Advisory board members for the state’s largest jail are advocating against expanded pretrial detention fearing that the huge lockup could collapse with the increase.
Breaking Point
The Bernalillo County Detention Facility Advisory Board spent a chunk of time at its Jan. 17 meeting discussing the impact of Gov. Michelle Lujan Grisham’s proposed legislation to keep more serious and or violent offenders in jail pending trial. The gov’s legislative priorities include a change to pretrial detention to create “a rebuttable presumption for persons charged with serious, largely violent offenses. Unless rebutted by clear and convincing evidence, a defendant that poses a threat to the safety of community members can be held in custody pending trial.” Sen. Craig Brandt (R-Rio Rancho) has proposed a bill to this effect.
“My understanding of the governor’s proposal to shift the burden to defendants on certain charges, where they would need to prove that they are not a threat to the community, which would mean a lot more people waiting in trial [in jail] for their cases,”said Ken Martinez, the County Attorney.
A study done in 2022 that looked at the impact of pretrial detention in the state found that only a small percentage of defendants are charged with a second crime while awaiting trial. These results mirrored similar findings in a study done by the New Mexico Legislative Finance Committee.
According to the board, this could increase the inmate population by 60% to 66% and put an almost breaking point strain on the facility. Chairman Michael Brasher and Vice-Chair Robert Lee Martinez spoke about how this would bring the facility possibly in violation of the McClendon cap of 1,950. They expressed concerns about the already strained staffing levels and near overcrowding and the struggling jail healthcare system. The board agreed to have another meeting in the next couple weeks to formulate the wording that will be sent to the Governor’s office.
The Detention Facility Oversight Ordinance, which created the board, also aims to resolve the issues behind McClendon v. City of Albuquerque, et al. The 1995 class action lawsuit alleged that conditions at the jail were unconstitutional due to extreme overcrowding. The case prevailed and there have been several court approved agreements over the nearly 30 years. MDC is still required under court order to operate within certain parameters for the health and safety of those incarcerated. Currently, one of the settlement requirements is that MDC have a cap of 1,950 inmates at any one time.
MDC By the Numbers
A snapshot of data about the Metropolitan Detention Center, according to Candace Hopkins, MDC’s spokeswoman, as of Thursday, Jan. 18, 2024
- Today’s headcount: 1,501 in custody. Includes 47 Community Custody Program.
- Staffing: 66.9% staffing rate with 251 current corrections officers. (Budgeted for up to 411 positions)
- Incoming: 22 cadets are set graduate Feb. 8th
- Inmate deaths by year:
2020 8
2021 6
2022 4
2023 9
2024 0 to date
Conflicts
On the other side of the issue, Albuquerque City Councilors unanimously approved sending a memorial to the Governor supporting her efforts to increase the use of pre-trial detention.
The memorial was introduced by newly-elected Councilor Dan Champine, a retired Albuquerque Police Department officer at the Jan. 8 meeting. It says that the lax criminal justice pre-trial detention system has created “an unacceptable level of lawlessness in and throughout the Albuquerque area”.
Staffing Instability
Metropolitan Detention Center has been plagued with staffing issues. The warden resigned last month after being placed on administrative leave for undisclosed reasons. The county has undertaken a national search for his replacement.
In December, a 36-year old off duty correctional officer was found dead of a suspected suicide. Just days before that a 19-year-old correctional officer was killed in a single car crash on the road leading to MDC. Shortly before this meeting, another officer was fired for an alleged DWI arrest.
Inmate Deaths
There have been 27 inmate deaths since 2020 in the last three years. Some of those were due to people who had just been booked and were detoxing from something they had taken prior to being arrested. In July, the University of New Mexico Hospital took over medical services after a rash of problems and accusations that the former medical services contractor did not provide adequate care.
Body scanners, drug dogs and suboxone availability are some of the initiatives that are being put in place to try to catch the contraband coming into the jail. Interim Warden Rosanne Otero Gonzales, said that these additions will make a difference in being able to detect even the smallest fentanyl pill and to provide timely medical help for opioid addiction inside the jail.
Board Tasks
Bernalillo County Board of Commissioners created the nine member Detention Facility Management Oversight Advisory Board several years ago under a different name. Its main purpose is to provide a civilian review to make sure the MDC operates in accordance with the laws of the United States and the State of New Mexico in an effort to meet or exceed national jail standards. The advisory board provides an oversight function on operations, strategic planning and policy implementation for the MDC; it is not involved in management decisions by jail administrators or the county manager, according to county documents. It meets monthly at 4:30pm on the third Wednesday of each month at Alvarado Square 415 Silver Ave SW or via remote link on its agenda.