Midlands public defenders push for detainees release amid jail coronavirus worries
The top public defenders in Richland and Lexington counties are pushing to have some inmates released from county jails because of concerns about coronavirus.
“We are doing everything possible to seek the release of medically vulnerable inmates,” said 5th Circuit Defender Fielding Pringle.
The public defender’s office is also trying to secure release of detainees accused of nonviolent crimes.
Pringle’s office provides legal defense for people accused of crimes in Richland and Kershaw counties.
Both counties operate separate detention centers, which generally house criminal defendants who were denied bond after being charged or who haven’t paid their bonds.
People who are 65 and older or who have medical conditions or weakened immune systems are considered vulnerable to COVID-19, the illness caused by the coronavirus, the federal Centers for Disease Control has said. As demonstrated in a Washington nursing home and suggested by the CDC, confined spaces with large numbers of people can catalyze spread if that space is exposed to the virus.
The 11th Circuit Public Defender’s Office, which includes Lexington, Newberry, Saluda and Edgefield counties, is also looking to have vulnerable people and nonviolent suspects released from those counties’ jails, Circuit Defender Rob Madsen said. The office is compiling lists of cases for at-risk people and working with 11th Circuit Solicitor’s Office on releases.
Other cities across the United States have releases their detainees as the spread of the coronavirus escalates, and South Carolina’s Sumpreme Court issued an order aimed at reducing jail populations.
The public defenders’ push to have some defendants released follows the American Civil Liberties Union of South Carolina calling for the state’s solicitors’ offices, which prosecute suspects, to “review-and-release” detainees who were jailed in the last 30 days.
Typically, solicitors and public defenders are at odds, one trying to get convictions or guilty pleas while the other seeks acquittals or reduced sentences. Often, solicitors want defendants in jail awaiting trial to remain there while public defenders seek to have the defendants released.
The coronavirus has prosecutors and the public defenders working together to thwart the potentially devastating impact of an outbreak of the virus in a jail.
For a person to be released from jail, a public defender would have to appeal to a judge and argue for the defendant’s release. The prosecution could fight or support the release. The judge then decides.
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The Fifth Circuit Solicitor’s Office has asked Pringle to compile a list of people who are jailed and vulnerable to the coronavirus so that those cases can be scheduled to be heard by a judge, Solicitor Byron Gipson said.
“We’ve been attacking this problem for the last week,” he said.
His office isn’t preventing public defenders from trying to get vulnerable detainees out “in any way, shape or form,” Gipson said.
The Fifth Circuit Solicitor’s Office is researching ways to release people “on a larger scale” but, for now, releases are being done on a “case by case basis.”
“We’re taking all the precautions that we can take right now but we’re continuing to research ways to protect the public in all the ways we can,” Gipson said.
The 11th Circuit Solicitor’s Office could not be reached for comment.
Madsen, the 11th Circuit public defender, said the solicitor’s office of his circuit is “somewhat receptive” to releasing nonviolent people who are jailed.
“It’s facilitated the negotiations … to try to get any nonviolent offenders out of jail,” Madsen said.
Authorities at Alvin S. Glenn Detention Center, Richland County’s jail, have taken precautions to try to prevent the coronavirus from entering the facility. New detainees are screened for the virus and facility directors have “identified areas onsite to quarantine detainees, if needed,” a Richland County spokesperson said.
If the the jail is unable to quarantine a detainee onsite, ankle monitors “could be an alternative if decided by the court,” county spokesperson Beverly Harris said.
The Kershaw County Detention Center is taking similar screening precautions with detainees and employees of the jail. New detainees are watched for 24 hours with their temperature taken multiple times before they’re put into the general population, Captain Tyrell Cato said. The Kershaw jail also has space allotted for quarantining people. Medical and food services have also been bolster to protect from coronavirus.
Kershaw County has been the epicenter of the coronavirus outbreak in South Carolina. As of March 18, 25 of the state’s 60 coronavirus cases have been in Kershaw County.
Lexington County Detention Center has limited visitations.
But Madsen questions how jails could handle an outbreak of coronavirus, a concern he hopes would cause the public to understand why certain defendants shouldn’t be in jail now.
“I would hope everyone would understand that we’re in a different world than we were a month ago,” Madsen said. “Hopefully in the end this will facilitate that non-violent offenders don’t need to be in jail to begin with.”
BEHIND THE STORY
MOREWhat you should know about the coronavirus
The coronavirus is spreading in the United States. Officials are urging people to take precautions to avoid getting sick, and to avoid spreading the disease if they do contract it.
Click the drop-down icon on this card for more on the virus and what you should do to keep yourself and those around you healthy.
What is coronavirus?
Coronavirus is an infection of the respiratory system similar to the flu. Coronaviruses are a class of viruses that regularly cause illnesses among adults and children, but this outbreak has spawned a new disease called COVID-19, a particularly harsh respiratory condition that can lead to death.
Health officials believe COVID-19 spread from animals to humans somewhere in China. It spreads among humans by physical person-to-person contact, including via coughs. That’s why health officials urge sick individuals to avoid contact with other people.
For more information, visit the website for the Centers for Disease Control and Prevention.
What are the symptoms?
Symptoms are similar to the flu and include fever, coughing and shortness of breath.
How can I stop the spread of the coronavirus?
Wash your hands regularly with soap and water, and cover your mouth and nose when you cough or sneeze.
If you develop symptoms similar to the coronavirus, you should seek medical attention. Stay home from work or school and avoid contact with others. It can take up to 14 days after coming into contact with the virus to develop symptoms.
COVID-19 is a new condition and there’s much about the disease we still don’t understand. For now, taking precautions is the best way to stop the spread of the coronavirus.
This story was originally published March 19, 2020 at 11:00 AM.