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Last week Pima County Public Defender Joel Feinman sent a memo to other criminal justice agencies urging a move to release as many nonviolent defendants from the jail as possible, given the COVID-19 health emergency.
COVID-19, also known as the Coronavirus, is a highly contagious disease that can flourish inside jails in prisons.
“There is ample scientific evidence that talks about why this population is more vulnerable to the disease,” Feinman said. “This disease flourishes in conditions of overcrowding, where people are living together in very close quarters, where they have substandard health care, and where there are not as rigorous cleaning protocols in place. You basically just defined jails and prisons across the country.”
The Pima County Attorney’s Office asked the public defenders to generate a list of all defendants they believe should be released. These are individuals considered not dangerous to the community, and are most often facing low-level drug possession charges.
The defendants fall into two categories: those who are awaiting hearings on petitions to revoke probation, and those who are in custody awaiting their trial and have not been convicted.
People who do not have the financial resources to pay their bail must stay in custody until their trial, meaning the people who are at a higher risk of being exposed to COVID-19 are most commonly poor people.
“Given that so many of them are charged with nonviolent drug offenses, and the overwhelming majority of them are in jail because they’re too impoverished to pay for their bail, it’s inhuman to condemn people to illness and death because they can’t afford to post $1,000 bail on a drug possession case,” Feinman said. “It’s simply inhuman.”
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