocates say it was only a matter of time before COVID-19 showed up in a jail or prison facility in New Hampshire and shows the need to reduce the population for those vulnerable to COVID-19 when possible and as soon as possible as experts say a surge of cases is expected in late April.
ACLU-NH and the New Hampshire Association of Criminal Defense Lawyers started in mid-March urging prison and jail superintendents to use their authority to release some COVID-19 vulnerable inmates to Administrative Home Confinement or pretrial services when appropriate.
“For several weeks, we have been in contact with jails and prisons throughout New Hampshire, and are motivated by the steps that some have taken to reduce their incarcerated population in response to the threat of COVID-19,” said Gilles Bissonnette, ACLU-NH’s legal director.
“We are continuing to track developments closely and will keep weighing all options to protect the civil rights of all incarcerated Granite Staters during this unprecedented crisis.”
Although some county officials have taken such steps, Gov. Chris Sununu said at Monday’s news conference that he was concerned about a county jail inmate with a history of domestic violence already being released.
“It’s my understanding a judge did let an individual out with a history of domestic violence. I can tell you my administration had no part in that. That is a decision taken solely by that judge,” Sununu said. Although he added that he didn’t know the specifics of the case, “I can tell you it’s concerning without a doubt.”
On March 18, Sununu’s spokesman Ben Vihstadt was critical of the idea. “Not only does the ACLU want to handcuff law enforcement’s ability to do their job, but they also want to release potentially dangerous prisoners in the middle of a state of emergency,” Vihstadt said.
Precautions
The state Department of Corrections is promoting social distancing by reducing movement and transfer with other correctional institutions. “If we have to transfer or receive someone, a screening must occur, including a temperature check, prior to arrival on the day of the transfer,” the release said.
The department engaged in several proactive measures since the beginning of the COVID-19 pandemic. Starting at the end of January, the NHDOC began screening visitors, volunteers and newly booked residents entering the facilities.
In the first week of March, the department implemented additional screening methods for visitors and volunteers and updated screening tools for new resident intakes, parole violators and transfers based on the guidelines from the Center for Disease Control (CDC). “We updated our staff screening to include a temperature check and visual check in addition to the screening form.
“This exemplifies the benefit that screening provides and the department reports that as of the time of this release that no other staff or any residents have tested positive for COVID-19,” the release said.
Robin Melone, president of the New Hampshire Association of Criminal Defense Lawyers, said of the positive test, “This is scary but not unexpected. Candidly I am surprised we made it this long.”
On March 17, NHACDL sent a letter to Attorney General Gordon MacDonald (which was copied to the prison and the county facilities) urging release of as many inmates as deemed safe for release as quickly as possible, Melone said.
Devon Chaffee, executive director of the ACLU-NH said, “When a staff member at any correctional facility tests positive for COVID-19, it underscores the fact that residents of such facilities and corrections officers, despite increased procedures, are at a heightened risk of contracting the illness.
“Social distancing is impossible in a corrections setting. Many facilities, including the New Hampshire state prison, have taken multiple steps to reduce and safeguard their incarcerated population in response to COVID-19. We continue to strongly urge prisons and jails to take further measures to release those most vulnerable before an outbreak occurs in a correctional facility in the Granite State,” Chaffee said.