ENDORSED asses CUM um THIRTEENTH IUDICIAL DISTRICT COURT ZQZUHAR i9 A?du? yr; COUNTY OF SANDOVAL I .- . a Deputy IN RE: THE MATTER OF THE SANDOVAL COUNTY DETENTION CENTER STATE OF NEW MEXICO Cause No.: 7/3 PETITION FOR WRIT OF US TO SANDOVAL COUNTY DETENTION CENTER RELEASE ALL MISDEMEAN OR AND NON-VIOLENT OFFENDERS AND REFUSE TO ADMIT ANY ADDITIONAL MISDEMEAN OR AND NON- VIOLENT OFFENDERS DURING THIS PERIOD OF STATE OF EMERGENCY COMES NOW Sandoval County Board of Commissioners by and through their County Attorney Robin S. Hammer and hereby requests the District Court to issue a Writ of Prohibition directing the Sandoval County Detention Center to take actions to protect Sandoval County citizens, detainees and staff during this State of Emergency and in support states: 1. The New Mexico Constitution Art. VI, ?13 gives the District Court jurisdiction over all cases and matters and the power to issue writs; 2. New Mexico law 33-3-1 gives authority to the Sandoval County sheriff and County Board of Commissioners to operate its county jail/detention center; 3. On or about March 11, 2020 Governor Michelle Luj an Grisham declared a State of Emergency through Executive Order 2020-004 based on the Coronavirus (COVID-19) pandemic within the State of New Mexico, which included guidance for social distancing; 4. On or about March 18, 2020, Governor Michelle Lujan Grisham announced that the number of infected New Mexicans continues to increase daily and ordered additional preventative measures to limit the spread of the 5. As of today, the Sandoval County Detention Center houses 204 detainees, from multiple jurisdictions, many of which are being held for misdemeanor and non?violent felonies. In addition, Sandoval County Detention Center employs approximately 100 staff members to run and maintain the facility; 6. The Sandoval County Detention Center provides medical services 24 hours a day, seven days a week to all detainees through a contract with Corr Health Corporation. Prior to being accepted into the Sandoval County Detention Center, all detainees must pass a medical clearance by Corr Health staff, in addition, some detainees are accepted into the Detention Center after presenting additional medical clearances from outside medical providers as medically necessary; 7. Currently, none of the detainees or staff members at the Sandoval County Detention Center have tested positive for the COVID-19 virus. See Exhibit 1, Affidavit of Joni Allia, RN, Health Services Administrator, Corr Health; 8. Based on the serious health risk of potential exposure of from confining persons together in small Spaces which may not also permit detainees from being kept more than six feet apart at all times, balanced against the lower level of risk to the public posed by persons accused of misdemeanor or non-violent felony crimes (as de?ned by N.M. Const. Art II, and/or persons convicted of misdemeanor or non?violent felony crimes; 9. It is in the best interest of Sandoval County citizens to release all persons charged with or convicted of misdemeanor or non-violent felony crimes, being held on 2 behalf of any jurisdiction or authority, from the Sandoval County Detention Center during the State of Emergency caused by the 1 9 virus; 10. It is also in the best interest of Sandoval County citizens for the Sandoval County Detention Center to prohibit the booking or accepting into the Detention Center any future persons who are charged with misdemeanor or non-violent felony crimes from any jurisdiction until the Governor declares the end to the current State of Emergency. WHEREFORE, Sandoval County respectfully requests this Court to issue a Writ of Mandamus releasing all persons currently housed in the Sandoval County Detention Center who are charged with or convicted of misdemeanor or non?violent felonies and further prohibit acceptance of persons charged in the future into the Detention Center who are charged with misdemeanors or violent felonies. Respectfully submitted, Robin S. Hammer ROBIN S. HAMMER Sandoval County Attorney Post Of?ce Box 40 Bernalillo, New Mexico 87004 (505) 867-7507 CAID #92181 AFFIDAVIT OF JONI OLLILA, RN Health Service Administrator, Corr Health Corporation I hereby swear and affirm the following to be true and accurate to the best of my knowledge and belief: I. My name is Joni Ollila. I am a Registered Nursed, licensed to practice in the State of New Mexico. I have been a Registered Nurse for more than 11 years; 2. I am employed by Corr Health Corporation as the Health Service Administrator assigned to oversee all medical operations at the Sandoval County Detention Center, Bernalillo, New Mexico; 3. Under my direction, the Sandoval County Detention Center provides medical services 24 hours a day, seven days a week to all detainees through a contract with Corr Health Corporation; 4. Prior to being accepted into the Sandoval County Detention Center, all detainees must pass a medical clearance by Corr Health staff and in addition, some detainees are only accepted after presenting additional medical clearances from outside medical providers as medically necessary; 5. I have reviewed all of the medical records for all of the current detainees housed at the Currently, none of the detainees at the Sandoval County Detention Center have tested positive for the virus. 6. In my professional opinion, it is to the bene?t of both staff members and detainees to limit the contact between individuals during this health emergency. OFFICIAL SEAL Nikki Holm NOTARY PUBLIC alth Corporation mm" STATE or new MEXICO My Commission Expires: - I hereby swear and affirm that Joni Ollila signed this af?davit my presence on this 18th day of March, 2020. 1kki olm, Notary Public ?4 My commission expires 3.941% 20 3 Petitioner: Robin S. Hammer, Sandoval County Attorney PO. Box 40 Bernalillo, NM 87004 (505) 274-8023 Real Parties in Interest: Bennet Bauer, Chief Public Defender Law Offices of the Public Defender 301 Guadalupe St Ste 101 Santa Fe, NM 87501-5505 bennettj .baur@lopdnm.us (505) 395-2885 x10805 Lemuel Martinez, 13th Judicial District Attorney PO Box 637 Grants, NM 87020-0627 lmartinez@da.state.nrn.us (505) 285?4627