To: New Mexico Legislators

From AFSCME Corrections and Detention Officers

Re: House Bill 175 (Restricting Isolated Confinement)

AFSCME has significant concerns with the current language of HB175, as it serves to jeopardize
the safety and well-being of mentally ill inmates, inmates without mental disabilities, youth
clients, officers, and the public. More resources and funding are essential to bolster adequate
staffing and provide for robust mental health services before the legislature acts to remove
essential tools used to maintain safety inside New Mexicos Detention and Correctional
facilities.
Having said that, AFSCME not only acknowledges, but supports the need to reduce the use of
isolation to the greatest extent possible, consistent with facility, officer, and inmate safety.
Upon arrest, a mentally ill inmate may or may not have an understanding of the charges that they
are facing. They are not likely to be taking their prescribed medications. The inmate must first be
stabilized on their medications which takes time. Being unable to isolate or seclude an individual
in order to control volatile behavior during this difficult process is counterproductive. Outside
agencies (especially private organizations) will not come and evaluate a juvenile to consider
placing them into treatment until the inmate has demonstrated they are able to control their
behavior around other inmates and staff.
Inmates with diagnosable mental illnesses may not understand why they are in a jail. At their
initial arraignment, the Judge hopefully observes behavior that is concerning and orders an
evaluation for the inmate. Magistrate Court may not have jurisdiction to address the issues, and
the case is escalated to the District Court level.
During the next hearing, which can take anywhere from one to three months, a mental
competency evaluation is ordered. Once that evaluation is complete, the inmate returns to court.
This process can last an additional one to three months. If it is deemed the inmate has a mental
disorder, they may be placed into custody at the Las Vegas Behavioral Health Institute forensic

AFSCME Council 18 * 1202 Pennsylvania NE * Albuquerque, NM 87110

ph. 505
266

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unit. Once the Court has raised the issue of competency, all timeframes for the legal process are
suspended. All this time, six to nine months after the initial arrest, the inmate has been in a
county detention facility.
If the inmate is not medication compliant officers are required to get a court appointed treatment
guardian to administer medications. This alone can take months because the need for a treatment
guardian must be proven to the courts. In the meantime, an unmedicated inmate can be
aggressive towards staff, officers, and other inmates or can invite aggression from other inmates.
Other inmates often do not understand why a mentally ill inmate is writing on the wall with
feces, or why they are yelling at someone who is not there. For the safety of mentally ill inmates,
other inmates, staff, and officers, officers need the ability to separate inmates. While isolated in
highly functioning facilities, inmates are checked on daily by mental health care staff, shift
supervisors, case managers, and officers every 15 to 30 minutes.
House Bill 175 forces mentally ill inmates and youth clients to be housed in a general population
setting even during unstable or a violent episode inside the facilities. The use of force needed to
control these inmates will, ironically, increase if officers are not permitted to separate violent
inmates, youth clients, or victims of violence.
We believe that HB175 as introduced jeopardizes the safety of staff, officers, inmates (including
mentally ill and juvenile inmates) at our correctional and detention facilities.
We look forward to working with legislators and advocates to limit the use of isolation while still
protecting inmates, officers, staff, and the public.
Thank you ,

Lee Ortega, Corrections Officer,

Penitentiary New Mexico
President Local 3422, Statewide Corrections

Sergeant Daniel Solis Jr.

Santa Fe County Detention Center
President AFSCME Local 1413/1413M

Ben W. Chavez, Jr, YPO II Intake Officer

Bernalillo County Youth Services Center
President Local 1536
Executive Board Member Council 18

Paula Fisher, Juvenile Corrections Officer

Children Youth and Families Department
President Local 2029