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“It is well documented that COVID-19 has terrorized the world with many dying and many growing severely ill. The most vulnerable among us have borne the brunt of this disease, including those with underlying medical conditions,” Morrison wrote. “Petitioners all have underlying medical conditions that place them in the group who is most at risk of serious consequences from infection.”
Refunjol, who is from Venezuela, has been detained at the jail since November and suffers from hypertension and asthma. Morrison noted Refunjol has a “minimal, nonviolent” criminal history. He was arrested in Warren County for OVI.
The judge ruled he must be quarantined for 14 days and is not allowed to leave the state.
ACLU attorney Elizabeth Bonham wrote the conditions at the jail here are ripe for the spread of the virus.
“At Butler, detainees sleep in small, often-shared cells, also in bunkbeds, and can have a revolving door of different cellmates. At both facilities, detainees have to use phones that are similarly close together, and are not disinfected between uses,” Bonham wrote in the complaint. “All surfaces are shared. There are shared bathrooms and there are no disinfectants or sanitizers — only, at best, basic hand soap. The facilities are poorly ventilated, and many detainees have recently been febrile or coughing.”
There will be a preliminary injunction hearing May 11.
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Bonham told the Journal-News she couldn’t discuss what might happen at the hearing but said the ACLU has several ongoing cases across the state.
“In this and all of our cases regarding releases from detention contacts during the coronavirus pandemic, what we’re trying to achieve is a release of as many people, particularly vulnerable people, as possible,” Bonham said. “So that they can be in a safe place while the health crisis exists.”
During his weekly press conference with Butler County Health Commissioner Jenny Bailer, Jones said his jail is safe.
“They (the ACLU) were talking about that my jail may not be the safest place to come to or the cleanest place and he has underlying medical issues…,” Jones said, noting almost all of the inmates have underlying health issue because of poor habits. “I can assure you that my jail is one of the cleanest places you’ll ever be, even before the pandemic hit… If you want to not catch the virus you want to come to my jail.”
When an inmate tested positive for COVID-19 almost three weeks ago after exhibiting a low-grade fever, he and his cellmate were moved to another jail facility that had been cleared and prepared to house inmates who need to be cared for and quarantined. The cellmate was also tested for the virus but hasn’t contracted the disease.
Jones has been releasing, with the permission of the county judges, non-violent inmates to lessen the population density. In Mid-March the population was around 1,033, it was down to 747 Wednesday.
“I’ve had one case so far and in our county we’ve had probably over 200,” Jones said. “I’ve had one out of 850 prisoners, so it’s a safe, clean place to come.”
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