The Alabama Criminal Defense Lawyers Association is calling for the release of state prison inmates who are most at risk of dying from the highly contagious COVID-19.
Among those who should be set free, according to the association, are the non-violent elderly inmates and others with conditions that could place them at higher risk for the coronavirus.
“This is obviously not a novel idea because it is being done across the country,’’ said Birmingham attorney John Lentine. “We are not talking about the wholesale release of inmates, rather only those who are at most risk of not surviving if they catch the virus.”
Nationwide, there is concern of devastating repercussions should prison populations suffer an outbreak. On Thursday, U.S. Attorney General William Barr said he issued new recommendations to the Federal Bureau of Prisons to explore releasing certain at-risk prisoners to home confinement.
Alabama Department of Corrections spokeswoman Samantha Rose said officials are aware of the association’s. "Our shared objective of ensuring the safety, security, and well-being of all inmates, as well as those who work in the correctional system, remains the department’s top priority,'' she said in a statement to AL.com. “The ADOC is continuing to work closely with Governor Ivey’s Coronavirus (COVID-19) Task Force, the Alabama Department of Public Health, and infectious disease control experts to mitigate the potential spread of the virus. Maintaining the safety, security, and well-being of our inmate population, staff, and the public remains the ADOC’s highest priority. The ADOC’s Office of Health Services is working closely with our contracted health services vendor to monitor and protect high-risk inmates. At this time, the Department does not anticipate conducting any non-routine releases. We are closely monitoring the spread of COVID-19, and will be making additional operational and preventative decisions as this situation continues to evolve.”
At this point, there are no confirmed COVID-19 cases among the inmates. Ivey’s office did not immediately respond to a request for comment.
Additionally, Jenny E. Carroll, a University of Alabama School of Law professor, and Amy Kimpel, assistant professor of clinical legal research at UA’s law school, have drafted a letter to Ivey, Alabama Department of Corrections Commissioner Jeff Dunn, and other state, county and city officials outlining their concerns for the tens of thousands of Alabamians sitting in jails and prisons.
“These Alabamians sleep, eat, and spend all their waking hours in spaces overcrowded with other inmates. Even hand washing is a challenge in correctional facilities due to lack of soap, hand sanitizer, and paper towels,’’ according to the letter. “Our prisons had 119 deaths last year, but if something is not done to reduce the threat of COVID-19, the death toll this year will be far higher.”
There are many strategies to mitigate the spread of the coronavirus in jails and prisons, Carroll said, but they are focusing on one key strategy - reducing the inmate population. There are widespread calls to release inmates to mitigate the spread of COVID-19 in jails and prisons. Public Health officials working in Washington State recommend considering release for inmates over 60 and those with chronic health conditions, according to the letter. Jails in Chicago, New York, Los Angeles, Oakland, Florida, Texas, Pennsylvania and New Jersey have already begun releasing inmates. Even some jails in Alabama have started releasing inmates.
Alabama’s prisons are among the most overcrowded in the U.S. operating at 170% of design capacity, Carroll said. Alabama prisons have over 2,000 inmates who are over 60 years old - a group at high risk for death or severe illness if they contract the coronavirus. Another 4,000 prison inmates are between the ages of 51 and 60, also at elevated risk.
ADOC officials one week ago announced they are halting intake of inmates from the state’s county jails for the next month. The 30-day moratorium includes, but is not limited to, new commitments, court returns, and parolees and probationers who are revoked or sanctioned.
“This puts further strain on Alabama’s overcrowded jails, and shifts the burden to Alabama’s counties, which are already overtaxed,’’ Carroll said in her letter, which makes numerous recommendations steps law enforcement, judges, the Board of Pardons and Paroles and Ivey can take to mitigate the spread of COVID-19.
“We all know that the prisons in our state are the most vulnerable places for the virus to spread and to potentially kill given the prisons inadequate ability to treat those who contract the virus,’’ according to the Alabama Criminal Defense Lawyers Association. “This is a public health issue and inmates are wards of the state. The state has both the constitutional and moral obligation to ensure the protection and health of those people especially those who are the most vulnerable such as the elderly and at risk.”