22 MONTEREY COUNTY WEEKLY september 14-20, 2023 www.montereycountyweekly.com ters,” Barnett wrote. During Board of Supervisors hearings this spring deliberating the County’s 2023-24 fiscal year budget, Nieto successfully lobbied for an additional $1.1 million to fund seven new positions mostly related to the jail’s operations. That came after Rosen Bien attorneys had written a federal district court magistrate judge in March expressing concern over the Sheriff’s Office’s most recent staffing update— which accounted for eight fewer deputies than required under the implementation plan, as well as a decline in the number of active sergeants “whose job it is to supervise the day-to-day operations of the jail.” County Supervisor Wendy Root Askew says the board was willing to fund the new positions after hearing Nieto’s appeals on how “addressing the settlement agreement is a priority for her administration.” But as far as the jail’s operations, Askew—who is on an ad hoc committee exploring the potential for a new Sheriff’s Office oversight entity—says the Board of Supervisors has little influence over how the sheriff uses that money or manages the facility. As far as the County’s relationship with Wellpath, Askew notes the supervisors were not aware of the contents of the neutral monitors’ reports prior to their public release in August. She echoes a frequent observation on why Wellpath has continued to dominate the prison health care space despite its checkered record: “The options for health care providers in incarceration settings are extremely limited.” Askew adds that Wellpath’s issues nationwide show that “this challenge isn’t necessarily unique to Monterey County or our jail.” She cites other counties that have brought jail health care in-house, only to have “quickly contracted it back out because they’ve found it’s too challenging…It costs more and the outcomes aren’t any better.” However, a 2020 Reuters analysis of 500 jails across the country from 2016 to 2018 found that those relying on private health care contractors had higher death rates than those relying on public medical services. On Aug. 24, attorneys on both sides of the Hernandez settlement met in federal U.S. District Court in San Jose. The inmates’ lawyers argued for a motion finding Wellpath in violation of up to 44 of the settlement’s provisions on medical, mental and dental care— potentially resulting in fines of $25,000 per violation. The fines would take effect six months after a court order if monitors find that the jail remains in noncompliance with the provisions. Rosen Bien attorney Cara Trapani noted that just one month earlier, an inmate had died after failing to receive “simple wound care” for a leg injury. “He had an open leg wound and he never received antibiotics,” she told the court. “By the time medical staff realized that something was wrong, he had life-threatening sepsis and he died at the hospital a few days later.” Peter Bertling, a Santa Barbara-based attorney representing Wellpath in the lawsuit, countered that the jail had recently made “substantial changes” lauded as improvements by the medical and mental health monitors, including the hiring of a new medical director. “Wellpath has recognized the need to engage the monitors more closely and directly [in] establishing the corrective action plans,” Bertling said. Yet when Bertling argued Wellpath had indeed established “corrective action plans” at the jail, he was rebuffed by U.S. District Judge Beth Labson Freeman for Wellpath’s noncompliance with those plans’ requirements. “You know, that’s why people die on the concrete floors at the Monterey County Jail—because you think your job is done by writing a piece of paper, and it’s not,” Freeman said. “You need those medical professionals right there with them doing those evaluations, not letting [inmates] drink themselves to death with water or die in detox.” Freeman is expected to issue a ruling on the motion as soon as this month. A court order holding Wellpath and the County accountable would come too late for the likes of James Hall, David Sand, Sergio Gonzalez and other Monterey County Jail inmates who have found their basic human needs unmet during their time as prisoners. But it could help prevent many like them in the future from meeting a similar fate. “The options for health care providers in incarceration settings are extremely limited.” Clothing & Accessories Sept. 16-22 Beautiful quality; Free Cookies All Things Vintage Sept. 23-29 Fun items; Free Jello Parfaits Fine Art & Jewelry Sept. 9-15 All medium and styles; Free Cake FEATURING Joining Hands Benefit Shop 50% Off Storewide Sept. 30 26358 Carmel Rancho Ln, Carmel ifaithcarmel.org 831-293-8140 13 Year **weekly drawings** COVID-19 Monterey County Funeral & Burial Assistance Program (MCFBAP) MCFBAP Application line: 831-356-3137 Hours: 8:00 - 11:00 AM, Monday - Wednesday Low income Have incurred funeral expenses for a decedent that has passed away from COVID-19 in Monterey County after January 20th, 2020 The applicant must not be eligible for the FEMA Covid-19 Funeral Assistance Program The applicant, the person applying, may be Undocumented* Monterey County residents that are: *The applicant may be Undocumented, US Undocumented & Citizen of another country, Temporary work visa holder, Citizens of the of the Fed. Sta. of Micronesia, Palau, & the Rep. of the Marshall Islands, Temporary tourist visa holder, or a Foreign student. Minors may apply to this program if they have incurred expenses directly and meet all eligibility criteria. COVID-19 Programa de Asistencia Para Funerales y Entierros del Condado de Monterey Linea para aplicar: 831-356-3137 Horario: 8:00 - 11:00 AM, Lunes a Miercoles Sean de bajos ingresos Hayan incurrido en gastos funerarios para un difunto que falleció por COVID-19 en el Condado de Monterey después del 20 de enero de 2020 No sean elegibles para el Programa de Asistencia Funeraria por COVID-19 de FEMA. No tengan estatus migratorio** Son elegibles los Residentes del Condado de Monterey que: **El solicitante puede ser indocumentado, y ciudadano de otro país, titular de una vista de trabajo temporal, ciudadano de la Fed. Sta. de Micronesia, Palau y la Rep. De las islas Marshall, titular de visa de turista temporal o estudiante extranjero. 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