MICHAEL O. ALLEN

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Overcrowding

BERGEN OFFICIAL DEFENDS JAIL STATE; Testifies More Work is Needed

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By Michael O. Allen, Record Staff Writer | Thursday, March 12, 1992

The Record (New Jersey) | 5 Star | NEWS | B01

Bergen County officials on Wednesday opened their defense in a lawsuit charging that conditions in the crowded jail rob inmates of their constitutional rights, while acknowledging that improvements are needed.

Undersheriff Gary R. Buriello, who oversees operation of the jail, testified that the freeholders last year approved a $5.3 million bond to pay for extensive repairs and renovations throughout the Bergen County Jail Annex.

However, Buriello said he worried that the overcrowding could hold back that work.

“We have to have significant [state] inmate population reduction so that we won’t have to worry where to put the inmates while we are doing the work,” he said. He added that he was discussing such moves with state officials.

In testimony elicited by Deputy County Counsel Murshell Johnson, Buriello said 372 of 992 prisoners in the main jail and the annex Wednesday were state-sentenced inmates. He was the first witness called by the county.

The state Inmate Advocacy Office, on behalf of jail inmates, filed suit in 1988 against the county and state. The lawsuit charged that serious deficiencies exist in conditions, policies, and procedures at the jail, including in the areas of housing, health services, sanitation, food service, lighting, plumbing, ventilation, recreation, and security. The net effect of the deficiencies is to deny inmates their constitutional rights, the suit contends.

Buriello’s testimony Wednesday at the hearing in Newark was intended to counter those charges and testimony by witnesses called by the Inmate Advocacy Office, Johnson said. He also described the jail, how the Sheriff’s Department runs it, and the rules that govern inmate life.

Johnson said a measure of Bergen County’s seriousness in managing its jail is that it has increased the jail’s capacity every few years. A 72-cell, 144-bed addition to the jail was opened Wednesday, she said, and filling the addition will allow the county to move 135 inmates who slept on mattresses on the floor of the jail gymnasium out into other parts of the jail. The gymnasium has been used to house inmates for about three years.

“We are providing adequate level of services to the inmates,” she said. “We are actively trying to manage the population in the jail by instituting different programs, specifically the wristlet program,” which allows some people to serve their sentence at home.

Buriello testified that the county two weeks ago asked contractors for bids on the renovations and repairs at the annex. To begin this fall, the work will include expansion of the jail’s medical services section, complete renovations of several of the jail annex housing areas, and new electrical wiring, plumbing, a fire protection system, and a boiler.

He also said the jail is soliciting proposals on a new administrative building so that large areas of the annex could be used for the original purposes for which they were constructed.

If administrative functions are moved out of secured areas of the jail, opened areas may be used as intake housing, where new inmates would be observed as they adjust to jail life, he said.

Deputy Attorney-General Catherine M. Brown, who is handling the case for the state, declined to comment on any aspect of the case. Contending that the Inmate Advocacy Office failed to prove its case, Brown last week filed motions in U.S. District Court asking that it be dismissed. A hearing on her motion has been scheduled for April 13.

Buriello is expected to return to the stand Friday.

Caption: 1 – At the Bergen County Jail, inmates sleeping on mattresses on the gymnasium floor. COLOR PHOTO – CARMINE GALASSO/THE RECORD – 2 – (4s) Bergen County Sheriff Jack Terhune demonstrating a modular cell at the county jail annex on Wednesday. PHOTO – AL PAGLIONE/THE RECORD

ID: 17371248 | Copyright © 1992, The Record (New Jersey)

JAIL STILL DEFICIENT, EXPERT TESTIFIES

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By Michael O. Allen, Record Staff Writer | Thursday, January 30, 1992

The Record (New Jersey) | 5 Star | NEWS | Page: B01

Conditions that led Bergen County Jail inmates to file a class-action suit against the county and state remain largely unchanged since a sanitary expert last inspected the jail more than a year ago, the expert testified Wednesday in Newark.

Ward Duel, who was hired by the state Department of the Public Advocate after it had filed the suit on behalf of the inmates, said that upon reinspection Wednesday he found some improvements in health and food services. Duel said other jail facilities and programs had deteriorated, however.

The suit, filed in 1988, charges that overcrowding in the jail and its annex exacerbates violations of inmates constitutional rights. Of 984 inmates currently in the jail which has a rated capacity of 423 inmates 379 are state-sentenced prisoners.

Duel, an Illinois consultant who has seen prison conditions in 33 states, inspected the jail and testified extensively in 1990 on what he saw there.

Wednesday morning he reinspected the jail to look for improvements; during a resumed hearing on the suit, he said that he did not find many.

Inmates still contend with filthy walls, mouse droppings, sewage dripping from overhead pipes in the kitchen, unsafe electrical wires, leaky fixtures, and toilets that back up, he testified.

For instance, damage done to the annex during a June 1990 riot has not been repaired, Duel said. In that riot, inmates ripped out urinals and sinks and smashed toilets and windows. Some dormitory and cell areas in the annex have worsened, he added. In one area, he said, he was unable to turn on 18 of 36 lights.

“I think one of the conditions that contributed to the lack of good housekeeping is that the building is so dark,” he said. “You need good lighting in order to have good housecleaning.

“My overall evaluation of the annex has not changed. I was disappointed to see the new pods deteriorating.”

One of the areas Duel said had improved, food services, was the focus of a Jan. 11 protest in which an inmate was bitten by a guard’s dog when corrections officers tried to restore order. Inmates involved in that protest are scheduled to testify in the hearing next week.

Neither Deputy Bergen County Counsel Murshell Johnson nor Deputy Attorney General Catherine M. Brown would comment on Duel’s testimony Wednesday. The hearings are scheduled to continue today and are expected to last at least through February.

Jerrold B. Binney, chief of staff to Bergen County Executive William “Pat” Schuber, said Tuesday that the county has set up a jail advisory committee that monitors the sanitary and safety conditions cited and is developing a master plan to develop long-term solutions to problems in the jail.

Talks to settle the suit out of court broke down late last year. The hearings are being conducted by James R. Zazzali, a special master appointed by U.S. District Judge Harold A. Ackerman in September 1989 to make recommendations based on the hearings.

ID: 17367448 | Copyright © 1992, The Record (New Jersey)