By Chaimae Hadane
Baltimore Watchdog Staff Writer
Maryland’s highest court has issued an order urging judges in every county to protect inmates in danger of coronavirus infections, particularly those nonviolent offenders who can safely be released from the facilities.
The order follows an emergency court petition filed last week by the American Civil Liberties Union on behalf of inmates, urging state officials to reduce the number of inmates in the facilities to protect their health and slow down the spread of COVID-19 in places of detention.
Chief Judge of the Court of Appeals Mary Ellen Barbera on Tuesday instructed administrative judges of the Circuit Courts and the District Court of Maryland to communicate with the justice system to identify at-risk inmates for potential release “with regard for the safety of victims and communities.”
The order stated that judges must consider when reviewing the release of an inmate from pretrial detention during the pandemic “whether the defendant suffers from a pre-existing condition that renders the defendant more vulnerable to COVID-19, whether a defendant who displays symptoms or test positive for COVID-19, if released, has resources to meet basic food, housing, and health needs including any period of quarantine.”
Barbera also ordered administrative judges to hold hearings on the next business day for “technical or minor violations of probation, child support, failure to pay cost or fines, and failure to appear.”
In addition, judges were advised to consider health risks, safety of the community and other circumstances when determining whether to incarcerate a new defendant in pretrial.
The six-page order continued to guide judges to consider the risk that the virus presents to people in places of detention.
“During the COVID-19 emergency, judges should consider the risk that COVID-19 poses to people confined in correctional facilities when taking into account all statutory requirements and relevant Maryland rules in determining release conditions and the status of defendants pending sentencing and appeal,” the order stated.
As of Wednesday, the state reported 10,032 confirmed cases of COVID-19 and 349 deaths. The latest Department of Public Safety & Correctional Services reported 93 confirmed cases involving people who live or work in correctional facilities.
“This week, we learned that the first person to die of COVID in a Maryland prison was, predictably, a man in his 60s with medical issues,” said Sonia Kumar, senior staff attorney with the ACLU-MD.
“There is still time to save others,” Kumar said. “There are men and women in their 60s and 70s and those with underlying medical conditions who can safely be released who have loved ones ready to welcome them home. Every branch of government should be working together to expedite them getting out.”