Dressage - Michael Barisone

Again, innocent until proven guilty.

Think about the thousands of people in local jails who are in complete limbo and separated from familiar faces because of COVID-19.

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I sort of doubt that jails are a “revenue source”
for most counties.

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The inmates have been offered video chats as of this summer. The cost is more than a phone call. Since the in person visits, which obviously were free, have been stopped, there should be some consideration for those with financial hardships.
Any prisoner should be entitled to appropriate medical and dental care without question.
As I am working right now I don’t have time to read those specific cases that you cited. Maybe I will have time tonight.

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I have not been able to see my elderly mother in person for a year, except twice to take her to medical appointments. She has not even been charged with a crime, unless growing old is a crime.

Think of the hundreds of thousands (millions?) of elderly people in long term care facilities who are separated from familiar faces because of Covid-19.

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Feel free to believe what you want, and think what you want.
I can say with 100% certainty that the inmates at MCCF have not been given the vaccine.

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Not seeing your mother is your choice. I am not saying whether it is right or wrong, just that it is by choice that you have not seen her. What the nursing facilities have done to the elderly is a crime in and of itself. I am not really sure which is worse, taking the chance at giving a loved one COVID, or not being able to spend time with a loved one knowing that they could die alone and having not seen a loved one for over a year.

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Estelle v. Gamble cites that prison officials must provide “adequate medical care” and lays out the standard by which that is judged:

(1) a serious medical need; and (2) behavior on the part of prison officials that constitutes deliberate indifference to that need.

Serious medical needs include those that have been diagnosed by a physician as requiring treatment or that are so obvious that a lay person would recognize the necessity for doctor’s attention, and those conditions which, if untreated, would result in lifelong handicap or permanent loss. Monmouth County Correctional Institutional Inmates v. Lanzaro, [834 F.2d 326, 347](3d Cir. 1987)

“Deliberate indifference” is more than mere malpractice or negligence; it is a state of mind equivalent to reckless disregard of a known risk of harm. Farmer v. Brennan (1994)

In particular, courts have approved the installation of collect-only telephone systems and, for non-legal calls, some degree of monitoring to control instances of inmate telephone fraud, harassment of crime victims, or disputes among inmates over telephone use. See, e.g., Wooden v. Norris, [637 F.Supp. 543](M.D. Tenn. 1986)

What you think is “right” and what is supported by the case law may not be the same thing.

Note that some of my citations are incomplete, because I can’t get the thing to format it correctly here.

Is there a reason we can’t think about both groups?

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Interesting.

I am 100% supportive of the stated policy in NJ that jail and prison inmates and staff should receive very high priority.

Perhaps Bilinkas or other inmate lawyers could address the failure to provide access to the vaccine.

How is not seeing my mother my choice? I am literally not allowed in the building.

It’s my choice because I could move her into my home?

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Things must be different where you live. In my part of the world it was not a choice. Senior facilities did not allow any visitors.

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This is an interesting article about Covid and the delay of trials. Very hard on the victims of crime and people awaiting trials.

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You did not specify that she was in a home. Read what I said about that for my opinions on what the nursing homes are doing. Clearly I don’t agree with how they have handled it either.

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I have a family member currently in the hospital for a serious health condition (not Covid related) At first no visitors were allowed but now it has been changed to 1 visitor per patient but must be just that one person throughout their stay. I understand it, but it is hard when we cannot visit our loved ones.

I feel so bad for people who have passed and their families who couldn’t say goodbye. Hopefully we are nearing the end of this nightmare situation.

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My mother is in a “memory care” unit of a LTC facility.

It has been an incredible hardship, but I do approve of the severe restrictions on visitors in order to reduce outbreaks. A huge percentage of deaths have occurred in LTC facilities, partly because of the age of residents, but partly because of potential contagion within the facility. That’s why prioritizing nursing homes and prisons and jails makes sense, irrespective of whether the resident has been convicted, is awaiting trial, or is simply old.

I was pointing out that the hardship of not having visitors due to Covid applies to millions of elderly people in LTC facilities, as well as prisoners awaiting trial.

Things are finally changing due to the vaccine. She, along with 90% of the residents, are now fully vaccinated, and when I am fully vaccinated I will be permitted an in person visit (by appointment).

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They may no constitute a net revenue source, but it is quite common for jails to contract telecommunications to an outside commercial source which charges exorbitant fees, further limiting communication of inmates with family.

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You understand that for profit private prisons are a thing, right?


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I am aware of privately operated prisons. The contract between the state and the firm operating the prison would include compensation for the managerial services involved, which I suppose you could call profit, but I would not consider them “for-profit” enterprises in the same sense as “for-profit” educational institutions because I think any compensation for management services (profit) would be set in the contract.

My statement was that operating the MCCF was not a revenue source for the county which is true regardless of whether the county operates the facility directly or contracts out to a private firm.

When the whole Barisone thing erupted a year and a half ago, the NJ system was explained as follows. NJ eliminated bail on serious crimes. Those people are held in jail until trial. The trial is supposed to be speedy, within 6 months to make up for this. Obviously that was wildly optimistic.

Most other jurisdictions have bail.

In my jurisdiction if you are held in jail until the trial you get more than that off your prison sentence for time served, not sure if its time and a half or double time. That recognizes the unfairness.

But nothing about the jail, prison, trial system is fair or kind. It’s overloaded, and obviously punitive at heart.

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