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Several attorneys report information from clients that there is an outbreak of covid-19 at New Bedford’s Ash Street Jail.
A lack of testing combined with an antiquated facility presents a unique risk to inmates, jail staff, law enforcement, and counsel, and could violate inmates’ 6th Amendment right to counsel.
Bristol County for Correctional Justice has learned from several local attorneys that clients are reporting an outbreak of covid-19 at the Ash Street Jail. These reports are consistent with an alarming trend of covid-19 surges in correctional facilities throughout the state and the country, but also highlight the unique dangers at Ash Street.
“It’s a systemic thing happening in Bristol County,” said New Bedford Attorney Colleen Tynan. “It’s not a modern facility, and Sheriff Tom Hodgson is choosing not to test.”
In addition to a lack of testing, explained Tynan, Ash Street’s small cells and lack of private rooms prevent counsel from meeting safely with clients. The jail also lacks modern technological solutions such as Zoom video calls, which is available at other facilities.
“There’s no sense of safety,” said Tynan.
The conditions at Ash Street which prevent safe meetings with attorneys also call into question whether inmates’ 6th Amendment right to counsel are being violated. While phone calls with lawyers are allowed, such calls can be hampered by restrictions of movement within the facility.
Covid cases in prison are on the rise both statewide and nationally. On Sunday, an article in CommonWealth Magazine reported spikes at both MCI-Norfolk and MCI-Concord. The record spikes in coronavirus infections at US correctional facilities prompted the editorial board of the New York Times to call for action in the form of noncustodial penalties for minor infractions and limiting pretrial detentions.
“The case rates among inmates are more than four times as high as those of the general public, and the death rate is more than twice as high,” wrote the editors, who also highlighted the impact the pandemic is having on the more than 685,000 people employed by the correctional system.
“There have been more than 45,470 reported coronavirus infections and 98 deaths among staff members to date. Their case rates are three times as high as for the general public.”
At Ash Street, there have been reports of incorrect use or inadequate availability of personal protective equipment since the pandemic began. One attorney noted that inmates are fearful to report symptoms out of concern they will be placed in solitary confinement, and another said clients have reported improper use of personal protective equipment within the facility.
“The Sheriff is denying all this, claiming 100% compliance,” said one attorney. “We’re hearing from our clients that that’s not true.”
Bristol County for Correctional Justice is a volunteer-led advocacy group dedicated to improving the treatment of incarcerated and detained people in Bristol County. Our aim is to ensure that those held in our County’s correctional institution have opportunities to return to their communities as constructive and truly rehabilitated residents.
