Unfortunately, no security system is strong enough to prevent COVID-19 from breaking into the prison system. Yet many inmates in federal prison, state prison or county jail who have underlying health conditions are undoubtedly safer in a home confinement situation where there is better access to quality doctors and medical and where social distancing can be more readily attained and thus there is much less exposure to others who could be carrying the virus. We have already seen outbreaks of COVID-19 in California jails and prisons. https://www.cdcr.ca.gov/covid19/
Even the United States Attorney General William Barr has issued a memorandum encouraging the release of federal prisoners on home confinement whenever possible, to protect the health and safety of inmates who are at risk.
California jails have followed suit. https://www.nbcbayarea.com/news/coronavirus/sheriff-releases-314-inmates-to-reduce-coronavirus-risk-at-alameda-county-jail/2258026/.
There are laws providing for compassionate release, especially for older prisoners who are more at risk. https://www.law.cornell.edu/uscode/text/18/3582.
There are a variety of factors that will be reviewed in assessing which inmates can be granted a transfer to home confinement. Here at The Law Offices of Seth P. Chazin we are available to provide a detailed analysis of eligibility. In the event certain criteria are met, we will file a motion to have the inmate released on home confinement or other appropriate method of release.
Here is a brief overview of criteria for federal prisoners and those in pre-trial detention that will be reviewed to see if an inmate qualifies for release on home confinement:
- The age and level of risk of contracting COVID-19 in accordance with the Centers for Disease Control and Prevention (CDC) guidelines.
- The security level of the facility currently housing the inmate.
- The inmate's conduct in prison.
- The inmates history with violent or gang related activities.
- The inmate's score under PATTERN.
- Whether the inmate has a demonstrated and verifiable re-entry plan that will prevent recidivism and maximize public safety.
Contact us if you're interested in having a consultation on how The Law Offices of Seth P. Chazin can potentially assist your loved one in being released from the dangerous confines of a federal or state prison or county jail, and thus providing greater protection from contracting COVID-19 during this pandemic.
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