Inmate Releases Due To Coronavirus Considered By State Attorneys

MARYLAND — The Maryland Office of the Public Defender has asked that "criminal justice stakeholders" across the state take steps to reduce inmate populations in light of the new coronavirus outbreak while minimizing any violations of constitutional rights. Becky Feldman, deputy public defender for Maryland, said the state prison system has 1,100 inmates older than 60 who are the most vulnerable to the virus and to developing life-threatening complications.

Feldman said research shows aging felons have an "exceptionally low rate of recidivism." They also pose an "enormous strain on the correctional health system."

"The immediate testing and treatment needs to ensure the health and survival of older and infirm inmates during this pandemic are well beyond the capacity of prison medical care and the continued incarceration of these especially vulnerable individuals is likely to result in otherwise preventable deaths," Feldman said in a statement.

Paul DeWolfe, the public defender of Maryland, added that the measures taken to address the coronavirus pandemic also impact the men and women incarcerated in Maryland’s prisons and detention centers who are detained in close quarters without the ability to effectively exercise social distancing practices.

"The high number of people in detention increases the public health risks for society, worsens the already harsh conditions endured and jeopardizes basic principles of our criminal justice system. Beyond the dangers of illness and fatalities, our clients are languishing in facilities with worsening conditions. Family visitation has ended, attorney communications curtailed and more people are on lockdown, confined to their cell for 23 hours per day," DeWolfe said in a statement.

Jury trials in circuit courts statewide have been suspended, which DeWolfe said places "an additional pressure on our clients to plead guilty as the only way for them to take the basic precautions that the rest of us have available to avoid contracting the coronavirus."

"These concerns can be minimized by releasing the large number of individuals who pose little safety risk to the community. In particular, older and infirm inmates who are especially vulnerable to infection, people held on low-level nonviolent charges, and those serving short sentences or are otherwise near release should be released right away," he said.

More than two dozen people have been or will be released from jail and abide by different levels of supervision after prosecutors and public defenders in Anne Arundel County reviewed 213 detection center records, searching for people who could be released early. The individuals are awaiting trial for minor offenses.

Tia Lewis, spokeswoman for the state’s attorney’s office, told the Capital Gazette that 15 people will be released on their own recognizance, 26 people will be released with various levels of pretrial supervision and 33 others will have another bail review hearing where a judge will decide whether to release them and, if yes, under what type of supervision.

District Public Defender William Davis and Deputy District Public Defender Elizabeth Palan released a statement Thursday saying their office is pushing for broader relief for Anne Arundel County detainees who pose the lowest risk to public safety but who are most vulnerable to the virus, which includes men and women being held on charges that carry lesser penalties, those within 30 to 60 days of release and those who are elderly or have compromised immune systems.

Baltimore City State’s Attorney Marilyn Mosby directed her staff to drop pending charges and stop prosecution of certain low-level offenses. The Baltimore City Office of the Public Defender has identified approximately 60 individuals detained on the specified misdemeanors who should be released under this directive, according to a statement from the State of Maryland Office Of The Public Defender.

“Ongoing detention during this public health crisis threatens the lives of our clients and creates conditions that will exacerbate the spread of this pandemic,” said Kirsten Gettys Downs, District Public Defender for Baltimore City, in a statement. “The urgency of the current situation requires leadership throughout Baltimore. The State’s Attorney’s exercise of her authority to reduce the detention population and focus on more serious cases will save lives.”

Downs noted that the individuals identified pose no significant safety risk in the community, but their continued detention would pose an "exceptionally high public health danger."

During a press conference, Howard County officials confirmed that the court system was reviewing motions from the Public Defender’s Office to assess suitable inmates that may be more vulnerable to the virus for possible release.

"This includes all inmates over 60 and those with chronic health conditions. The department of corrections also is asking the court system to allow work release participants that are within 90 days of release that are suitable for home detention to be placed on home detention supervision," said Howard County Executive Calvin Ball during the press conference.