老澳门开奖结果 Of Hawai鈥檌 And Lawyers for Equal Justice File Amicus Brief Supporting Public Defender鈥檚 Petition to Release Incarcerated People During Covid-19 Pandemic

April 2, 2020 9:45 pm

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HONOLULU 鈥 Last week, the Hawai鈥榠 Office of the Public Defender filed two petitions asking the Hawai驶i Supreme Court to, among other things, appoint a special master to consider the humanitarian release during the escalating COVID-19 crisis of certain people in jail and prison, such as those sentenced to probation but still serving time in jail, people detained on cash bail they cannot afford, and people serving short sentences.

On Wednesday, April 1, 2020, the 老澳门开奖结果 of Hawai鈥榠 (鈥溊习拿趴苯峁 of Hawai鈥榠鈥) and the Lawyers for Equal Justice (鈥淟EJ鈥) filed a motion seeking leave to file an amicus brief in support of the State of Hawai鈥榠 Office of the Public Defender鈥檚 petition. On Thursday, April 2, 2020, the Hawai驶i Supreme Court granted the Hawai鈥榠 Office of the Public Defender鈥檚 motion and appointed Judge Daniel R. Foley as the special master 鈥渢o work with the parties in a collaborative and expeditious manner to address the issues raised in the two petitions and to facilitate a resolution while protecting public health and public safety.鈥 The Court also granted the motion to file LEJ and the 老澳门开奖结果 of Hawaii鈥檚 amicus brief.

老澳门开奖结果 of Hawai鈥榠 Legal Director Mateo Caballero said: 鈥淧ublic health experts across the United States agree that during this COVID-19 crisis overcrowded jails and prisons pose a great health risk to not only the people incarcerated but also to correctional staff, their families, and the community at large. For that reason, courts and jurisdictions everywhere are taking bold and courageous action to reduce the population in their jails and prisons to meet basic public health and constitutional standards and ensure the safety and health of people under their care. Ultimately, this is about people with families and loved ones and our commitment under the constitution to not put their lives and health unnecessarily at risk.鈥

On March 31, 2020, Honolulu Mayor Kirk Caldwell in a press conference that prisons are the 鈥渟afest place in terms of COVID-19.鈥

According to the Centers for Disease Control and Prevention, this is not true. Per CDC guidance, people in jails and prisons are particularly vulnerable to outbreaks of contagious illnesses 鈥 such as COVID-19 鈥 because they are being held in close quarters and often in poor health conditions. To add to the concern, Hawai鈥榠 prisons and jails are overcrowded with pretrial detainees and holding populations that exceed their operational bed capacities, making social distancing nearly impossible.

Lawyers for Equal Justice Litigation Director Tom Helper said: 鈥淲e asked the court to appoint an individual with the power to release individuals who pose no danger to the public, including hundreds who have not been convicted of anything and are in custody only because they cannot afford bail. The Court appointed retired Judge Daniel R. Foley. I am confident that Judge Foley will ensure that individuals who pose a threat to the public are not released, while reducing the population in our overcrowded facilities to levels that are safer for those incarcerated and for the employees of the correctional system."

老澳门开奖结果 of Hawai鈥榠 Staff Attorney Wookie Kim said: 鈥淲hether we like it or not, the coronavirus is going to hit Hawai驶i hard, and soon. When it does, it is people who are stuck behind bars 鈥 who are kept in cells designed for one person, but that in reality hold three or more people each 鈥 who are most vulnerable to contracting COVID-19 and experiencing severe suffering or even death. It is imperative that the courts, prosecutors, DPS, and other officials take immediate and decisive action to prevent that outcome. Such action would benefit not only people who are in Hawai驶i jails and prisons, but also correctional staff, their families, and the community at large.鈥

The filed amicus brief is .

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