The Supreme Court of New Jersey has rejected a proposal to release hundreds of people from prison who are awaiting trial, but they did say that some people need to reconsider their detention due to the coronavirus crisis.
The pandemic has halted new trials, and all seven judges on Thursday agreed that lower courts should consider releasing people who have been waiting behind bars for six months and are not accused of the most serious crimes, especially if health problems cause it . with greater risk.
“COVID-19 has created an ongoing health crisis of enormous proportions for society as a whole – including for individuals imprisoned,” Chief Justice Stuart Rabner wrote in the court’s opinion, asking lower courts to re-examine cases quickly. .
Residents are only locked up before trial when a judge believes they pose a risk to the public or can run away, and according to the court, there were nearly 5,000 people in jail waiting for juries to resume from Monday.
Defense attorneys argued for more comprehensive change last month.
Anyone detained for at least six months, which is usually the deadline to start a trial, should be released if they are only accused of having committed a second-degree offense or less, the Office of the Public Defender and the American Civil Liberties Union of New Jersey said.
It included about 650 people who may have been charged with arson, assault and robbery, including crimes, according to lawyers late last year.
The judges disagreed and said “not all second-degree offenses or offenders are alike.”
But even if a judge seemed to have locked up someone originally, the coronavirus was a good reason to reconsider, Rabner said. This was especially true if the time someone spent behind bars is as long as the sentence they would eventually receive if convicted, he said.
“We are delighted that the court has an urgent need to address the crisis,” Alexander Shalom, an attorney general for the American Civil Liberties Union, said in a statement. “With this ruling, the court will ensure that people can in some way challenge the long-term confinement in an unprecedented environment.”
Jennifer Sellitti, a spokeswoman for the public protector, said the decision would help ensure no one languishes behind bars during a time when jury hearings are suspended.
A spokesman for the Office of the Attorney General, who was opposed to mass release, did not immediately respond to a request for comment.
When reviewers consider a person’s health, a “general fear of contracting COVID-19” is not reason enough for release, Rabner wrote. Instead, courts should investigate “whether the accused’s health has deteriorated since the detention trial and is now more susceptible to serious health consequences in prison.”
Those charged with murder or life in prison are unlikely to be tried again, Rabner added.
Of those awaiting trial behind bars, more than 1,840 were charged with the most serious crimes, 1,780 were charged with second-degree offenses, about 1,000 were charged with third-degree offenses and less than 300 were charged with the lowest crimes, according to the court. records.
That includes 28 people facing criminal offenses, which usually result in only six months’ sentences anyway, the court said.
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