The chief judge of Maryland’s highest court has directed judges throughout the state to identify inmates who are at increased risk of dying if they contract coronavirus, and to consider whether the inmate’s release would jeopardize public safety.
And Montgomery County’s top prosecutor said it’s a great idea.
In a six-page administrative order, Court of Appeals Chief Judge Mary Ellen Barbera said “an emergency exists that poses a threat of imminent and potentially lethal harm” to people who contract the novel coronavirus.
“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,” wrote Barbera.
Barbera’s order instructs attorneys, prosecutors and judges to “identify at-risk incarcerated persons for potential release to protect the health of at-risk incarcerated persons during the COVID-19 pandemic crisis.”
Montgomery County State’s Attorney John McCarthy told WTOP he believes Barbera’s order strikes the right balance of providing public health and public safety.
“It allows us, without just setting categories of individuals that are released, to look at every case individually,” said McCarthy.
As for challenges, McCarthy said his county has been able to find extra electronic monitoring devices, “which are in short supply right now.”
“When people are victims of crimes, we have obligations to notify them if there’s going to be a change in the status of an individual,” said McCarthy. “That’s taking a little bit longer.”
The order directs judges to schedule hearings for the next business day in several instances, and said bond hearings should be expedited for defendants charged with nonviolent crimes.
Judges are being told to determine whether facilities holding at-risk inmates are capable of addressing medical issues.
In pretrial cases, judges should consider whether the defendant poses a public safety risk to an identifiable victim, and “whether there exists a condition or combination of conditions of pretrial release that can reasonably protect against such danger.”
McCarthy said that practice is already being followed in Montgomery County. “The vast majority of individuals, particularly for low-level nuisance or nonviolent crimes, are not held in jail,” he said.
Barbera issued a similar order for juveniles who are detained or committed to state facilities.
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