The state had argued that it is up to local authorities to release inmates from custody
One of the things that the coronavirus pandemic has revealed is just how vulnerable people are when they are in any type of correctional institution. Often kept in tight quarters, with little access to things like soap, hand sanitizer, or even masks, inmates are at an increased risk of being infected should even one person in their facility contract the virus. This is particularly true given that state prisons remain filled at 30% above capacity.
In response to the pandemic, California has released thousands of prisoners who were close to the end of their term. However, this still left tens of thousands of Californians in prison and jail across the state. According to a criminal defense lawyer in Orange County, CA, recent lawsuits filed by the American Civil Liberties Union (ACLU) requested that the California Supreme Court issue emergency orders to reduce the population of state prisons, county jails, and juvenile detention facilities. In a second lawsuit, the ACLU also asked that all transfers to Immigration and Customs Enforcement (ICE) be frozen during this time to avoid the danger of being exposed to the virus in an ICE facility.
These lawsuits argued that keeping individuals locked up during a global health emergency violates their constitutional rights. Specifically, it violates inmates’ Eighth Amendment guarantee against cruel and unusual punishment and their Fourth Amendment right to due process. The ACLU sought the release of an unspecified number of inmates.
In response, the State claimed that it did not have authority to release inmates from county jails and juvenile detention facilities. However, local law enforcement agencies are subjected to other statewide orders, such as the “0” bail order from Governor Newsom that was designed to limit the number of people being held in detention facilities across the state.
Data on COVID-19 infections reveals that these detention facilities are hotspots for the virus. To date, there have been major outbreaks at the California Institution for Men (593 confirmed cases) and the California Institute for Women (105 cases). Throughout the region, 660 inmates held in Los Angeles County jail have tested positive for coronavirus. In addition, there have been two large outbreaks in federal prisons in California, with 1,078 prisoners testing positive at Lompoc and 686 prisoners restringing positive and 8 deaths from the virus at Terminal Island.
In early May, the California Supreme Court rejected this lawsuit, stating that advocates could file lawsuits in individual counties, naming both state and local officials. The Court also noted that local judges should act quickly to achieve a quick resolution.
Although the state won’t step in to order the release of inmates in local detention centers, a skilled criminal defense lawyer in Orange County, CA can advocate for you if you are currently incarcerated or have been charged with a criminal offense and are facing jail time. While the pandemic continues, there are strong arguments to be made that the safest course of action is to have as few people as possible in our detention systems. Beyond making these arguments, your lawyer can put together strong factual and legal defenses to the charges against you to help you achieve the best possible outcome for your case.
At the Chambers Law Firm, we are dedicated to helping people who have been charged with a California crime. We use our knowledge and experience to protect our clients’ rights. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free consultation with a criminal defense lawyer in Orange County, CA.
