Incarcerated young people are at risk

Afew weeks ago, amid protests across the nation to end police violence and racism in the justice system and following the state’s press conference on the alarming increase in COVID-19 cases at the Otero County Prison Facility, our organization — the SouthWest Organizing Project — held an emergency town hall pleading for New Mexico officials to protect incarcerated youth from this deadly virus.

A group of formerly incarcerated young people, as well as a mom with a child in a youth prison, spoke about the fear and anxiety that plagues young people behind bars and their families. Attending was Nick Costales, deputy director of field services at the Children Youth & Families Department. We were excited to have him join our dialogue, but he claimed his microphone didn’t work and has not responded to our follow-up emails.

Unresponsiveness seems to be a policy that starts at the top with Cabinet Secretary Brian Blalock.

We don’t believe that CYFD has not recognized the urgency of the situation and has not responded to our demands, even after the release of our public petition over two months ago, two virtual town halls, and a personal meeting with Blalock. Now the worst has happened. Three employees and three young people in our state at Lea County Juvenile Detention Center have tested positive for COVID-19, and a young person at Bernalillo County Youth Services Center has tested positive.

It shouldn’t come as a complete shock, given the fact that we’ve pleaded with Gov. Michelle Lujan Grisham and the secretary for months now. What we predicted and warned would occur has happened. That is why we’re publishing our demands here.

The first thing CYFD must do is immediately release all incarcerated youth vulnerable to COVID-19, including those with underlying health conditions. Incarceration affects the immune system, thus causing vulnerability to COVID-19. Young people of color in New Mexico are more likely to be targeted by the juvenile justice system, and their communities are more likely to be impacted by COVID-19. The risks accelerate every day CYFD neglects to take action. When were these young people sentenced to be exposed to a deadly virus in inhumane conditions?

After releasing those young people who are uniquely susceptible to COVID-19, we also demand the immediate release of youth who do not pose a threat of “serious bodily injury that is reasonably identifiable” to their family or a caring adult or into the Community Custody Program instead of detaining them in institutions, because even in normal times, youth prisons are no place for young people.

In addition, we must allow incarcerated youth more opportunities to speak with their support systems. The entire world is grappling with the mental health consequences of the uncertainty around the pandemic. Imagine being a young person dealing with these ramifications alone. Providing daily phone calls and creating a safe system where families can still visit youth, such as testing visitors before visits or doing visits outside, is the bare minimum to support these young people during this traumatic time.

We’re also demanding transparency. Why are young people still being admitted into the system during a global public health crisis?

A young person who recently tested positive contracted the virus outside of the facility and transferred it inside once he was incarcerated, threatening the health and safety of the rest of the young people and staff. This could have been avoided if CYFD were more transparent about the measures it is taking to protect young people.

Our community also wants to know what CYFD and the Governor’s Office are doing to track and ensure that young people of color are not disproportionately impacted by the twin crises of COVID-19 and racism in the youth justice system.

Youth incarceration is supposed to be rehabilitative, not punitive. What’s rehabilitative about a young person battling a deadly virus inside of a cell, away from their families? CYFD can still show us they care about the trauma these youth are experiencing — but the clock is ticking.