Custody program changes put 18 back in jail

Remanded inmate sues, claiming breach of contract

Rather than sitting in a jail cell, Luke Catanach had been spending his days tending to a garden, caring for his daughter and helping his 65-year-old father restore an adobe school building in Corrales.

But on a Thursday morning in May, he alleges he was abruptly returned to jail after an audit found he was no longer authorized to take part in the county’s Community Custody Program, which lets certain inmates serve their sentences and await their trials out of custody.

According to Bernalillo County, 18 people were brought back into custody after a change in leadership led to a review of the program’s policies and the discovery that some participants “were not appropriate to be on CCP.”

“All these folks had their lives completely thrown out of whack. And I understand they’re, you know, in custody, but there is procedure that’s supposed to be in place for all of these things,” said Joseph Sullivan, who is representing Catanach and his father in a civil suit filed in District Court earlier this month. “If someone violates CCP, then yes, they get remanded immediately ... But in this case, (there was) not even an alleged violation.”

Catanach had been driving too fast, ran a red light and hit a curb on Coal, flattening a tire. He was arrested for reckless driving, and before his vehicle was towed, deputies found a gun in the glove box. Because of two prior felony convictions — drug possession and larceny — he was prohibited from having a firearm. He took a plea and was given a one year sentence that began in January.

A CCP representative told Catanach that he might be eligible for the program. His father paid a $30 fee, agents visited his home to ensure it met the program’s guidelines and Catanach was released in late April.

“Your continuation in the program will depend on how well you comply with the regulations, which govern participants,” the CCP contract states. The contract does not say, according to Sullivan, that the county can remand a participant at any time for any reason.

Rick Catanach, Luke’s father, says his son struggled with addiction but finally kicked it years ago with the help of methadone. The skilled craftsman and carpenter had been working alongside his father, repairing a water-damaged adobe

schoolhouse turned residence built in the late 1800s.

“It was on the brink of falling apart and we were putting it back together,” Rick Catanach said. “It’s not an easy task.”

But on May 30, Luke reported for an ordinary check in and was told he would be returned to jail.

“He was straight as an arrow and he had not done anything wrong, so it was really kind of perplexing,” Rick Catanach said.

Tia Bland, a spokeswoman for Bernalillo County did not say why Catanach specifically was found to be ineligible for CCP. But she said the county recently shifted the way in which the county determines who should be placed on CCP.

“We have also launched a new review panel, taking the decision whether someone meets the qualifications to be on CCP, out of the hands of one person and putting it to a committee review,” Bland said.

Rick and Luke Catanach have filed a breach of contract suit against the Metropolitan Detention Center seeking to return Luke to CCP.

In the meantime, it seems Luke Catanach is trying to make the most of his stay.

“He’s already read 14 books this year,” Rick Catanach said. “He’s taking classes in there, some high school classes. He plays a lot of handball. He plays chess.”