Filed Date: March 19, 2020
Case Ongoing
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This case involves the release of individuals held in New Jersey jails during the 2020 COVID-19 pandemic. New Jersey Governor Phil Murphy declared a state of emergency on March 9, 2020 due to the threat of COVID-19 to public health and safety. On March 19, the New Jersey Office of the Public Defender wrote to the Supreme Court of New Jersey, requesting the Court to consider commuting or suspending the sentences of individuals serving time in county jails as part of their probation or because of a municipal court conviction.
A group of criminal justice organizations, including both the Office of the Public Defender and the ACLU of New Jersey, created a proposed order that would temporarily release up to 1,000 people incarcerated in county jails in hopes of reducing the spread of the virus within the jail system. The order’s proponents then conducted mediation with the Office of the Attorney General and the County Prosecutors Association before Judge Philip S. Carchman.
On March 22, 2020, the Supreme Court of New Jersey approved the proposed order, requiring the release of a designated set of incarcerated persons from county jail by 6:00 am on Tuesday, March 24, 2020. 2020 WL 2831186. This group would include individuals serving a county jail sentence either as a condition of probation or as the result of a municipal court order. The remaining individuals in the custody of county jails—except for individuals whose release was objected to by either the County Prosecutors or the Attorney General—would be released on Thursday, March 26, 2020. The order provided additional stipulations, such as requiring that all incarcerated persons who either tested positive for COVID-19 or displayed symptoms be isolated and not released and establishing special procedures for individuals connected with cases of domestic violence. It also suspended outstanding warrants for all but the most serious crimes.
The jail sentences would be suspended until the end of the Public Health Emergency in the state of New Jersey.
On March 23, 2020, the court amended its consent order to add in procedures for inmates who lacked a safe place to go upon release.
Summary Authors
Elizabeth Helpling (6/14/2020)
Rabner, Stuart (New Jersey)
Krakora, Joseph E (New Jersey)
Shalom, Alexander (New Jersey)
Grewal, Gurbir S. (New Jersey)
Onofri, Angelo J (New Jersey)
Last updated Aug. 30, 2023, 3:26 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: New Jersey
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: March 19, 2020
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Office of the Public Defender and ACLU-NJ on behalf of individuals incarcerated in county jail.
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Special Case Type(s):
Appellate Court is initial court
Non-court arbitration/mediation
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Issues
COVID-19: