Covid-19 in Maryland Prisons and Jails
What’s the problem?
Prisons and jails (“detention centers” in Maryland terminology) are dangerously difficult for the kind of “social distancing” and “personal protective equipment” needed to minimize COVID-19 risks: Jail cells, communal bathrooms, cafeteria, and other facilities are designed to hold large numbers of prisoners in comparatively confined spaces.
Making matters worse, correctional officers and staff can’t shelter in place, but daily come and go from their home communities – including COVID hot spots and at risk populations. Adequate medical care, testing, and protective equipment clearly should be provided; according to reports from inside this is not happening.
The problem particularly is acute for older prisoners with medical problems whose likelihood of death, if infected, is greatest. Ironically, it is well-documented in Maryland that the older and more medically-challenged a prisoner is, the smaller the danger they present to the public from new offenses.
What’s the solution?
To protect the health and lives of prisoners the first step should involve reducing the population by a sufficient percent to permit social distancing. Judges don’t have the legal right to review and order releases for inmates sentenced more than 5 years ago, regardless of how deserving or medically appropriate.
Some local jails have begun appropriate action to reduce their populations to a safe level. (See your county jail’s population efforts here.) Action to safeguard Maryland’s prisons, therefore, can come only from the Governor—or the Parole Commission and Corrections administrators acting at his direction.
What has MAJR done?
- Letter from Secretary Stuart Simms to Governor Hogan and Secretary Green, March 19, 2020
“Thank you, Governor Hogan, for the strong-restrictions you have recently placed on group activities in Maryland to slow the spread of Covid-19. Your willingness to take such wise actions early in the crisis will help decrease the chance that our medical system is overwhelmed and will help save lives.” Read the full letter here. - Letter from Secretary Stuart Simms to Governor Hogan and Secretary Green, March 30, 2020.
“I write you again on behalf of Maryland Alliance for Justice Reform (MAJR), updating our support for you to take proactive steps to prevent the further spread of coronavirus in Maryland prisons and detention centers.” - MCDAA and MAJR Appeal to Governor Hogan, April 17, 2020
The Maryland Criminal Defense Attorneys Association and Maryland Alliance for Justice Reform have addressed concerns about COVID-19 to the members of the Maryland Legislature:
To avoid a catastrophic outbreak of COVID-19 in our prisons, Maryland must act now to reduce our prison population. The health and well-being of all Marylanders depends on swift and organized measures. We ask that you contact Governor Hogan and urge him to take the following actions: Read the complete letter here. - Response to Chief Judge Barbera: April 17, 2020
Why Maryland courts’ response to covid-19 in prisons and jail isn’t enough
Two days ago, news media reported Maryland’s Chief Judge has taken action to “protect” our state’s adult prison population. The headline, unfortunately is greatly overstated. The threat to Marylanders in state prisons and jails continues to be an extreme one because these facilities inherently require keeping large populations close together: shared bathrooms, cafeterias, side-by-side multi-person cells. Unless prison populations are reduced, “social distance” isn’t possible….
Read the complete response here. - MAJR’s letter to Governor Hogan. 4/29/2020
Treating all elderly persons with dignity during the pandemic, including those in prison
“…According to the most recently-published Maryland Division of Corrections statistics, there are at least 2,500 people over age 50 held in Maryland prisons, with more than one-third of these over age 60. One of the most consistent observations of pandemic’s impact has been that the elderly are more susceptible to COVID-19. The CDC has issued specific guidelines for older adults. The outbreaks at nursing homes and assisted living facilities have been horrifying, and the deaths are mounting…”
Read the complete letter here.
What you can do?
Please contact the Governor’s office TODAY and urge him to use his discretion to reduce Maryland’s prison populations to safer levels by clemency, furlough or expedited parole of prisoners. These should include:
- those with nonviolent convictions,
- those who are age 60 or over, and
- those with medical conditions making them at risk for COVID-death but not a danger to the community.
Read More.
Prison Policy Initiative: Response to Covid-19 https://www.prisonpolicy.org/blog/2020/06/12/covid_tech_signon/
ACLU Letter on Testing in Maryland: https://www.aclu-md.org/sites/default/files/letter_to_gov_and_doc_secretary_re_testing_050620.pdf
Baltimore Sun: Maryland’s Longest-Imprisoned Woman Is 60 and Sick. Hogan Should Send Her Home. https://www.baltimoresun.com/opinion/columnists/dan-rodricks/bs-ed-0503-rodricks-20200501-fez43qz4drcedokrifwgt3mlge-story.html
Abell Foundation: The Ungers, 5 Years and Counting. https://www.abell.org/publications/ungers-5-years-and-counting-case-study-safely-reducing-long-prison-terms-and-saving
Maryland Rule 4-345 Sentencing-Revisory Power of Court https://casetext.com/rule/maryland-court-rules/title-4-criminal-causes/chapter-300-trial-and-sentencing/rule-4-345-sentencing-revisory-power-of-court
Jail Population Charts, April 2020 https://drive.google.com/file/d/1x1iooVtYyJ-nKtyDqV9XFwTHYs-7dro5/view
