Coronavirus Necessitates Release Of Suspects Of Non-Violent Crimes, Mass. SJC Rules
BOSTON (CBS/AP) -- The Massachusetts Supreme Judicial Court ruled Friday that suspects being held in jail pending trial for non-violent crimes be released on personal recognizance bail to reduce the spread of the coronavirus.
The state's highest court also issued a long list of excluded offenses, which includes murder, rape, burglary, assault and battery, arson and extortion, among others.
"These categories of pretrial detainees shall be ordered released on personal recognizance unless the Commonwealth establishes, by a preponderance of the evidence, that release would result in an unreasonable danger to the community or that the individual presents a very high risk of flight," the justices wrote.
As for prisoners who have already undergone a trial and are serving time, the state's highest court said their power to release them is limited. Instead, they said the Department of Corrections and parole boards should speed up processes to get people out of prisons as much as possible.
"To afford relief to as many incarcerated individuals as possible, the DOC and the parole board are urged to work with the special master to expedite parole hearings, to expedite the issuance of parole permits to those who have been granted parole, to determine which individuals nearing completion of their sentences could be released on time served, and to identify other classes of inmates who might be able to be released by agreement of the parties, as well as expediting petitions for compassionate release."
They added that if the virus spreads widely in prisons in the state, there could be a question of violation of the Eighth Amendment, which outlaws excessive bail, fines and cruel and unusual punishment, or the Fourteenth Amendment, which guarantees equal protection to all under the law.
Defense attorneys had filed a petition last week asking the judges to reduce the number of people entering jails and prisons, order the release of certain pretrial detainees and free those serving sentences who are nearing the end of their term, vulnerable to COVID-19 or don't pose a threat to the public.
Suffolk County District Attorney Rachael Rollins called on the state last month to free low-risk prisoners to prevent the coronavirus from spreading.
(© Copyright 2020 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)
