N.M. Judge, Jail Director Differ Over Contraband

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By Farmington Daily Times

Published: 11/25/2002

A district judge who has been worried about contraband and drugs in the San Juan County Detention Center has started testing inmates when they appear in his court.
Judge George Harrison ordered a test Monday on inmate Rey Garcia, whose results were negative.
'I'm happy to hear that,' Harrison said.
'I've had quite a few coming over from the jail testing positive. I was wondering how bad the problem was.'
Not bad at all, said Corrections Director Tom Havel. 'He's been misinformed.
'There is no inherent problem in the jail,' Havel said. 'I have been told there is contraband in there and yes there is.'
But he attributes positive drug tests from inmates on the fact drugs remain in their system.
'When a person is busted for any type of illegal narcotics, it stays in the system for up to 30 days,' Havel said. But Harrison insinuated the problem is deeper than that and local substance abuse counselor Sherry Mann of Bright Beginnings agreed.
Mann said inmates given work release find drugs while out and often smuggle it back in.
'They need to be on treatment before being given work release,' she said.
Havel said an inmate who uses drugs while on work release will lose the privilege a privilege given to them by the judge.
'If they go out on work release and have a problem, they're going to come back on drugs,' he said. 'If that happens we void them out.'
Havel added that drugs are not the only thing people try to smuggle in the jail. Other favorites include cigarettes, weapons and even sugar.
'They use it to make hooch,' he said.
The contraband is brought into the facility 'in the most unique ways,' Havel said adding it is usually kept in a person's body cavity.
So why don't jail officials search inmates returning from work release? 'It has to do with search and seizure in the Constitution,' Havel said. 'These inmates have rights.'
Havel said he and the staff at the detention center are trying to be proactive with the current situation.
'I'm trying to shut that down,' he said. 'If the present facility I can't do it, in the new facility I will.'
The Corrections Director pointed out the problem can go beyond work release, with contraband even being smuggled in through the courts.
Joshua Atencio, another inmate, was caught doing just that during proceedings Monday. Two cigarettes fell out of his orange jail issue overhauls. 'These people will try anything to thwart the system,' Havel said.

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