Prisoner Release Program

 Posted on April 23, 2020 in Criminal Defense

The Chief Judge of the Court of Appeals has issued an order allowing certain prisoners to be released if they meet certain guidelines. Below is a description of those guidelines.

Adults

Pursuant to Chief Judge of the Court of Appeals Order dated April 14, 2020, the Administrative Judges of the Circuit Courts and the District Administrative Judges of the District Court are granted to the authority to identify at risk incarcerated persons for potential release to protect the health of at-risk incarcerated persons during the COVID-19 pandemic crisis. The judges must consider:

• The safety of the victims and communities in general
• The statutory rights of victims
• And the public health concerns related to inmates who have contracted COVID-19

In addition, those administrative judges are to direct the setting of PROMPT hearings following the service of a warrant or body attachment for the following:

• Technical or minor violations of probation
• Child support contempt matters
• Failure to pay costs or fines
• Failure to appear as appropriate

Juveniles

Judges responsible for handling juvenile matters are to communicate with juvenile justice system to identify juveniles for potential release and are to consider:

• Whether the juvenile suffers from a pre-existing condition that renders him or her more vulnerable to COVID-19
• Whether the juvenile displays COVID-19 symptoms or tests positive for COVID-19 and whether the facility is able to address related medical needs
• Whether the safety of the juvenile outweighs the risk of harm to the community
• Whether release is in the interest of justice

If you have a loved one who you believe meets these guidelines, please contact us to file the appropriate motion.