As the COVID-19 pandemic continues to spread across the country, the nation’s prisons are quickly becoming hotspots for the virus. Indeed, a recent news article documents the pervasiveness of COVID-19 in state prisons across the country. Massachusetts prisons are no exception. A local news outlet recently reported that more than 150 inmates and staff have contracted the coronavirus in the state’s jails and prisons.
Given this reality, many have raised concerns over the safety of those who are in custody. Since the beginning of the pandemic, civil rights organizations and defense attorneys have tried to get the courts to release as many incarcerated people as possible, with some success. Recently, the Massachusetts Supreme Judicial Court handed down an opinion discussing how lower courts should handle petitions for release in light of the COVID-19 pandemic.
The Court first acknowledged the safety concerns surrounding the continued incarceration of individuals during the pandemic, noting that the “unprecedented and urgent conditions created by the global COVID19 pandemic necessitated judicial action to reduce the population of those held in custody.”