Triangle counties releasing non-violent jail inmates at greatest risk for coronavirus
Triangle counties are taking steps to reduce their jail populations in response to the novel coronavirus pandemic., district attorneys and other officials said.
The Durham County jail population decreased nearly 9% this past week after the District Attorney’s Office and other officials increased reviews of inmates considered to be most vulnerable to COVID-19.
In general District Attorney Satana Deberry and her staff have been working since she took office in January 2019 to reduce the jail population by taking steps to release people accused of nonviolent crimes.
On March 12, the DA’s Office stepped up those efforts and added “a public health lens” to the process, evaluating people who are older or have underlying health issues.
“We have been working every day with the sheriff, defense attorneys to identify folks who have some issue that would make them more vulnerable,” Deberry said.
Between 2007 and 2018, the average annual jail population at the Durham County Detention Center fell from 629 to 498. In March 2019 the average monthly jail population fell to 393 and then 366 in April 2019, the first months below 400 since at least 2004, The News & Observer reported.
From March 12, when officials started the stepped up reviews, to Thursday the jail population dropped from 366 to 334, according to information provided by the Sheriff’s Office.
While some of those incarcerated were likely released as part of the standard process, Deberry said, others benefited from the stepped-up review and bond hearings in which prosecutors agreed to lowering or unsecuring the bond, meaning a person did not have to put up any cash to get out.
In some cases people have pleaded guilty to crimes they were accused of and have been released or moved to a state prison.
“Some folks may have bonded out themselves, but definitely, through the increased efforts, we have gotten those numbers down,” Deberry said.
On Thursday, Deberry held a telephone conference with some defense attorneys, asking them to make her office aware of any special issues their clients may have.
“To see if we could bring that number even lower,” Deberry said.
The Durham County Sheriff’s Office has gathered information about inmates for the DA’s Office to aid in the process, said spokesperson AnnMarie Breen.
Wake County
The Wake County District Attorney’s Office is trying to determine which inmates are nonviolent and over 60 years old and could potentially qualify for an early release.
“We have requested and are working through starting today a list of people awaiting trial in custody in our jail to determine which ones we can unsecure bond on,” District Attorney Lorrin Freeman said. “For what it’s worth, all of my colleagues whom I’ve spoken to across the state are taking proactive actions to try and winnow down the in custody population.”
Mecklenburg County has also been working to reduce its jail population with case-by-case reviews by judges, prosecutors and defense attorneys, The Charlotte Observer has reported.
Letters from the ACLU, others
On Thursday a coalition called on state and local officials to reduce the number of incarcerated people, who they said were vulnerable to the pandemic. The close conditions inside detention facilities could also endanger corrections employees and the general public, it said.
Letters signed by the American Civil Liberties Union of North Carolina and eight other organizations were sent to Gov. Roy Cooper, the state Department of Public Safety, the N.C. Conference of District Attorneys, the North Carolina Association of Chiefs of Police and the North Carolina Sheriffs’ Association.
“People in confinement have no control over their own movement and are held in close quarters without adequate resources for hygiene, creating the perfect conditions for the dangerous spread of COVID-19,” said Chantal Stevens, interim executive director of the ACLU of North Carolina, in a media release.
The letters suggested stopping arrests for low-level offenses, expanding the use of citations instead of arrests and releasing people from jail unless they pose a serious risk to the community.
Requested steps for county jails included eliminating medical co-pays for inmates, giving them more cleaning and sanitizing products, and implementing a medical quarantine when necessary.
Still enforcing law
In general, Breen said, deputies are still enforcing the law.
“We are not going to stop enforcing law or serving arrest warrants,” Breen said. Deputies are taking additional precautions, she said. They have been provided personal protective equipment, like masks, cleaning solutions and gloves. They are cleaning their cars at the beginning of each shift and whenever someone gets in their car, Breen said.
The News & Observer sent questions to the Durham Police Department on Thursday afternoon about any changes in response to the pandemic, but the agency hadn’t responded as of Friday morning.
Breen said medical co-pays have been waived at the jail. The step is one of many that the county had already implemented as the Sheriff’s Office built on plans that were already in place for flu season, she said.
Other steps the Sheriff’s Office has taken include suspending most in-person visitations and video ones conducted through jail lobby kiosks. Attorneys and bond agents can meet with clients through the kiosks. Video visits by the general public can be done for free through mobile devices or computers.
Screenings and monitoring for people entering the jail have also increased.
Since Monday, four of defense attorney Daniel Meier’s clients have been released, he said.
Their charges included trespassing, larceny, breaking and entering and a probation violation, he said.
“Most of them had been in jail for a bit,” he said.
While court activity has been reduced, Meier and other defense attorneys are still working to resolve cases, he said.
“I made a list of every one of my clients and sent them a 35-page list to see what we can resolve,” he said.
Orange and Chatham
Orange and Chatham’s top court officials started planning their response to COVID-19 more than two weeks ago, District Attorney Jim Woodall said.
They reduced the number of people being admitted to the jail and released some awaiting trial, he said.
Chief Superior Court Judge Carl Fox also ordered inmates released Wednesday who are serving short-term and weekend jail sentences. Those offenders could be rescheduled to serve their time after April 17, Fox said in his order.
The decision are being made on a case-by-case basis, Chief District Court Judge Joe Buckner said. They are still considering how many more nonviolent offenders might be released.
Orange County was ahead of the curve because of an existing pre-trial release programs, Woodall said.
Some people have suggested releasing more serious offenders, Woodall said, but the courts have to consider what’s best for the victims and the public.
They are not considering releasing those charged with crimes such murder or sexual assault, or those who are habitual offenders, he said.
“I consider people who continually commit crimes to be a public safety risk,” Woodall said. “They don’t have to be a violent criminal. Someone who breaks into houses, that’s a public safety risk. That’s not only where people can physically get hurt but there’s an emotional toll, a psychological toll.”
Orange County Sheriff’s Office spokeswoman Alicia Stemper said there were 101 people, including 29 federal detainees, in the jail Thursday. The jail can hold 129 people, she said.
Orange County Sheriff Charles Blackwood is also taking steps to isolate new people who are arrested, limit visitations and to keep sick employees home.
This story was originally published March 20, 2020 at 10:38 AM.
