Pago Pago, AMERICAN SAMOA — One of the ideas contained in the Task Force plan to stop the spread of the Coronavirus inside the Territorial Correctional Facility (TCF) is the early release of some inmates from TCF and sending them home.

The Department of Public Safety (DPS) is working closely with the Attorney General’s Office to put together a motion asking for a Court Order to grant early release to some inmates in an effort to prevent the virus from continuing to spread at TCF.

This was the testimony from the Deputy Commissioner of the Department of Public Safety (DPS) Jerry Letuli when he appeared before the House Public Safety committee late Tuesday afternoon to discuss the situation at TCF and to explain to faipule their plan to minimize the spread of the virus within the compound.

The hearing was chaired by the committee chairman, Rep. Avagafono Tuavao Vaimaga Maiava.

Letuli explained that due to the over-crowded situation inside TCF, DPS management along with the Task Force assistants have been working on the plan.

With the high positive rates for COVID-19 in the inmate population, Letuli said the safety of inmates along with TCF guards is their first priority.

There are 301 inmates housed at TCF — 272 male inmates and 29 females — with 51 guards.

According to Letuli, 73% of the inmate population tested positive while 43% of TCF guards also tested positive for COVID-19.

Number-wise that means that out of 51 TCF guards, 25 of them tested positive and from the 301 total number of inmates, 225 of them also tested positive.

A total of 25 inmates refused to take the test to determine whether they were positive or not. Letuli told the committee that DPS does not have the authority to force these inmates to take the test, despite some of them experiencing symptoms of the virus such as a cough, fever, and flu-like symptoms.

Out of the total population of inmates, 211 of them have pending criminal cases in Court — 31 of them are charged with misdemeanor charges while 180 are facing felony charges.

Seventy-nine (79) inmates have already been convicted and are serving a period of detention — 77 of them are male while 2 are female.

Eleven (11) inmates are being held due to their immigrations status; 9 of which have already served their period of detention while the other 2 inmates are awaiting a decision for release on parole from the Parole Board. Eight (8) male inmates are eligible for parole.

Inmates held at the TCF due to their immigration status is one of the most challenging issues DPS is facing right now, according to Letuli’s testimony, and they’re working together with the AG’s office and the Task Force for a flight to return these people to their home country, Samoa once the Task Force has an agreement in place with the Independent State of Samoa to reopen the border between the two Samoas.

Faipule Lavea Fatulegaee Palepoi Mauga asked whether the idea to seek a court order for an early release for some of the inmates is a move to dismiss charges against these suspects.

Letuli explained that the main idea for an early release is to let these inmates return to their family, so as to take care of them while their cases are still pending in court.

DPS and TCF are putting together a list of specific inmates to be included in the motion to the court — for early release. He further explained that the list would only include inmates who have already served their time and those with misdemeanor charges.

Inmates who are able to access electronic devices including laptops and cell phones was the issue that concerned most faipule. They wanted to know if there is a plan for DPS and TCF to address this issue.

Some faipule believe that the problem of electronic devices entering the TCF compound is an inside job — meaning, there are TCF guards involved in this scheme.

Faipule Alumamalu Filoiali’i Ale said that he parked his vehicle in front of the TCF main gate one afternoon to take a look at people going in and coming out of TCF.

He said from his observation the problem is with TCF guards working inside the compound. They are not faithfully doing their job.

Fofo Faipule Andra Tereise Samoa said that her nephews inside TCF keeps calling her husband asking if he (Samoa’s husband) can buy them $5 data for their phone so that they can call their parents.

Vice Speaker Fetu Fetui Jr said he received a call from an inmate one day asking for money. When he asked the inmate how he got his cell phone number and whose phone he was using, the inmate said he was using a TCF guard’s cell phone and it was the guard who gave him his (Fetu) cell number.

Letuli said the plan on hand is to have detectives raid the compound to look for drugs, contraband and any electronic devices.