STATEN ISLAND, N.Y. — Staten Islander Jennifer Donnelly believes her son, who Long Island police arrested in November, is innocent — but no matter the outcome of his trial she’s worried about coronavirus (COVID-19) in the state’s prison and jail systems.
Suffolk County Police arrested 19-year-old Robert Diaz on Nov. 2 for alleged gun possession and violation of a court order. He’s been held since then in the county’s jail system on bail of either $50,000 cash or $100,000 bond.
Donnelly, of Elm Park, said Diaz tested positive for the virus in December, and has been subject to multiple transfers by the Suffolk County Sheriff’s Office, which oversees the jails, making it difficult to stay in touch with him.
Additionally, her son -- who is an aspiring rapper -- has asthma, making him more susceptible to the effects of the virus, and as cases rise around the state and nation, Donnelly said her worries only grow.
“I am very stressed out about my son’s condition,” she said. “I can’t get any information when I call the jail cell, they won’t tell me anything about him.”
She said she’s heard from other families with relatives in the jail system that have similar concerns about the conditions.
COVID IN NY’S JAILS AND PRISONS
The pandemic has impacted both inmates and staff across the state’s jail and prison systems.
Since the start of the pandemic, 3,952 staff members and 4,502 inmates had confirmed cases of the virus as of Wednesday, according to the state Department of Correction and Community Supervision (DOCCS).
The same data showed seven staff and 29 inmates died as a result of the virus.
According to the Centers for Disease Control and Prevention (CDC), only 6% of deaths related to the pandemic listed COVID-19 as the lone cause. Co-morbidities include cancer, obesity, and existing respiratory issues, according to the CDC.
Of the 4,502 inmates with confirmed cases, 3,379 have recovered leaving 1,123 of the 40,956 inmates housed in the system’s 52 facilities infected with the virus.
MITIGATING THE SPREAD
Chief Deputy for the Suffolk County Sheriff’s Office, Michael Sharkey, told the Advance/SILive.com that the jail system has been “very aggressive” in mitigating the virus’ spread, and said that up until Thanksgiving it had only had two inmate cases related to in-facility spread.
“Everyone has been dealing with this pandemic since last March, and we’ve been very, very successful in our facilities in initiating safeguards to keep things at a minimum,” he said. “There’s been that ‘second surge,’ if you will, since Thanksgiving and that has impacted us as well.”
In addition to a mandatory mask policy and required temperature tests for staff entering the facility, Sharkey said there’s round-the-clock medical staff at the their facilities and laid out some of the department’s protocols for quarantine, including:
- New inmates and inmates returning to facilities are automatically put on a 14-day quarantine away from the existing jail population and monitored to see if they develop COVID symptoms.
- Quarantine protocol also goes into place for entire housing areas where an inmate tests positive.
Actual testing for the virus among inmates is a decision that is ultimately made by the Suffolk County Department of Health Services.
On Tuesday, Donnelly said she received a letter from the warden at her son’s jail informing her about the protocols they have in place, but that it did not ease her worries because she says it contradicts what she’s been hearing from her son.
“I don’t think I’ll ever feel better about the situation. I don’t think (the letter) really helped,” she said.
CLEMENCY, VACCINATION FOR INMATES?
The Legal Aid Society of New York has advocated for release of multiple inmates, who are at higher risk from the virus, in the state’s jail and prison systems.
Lawyers for Legal Aid have filed more than 100 COVID-19 clemency applications since the start of the pandemic, but Gov. Andrew Cuomo has granted just one.
Their clients seeking clemency include a 59-year-old man with stage-two leukemia, hypertension and “kidney disease,” and a 62-year-old man with HIV and a heat murmur. Both men have strong disciplinary records, and are serving time for low-level drug offenses, according to the Legal Aid Society.
As New York has begun its vaccination process, Legal Aid has also called for the state to begin offering the vaccine to its incarcerated population.
While the governor has authorized vaccination for prison and jail staffs around the state, inmates have yet to be authorized despite CDC recommendations to vaccinate inmates and staff at the same time, “because of their shared increased risk of disease.
“Outbreaks in correctional and detention facilities are often difficult to control given the inability to physically distance, limited space for isolation or quarantine, and limited testing and personal protective equipment resources.”
In a Thursday media release, Supervising Attorney with the Prisoners’ Rights Project at The Legal Aid Society, Stefen Short pointed out that inmate vaccinations had been approved in other states, including Iowa, Massachusetts, and Virginia.
“While governors in other states take decisive action to stem the spread of COVID-19 in carceral settings, Governor Cuomo has ignored the appeals of health experts, who agree that prisons and jails are high risk settings that should be prioritized for vaccine access,” Short said.
“In view of these daily sizable increases in confirmed virus cases in DOCCS, it’s unconscionable that Governor Cuomo continues to deny our clients lifesaving relief. We demand action now,” Short continued.
DOCCS spokesperson Thomas Mailey said the department is working with the state Department of Health to develop a plan to vaccinate the system’s inmates.
Regarding Diaz’s incarceration, Deputy Chief Sharkey pointed out that, after the state’s recent bail reform, only people charged with the most serious crimes are held with bail while awaiting their trial. Diaz’s next appearance is scheduled for Feb. 4, according to online court records.
Donnelly said she understands that people need to be held accountable for their actions, but that more consideration needs to be given to inmates’ health during the pandemic.
“I need to help my son and the other inmates,” she said. “They are trapped in a living nightmare, the conditions of these facilities are already disgusting, now they are fighting for their health.”
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