The Mercury News Weekend

Amid outbreak, party by jail deputies is under scrutiny

Sheriff’s office charts a sharp rise in staff, inmate infections

- Sy Robert Salonga rsAlongA@ bAyAreAnew­sgroup.com

T he Sa nt a Clara County Sheriff’s Office is charting a sharp rise in COVID-19 infections among staff and jail inmates, led by a new Main Jail outbreak involving nearly 30 inmates, at the same time photos have surfaced of a party attended by correction­al deputies where people were unmasked, close together and sharing drinks.

The Sheriff’s Office said it was not aware of the offduty party — which took place earlier this month — until this news organizati­on asked about it this week, and that it was reviewing the event.

“As a law enforcemen­t agenc y, we ex pect our staff to hold themselves and each other to a higher standard and take the recommenda­tions and guidelines set forth by public health officials seriously,” the Sheriff’s Office said in a statement. “The behavior depicted in the Facebook post in question are not representa­tive of these expectatio­ns or the agency as a whole. If in fact they are sheriff’s deputies, they are expected to adhere to public health guidance as well as conduct themselves in a profession­al manner at all times, whether on or offduty. The matter is being looked into.”

Multiple sources confirmed several attendees are jail deputies or supervisor­s. Images of the Dec. 6 party were posted with no privacy settings, meaning anyone with a Facebook account could have viewed the more than 30 photos and videos posted on a jail deputy’s profile, registered under an alias. The photos suggest that well over three households — the pre-lockdown gathering limit advised by state health officials — were at the party.

“It’s infuriatin­g,” said Raj Jayadev, co- founder of Silicon Valley De-Bug, which provides an array of support services for jailed defendants and their families. “Seeing those pictures and then also getting calls from families who are in tears and unsure if their loved one inside who caught COVID is going to survive. It’s more than irresponsi­bility; it’s an intentiona­l disregard for the basic dignity of people. COVID is not born within the walls of the jails; it’s brought in.”

Correction­al deputies account for close to twothirds of the 117 recorded COV ID - 19 c a ses since March involving Sheriff’s Office staff, as reported

on its public online dashboard. As of Wednesday, 19 correction­al deputies were listed with active infections, alongside 11 patrol deputies and five civilian employees.

Since Dec. 1, the number of active staff cases rose from 10 to 36. But since the staff section of the dashboard charts only daily changes in active cases, the jump could be higher. That’s because the active count is not a cumulative figure, which could mask an increase if it’s offset by people coming off infection.

On Dec. 1, there were t h ree repor t ed a c t ive COVID-19 cases among inmates in the county jails, which consist of the Main Jail in San Jose and the Elmwood Correction­al Complex in Milpitas. As of Wednesday, there were 33 active cases among people in custody, 28 in the Main Jail and five in Elmwood.

Nearly all of the active cases in the Main Jail are from an outbreak in the 7B wing. Those infected were transferre­d to the jail’s medical wing, and all men housed in 7B are being tested. Officials said they reduced groupings for outof- cell time, and they are giving inmates additional cleaning supplies and covers for when they use the phones.

In-person visitation has been suspended.

The Sheriff’s Office said it has not found a common cause for the rising staff cases. Correction­al deputies have mandatory testing for the virus every two

weeks, and testing is available to other staffers.

“Un for t u nat ely, COVID-19 cases are surging across our county and region and the Sheriff’s Office is not immune to the pandemic that is impacting all of society,” the agency said, adding that it “continues to provide all of the latest resources and equipment to help keep our staff healthy and safe so we can continue to serve the community and our inmate population.”

Ryan Elder, vice president of the Deputy Sheriffs’ Associatio­n — which represents patrol deputies— said that “while we make every effort to abide by CDC and public health guidelines, we often have close contact with those that don’t. Like many of our fellow essential workers in the hospitals, pharmacies and grocery stores, the men and women of the DSA are stepping into the unknown every shift and at every service call.”

A message to the correction­al deputies union was not returned by press time Thursday.

COV ID - 19 infections, hospit a lizations and deaths continue to skyrocket in California, where in the past two weeks average daily cases have soared by 137% and the average daily death toll by 205%. Still, Deputy Public Defender Lara Wallman said she continues to see practices that erode safety.

“In the courtroom, incustody defendants are ordered to socially distance and wear masks.

But sitting in jail or in the holding cells waiting for court to begin, they do not and cannot socially distance and mask wear

ing is not enforced,” she said. “What’s the point of social distancing when it only happens in the courtroom?

“These are people’s lives at stake,” Wallman added.

Wallman also cited prior surges that included nearly 100 inmates in a two-week stretch spanning July and August in the Elmwood facility and a surge in the Main Jail’s 5B wing in July. The Sheriff’s Office insists mask wearing is enforced for both deputies and inmates for court transporta­tion, and that it is screening people as they are booked, referring them to quarantine or medical care as needed.

The new spike in cases occurs as public defenders and civil rights advocates across California are calling for the compassion­ate release of thousands of people from jails and prisons, where COVID-19 risks have proven to be as high as four times the infection risks for the general public.

Also this month, the first major COVID-19 outbreak at the county’s Juvenile Hall and youth ranch was reported. Last Saturday, De-Bug led a rally around Juvenile Hall calling for the release of the minors currently in custody, in the name of public health. Jayadev said those calls have only gained more resonance.

“It’s inarguable at this point. The data proves it. The number of those who have been infected proves it. There is no way to keep people safe from COVID in prisons and jails,” Jayadev said. “The public is forced with a question: Are communitie­s willing to let people die simply because they are incarcerat­ed?”

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