Reducing Inmate Population At Montgomery County Jail Amid the Novel Corona Virus COVID-19

The Montgomery County Correctional Facility has now had three correctional officers test positive for the novel corona virus COVID-19. The County reports that those officers are currently quarantined, that contact tracing is complete, and that no contacts with inmates have been identified. Fortunately, as of March 30, 2020, there have been no reports of inmates testing positive for the virus

However, it is likely only a matter of time until an inmate in the MCCF tests positive for COVID-19. If we learned anything from the spread of this novel corona virus, it is that once one person tests positive, it is inevitable that many others will follow.

Prisons and jails present an even greater risk of widespread infection. Commentators have explained that, “prisons are epicentres for infectious diseases because of the higher background prevalence of infection, the higher levels of risk factors for infection, the unavoidable close contact in often overcrowded, poorly ventilated, and unsanitary facilities, and the poor access to health-care services relative to that in community settings.” (See full article here.)

We certainly cannot expect the Montgomery County Correctional Facility, or any jail, to simply open its doors and let any and all inmates out. However, many jails in other jurisdictions have been releasing non-violent offenders and inmates who are older or who have a compromised immune system. Montgomery County has been following suit.

Our criminal defense lawyers have been successful in securing the early release of inmates who are at a higher risk of serious illness or death from the corona virus. Although the County Courts are closed to the general public, we are able to file an emergency petition for early parole or for a bail modification to secure the release of at-risk inmates, or inmates charged with less serious non-violent offenses in the appropriate circumstances.

In addition, Montgomery County has been taking measures to reduce the inmate population at the MCCF. Some these steps include the following

• Inmates who are presently on the work release program whose jobs are inactive are being reviewed for immediate release on house arrest (electronic monitoring)
• Inmates serving a sentence for a non-violent offense who would otherwise be eligible for parole on or before August 31, 2020 are being considered for early release.
• Inmates who are incarcerated due to technical violations of probation/parole (with no new charges) will likely be released.
• The court will also be accepting fully negotiated guilty pleas, but only in cases where the sentence is for time-served and/or probation.

If you have a loved one in the Montgomery County Correctional Facility who is over the age of sixty (60), has a compromised immune system, or who is charged with a non-violent offense, contact our office now to speak with a Montgomery County criminal defense lawyer about the possibility of early release.