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‘An Untenable Situation': Miami-Dade Public Defender Warns of Rising Violence In County Jails

The number of use of force incidents at Miami-Dade Metro West Detention Center nearly doubled since 2019.

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The number of use of force incidents at Miami-Dade Metro West Detention Center has nearly doubled since 2019. NBC 6’s Laura Rodriguez reports

An NBC 6 investigation into allegations of a brutal beating inside Miami-Dade's Metro West Detention Center caught Ismael Allendes' attention. 

“I was like, ‘wow this is crazy.’ This happened to me too,” Allendes said. “I felt like I should give you guys a call because … (it) is just a drop in the ocean of what really goes down in there.”

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Allendes was arrested last October on a misdemeanor battery charge, which was dismissed Tuesday.

On his first day at Metro West, he said he was attacked by several corrections officers who were conducting a contraband search in his unit.

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"When it was my turn for them to strip search me, I followed their instructions. I gave them my garments. They checked them, nothing was there,” he said. “Then, I explained to them, you know, I got a problem. I can't really squat, you know. And that's when they just went off on me and started, you know, beating me up for no reason."

Allendes provided a complaint he filed with the Miami-Dade Corrections and Rehabilitation Department alleging officers hit him “several times and pepper sprayed him,” injuring his knees and leaving him with a blurry vision. 

NBC 6
Ismael Allendes alleges he was attacked by several Miami-Dade Corrections officers in October while he was in custody.

MDCR declined to provide the surveillance video of the incident or answer questions about it, citing an ongoing investigation. But a department’s spokesperson sent NBC 6 a statement, writing in part, “Miami-Dade Corrections and Rehabilitation Department (MDCR) is committed to maintaining the safety of our staff and our inmate population. Our Security and Internal Affairs Bureau (SIAB) investigates allegations against staff misconduct fully and with immense effort and sincerity to ensure the well-being of everyone in our custody.”

The statement went on to say, “An Internal Affairs investigation is initiated on the date SIAB receives the complaint and can take up to six months to complete. If the case is referred to the State Attorney's Office (SAO), it continues until the SAO renders a disposition. Each investigator has a different caseload, and all cases are treated with the utmost urgency and care as we work to create the safest environment possible for staff and inmates.”

USE OF FORCE INCIDENTS ON THE RISE

Staff are required to report all use of force incidents whether they result in a complaint or not. 

According to statistics provided by the department, the number of use of force incidents reported at Metro West Detention Center have nearly doubled in the past three years, with a total of 198 reported in 2019 compared to 380 reported in 2022. 

An MDCR spokesperson told NBC 6 an average of 60% of use of force incidents that take place within the MDCR facilities involve staff trying to break up inmate fights, noting over half of the inmates have a diagnosed mental illness. He also said COVID preventive measures like limited housing options due to quarantine and suspension of regular inmate programs to limit congregations, have “increased pressure on the population.”

'AN UNTENABLE SITUATION'

"I am not surprised whatsoever,” said Miami-Dade Public Defender Carlos Martinez when NBC 6 showed him the statistics provided by MDCR.  

Martinez’ office represents more than 3,000 inmates in custody in the county. He said more and more of his clients are reporting violence inside MDCR jails.   

"They're complaining that they've been beaten up by officers. They are also complaining that there are a lot more fights in the jail and they feel nervous about it and they feel threatened with what is happening in the jails," Martinez told NBC 6. 

Martinez believes overcrowding and understaffing are part of the problem. 

"We have a serious toxic mix because they are not paying enough to the guards, and therefore, people are not even applying to become guards, and therefore you have a lot of officers spending overtime. What happens with overtime, someone is working 12 hours, you are not as sharp and your fuse gets a lot shorter with what you tolerate,” Martinez said. 

MDCR told NBC 6 they have increased retention efforts and implemented numerous projects to enhance recruitment, adding they held two hiring events in August and December, where they interviewed 400 candidates and over 290 correctional officer applicants. They also told NBC 6 they’ve worked closely with county officials to increase the starting salary of correctional officers by nearly $5,000. 

98% FULL

There are more than 4,000 inmates inside the Miami-Dade County facilities, according to the most recent numbers provided by the department. Metro West Detention Center has the highest population with 2,332 inmates. 

The department said 98% of the MDCR jails are full and the median length of stay for inmates has gone up 37% in just one year (January 2022-23).

Martinez points to the court backlog caused by the pandemic. 

"Even though the arrests have not increased, the jail population has increased because the turnover in the public defender's office and the state attorney's office has been so high and the lack of attorneys in both offices have been so severe that the cases are taking longer to resolve,” Martinez said. 

HUNDREDS OF INCIDENTS, NO TERMINATIONS FOR USING FORCE

Out of nearly 400 incidents reported at Metro West Detention Center last year, a total of 33 officers were disciplined, from receiving a written reprimand or corrective consultation to being suspended.   

Data provided by MDCR shows no staff has been terminated in the past three years at the facility for using force. During that period, 1,185 use of force incidents were reported. 

Miami-Dade County Corrections and Rehabilitation Department
Number of staff who have been disciplined as a result of use of force incidents at Miami-Dade Metro West Detention Center.

In a statement, an MDCR’s spokesperson said, in part, that the department “consistently reviews all staff use of force events to ensure the force is objectively reasonable, necessary, and in accordance with the law, training, and established policies and procedures,” adding “When cases are reviewed and found to be inappropriate, MDCR refers the staff involved to our Security and Internal Affairs Bureau (SIAB) for further investigation. Upon conclusion of an investigation, MDCR will take appropriate levels of corrective action against the employees such as a record of counseling, mandatory additional training if the staff member acted outside of departmental policy and/or suspension up to and including termination if the incident involved the use of inappropriate force. MDCR utilizes an Early Warning and Intervention System to monitor staff members based on performance and trends in uses of force incidents and analyzes the data to determine when intervention or corrective action should be taken prior to an incident occurring.” 

The spokesperson also told NBC 6 the department is “committed to the continuous improvement of staff training and further policy changes to reduce instances of use of force. Policies and procedures involving Response to Resistance are consistently reviewed and changes are regularly implemented to ensure the department is moving in a forward direction. In addition, the MDCR Training Bureau regularly conducts random annual testing of sworn staff to ensure response readiness of appropriate levels of force.”

'MORE TRANSPARENCY AND ACCOUNTABILITY'

Allendes said he wants to see “just a lot more transparency and accountability” adding “they want to hold us accountable. We should hold them accountable too.”

Court records show Allendes has a pending criminal mischief misdemeanor charge. He has pleaded not guilty.

Martinez said he plans to meet with MDCR Director, who started Monday, to discuss safety protocols and potentially hiring more counselors. It’s up to the county mayor and commissioners to approve any additional funding.

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