MD Judge Orders Release Of At-Risk Inmates During Pandemic

BETHESDA, MD — Maryland's highest court has ordered judges statewide to identify and release prisoners who are at risk of getting seriously ill or dying if they contract the new coronavirus.

Chief Judge Mary Ellen Barbera explained her rationale in a six-page order, saying she made the decision after determining that the existing emergency "poses a threat of imminent and potentially lethal harm" to those who contract COVID-19 or come in contact with the disease.

"The incarcerated and imprisoned populations of Maryland include individuals who, because of age or underlying medical conditions, are at a heightened risk of severe or fatal outcomes if they contract COVID-19," she wrote, noting that prisoners will be released on a case-by-case basis.

"With careful regard for the safety of victims and communities in general; with respect for the statutory rights of victims; and with due consideration given to public health concerns related to inmates who may have contracted COVID-19," Barbera wrote.

In her order, Barbera also directed trial courts to expedite the handling of hearings and motions for detained adults pending trial for nonviolent crimes, alleged technical or minor probation violations, or contempt of a child support orders.

When looking at the possibility of releasing defendants from pretrial detention, Barbera says judges should consider whether:

• the defendant is more vulnerable to COVID-19
• the facility in which the defendant is detained can address medical issues
• the defendant displays COVID-19 symptoms or tests positive for the disease
• the defendant, if released, has resources to maintain basic food, housing, and health needs
• the defendant presents a danger to a person or community
• at least one condition of pretrial release can reasonably protect the defendant against such danger
• the release of the defendant is in the interest of justice

This week, Barbera also issued a similar order for juvenile offenders.

Under that order, Maryland judges are encouraged to limit detention or commitment for minors, unless it jeopardizes public safety.

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