A local legislator’s pending bill on Beacon Hill is seeking to significantly depopulate the state’s jails and prisons amid the COVID-19 pandemic.
The bill, sponsored by state Rep. Lindsay Sabadosa, D-Northampton, calls for individualized reviews for releases of all pretrial detainees and sentenced people, including those who are over 50 years old and more vulnerable to the coronavirus, among other criteria. It also demands “appropriate health and safety policies and practices” to be implemented in all correctional facilities, free hygiene products and expanded access to email and phone calls for incarcerated people.
“The bill does not ask for a blanket release,” Sabadosa explained. “It asks for a one-to-one review.”
The Supreme Judicial Court (SJC) last month issued a ruling that allowed for some pretrial detainees to request a hearing for release due to the public health crisis. But the SJC argued it did not have the legal authority to order the release of sentenced people, saying such action would be a power of the governor.
“This does fall on the executive branch, and when the executive branch refuses to take bold action it is the obligation of the Legislature to step in and take up that duty,” Sabadosa said. “I think that having the legislation is really the way we can push the executive.”
Sabadosa said the SJC ruling has resulted in the release of some nonviolent pretrial detainees solely being held for bail. But she said not enough is being done to release already-sentenced prisoners.
“This bill would really give relief to all of the other categories of prisoners who’ve seen no relief,” she said.
The bill directs pretrial services, county sheriffs, the state Department of Correction and the Massachusetts Parole Board to review each individual incarcerated person’s case for potential release.
Under the bill, sentenced people in jail and prison who pose no immediate physical threat to the community would be released, including those over 50 years of age, those who are medically vulnerable, those who qualify for medical parole, those incarcerated due to technical violations of probation and/or parole, people incarcerated due to failure to pay fines or fees and those who are within six months of their parole eligibility or release date.
It also demands the release of pretrial people who pose no immediate physical threat to the community and who are being held solely because they are unable to afford cash bail, those over 50 years of age, those who are medically vulnerable to COVID-19 and those awaiting a violation of probation hearing.
Any person charged with or serving time for simple possession of controlled substances and who does not pose an immediate physical threat to the public would also be released under the legislation.
For those under the jurisdiction of sheriffs, the Department of Correction or the parole board who meet these criteria but aren’t released, a defense attorney would be assigned to them. For pretrial detainees, there must be a written reason for denying release.
Sabadosa said the bill is still in the Judiciary Committee, and that there have been hundreds of people who have submitted testimony regarding the legislation.
“I think there is momentum,” she said. “This conversation has been happening and people understand it is a problem.”