Filed Date: March 30, 2020
Closed Date: April 3, 2020
Clearinghouse coding complete
On March 30, 2020, the Pennsylvania Prison Society and five incarcerated individuals, represented by the ACLU of Pennsylvania, filed an emergency petition with the Pennsylvania Supreme Court. Petitioners argued that under state law the Supreme Court had legal authority to reduce jail populations and that extraordinary measures in other states were indicative of the need for jail population reductions. Petitioners urged the Court to instruct all courts in the Commonwealth to immediately order county jails within their respective jurisdictions to release the following categories of people, subject to the objection provision outlined below:
a. Those who are within three months of, or beyond, their minimum sentence;
b. Those under a probation detainer (or serving a sentence) for a violation of probation or county parole where the violation does not arise out of the commission of a new felony offense;
c. Those eligible to periodically leave their correctional facilities, such as those eligible for work release or serving intermittent sentences (e.g., weekends);
d. Those detained pretrial solely due to an order imposing cash bail; and
e. Any incarcerated person at increased risk of severe COVID-19 complications and death as defined by the CDC, including those over the age of 45, and people with any of the following underlying medical conditions: blood disorders, chronic kidney or liver disease, compromised immune system, endocrine disorders (including diabetes), metabolic disorders, heart and lung disease, neurological and neurologic and neurodevelopmental conditions, and current or recent pregnancy. Petitioners also requested that the Court take additional measures to reduce jail populations, including the cessation of setting cash bails, prioritizing hearings for in-custody defendants, and ensuring the availability of a venue for criminal proceedings. They also requested a special master to oversee compliance with the requests outlined above.
On April 3, 2020, the Supreme Court of Pennsylvania denied the petition. 2020 WL 3116883. The court recognized the seriousness of the COVID-19 pandemic, but denied the petition because the immediate release of certain persons failed to consider the potential danger of inmates to the general population and the diversity of situations. Even so, the court directed that the President Judges of each judicial district coordinate with county officials to ensure that the county correctional institutions were adequately addressing the threat of COVID-19 and applying the recommendations of public health officials. If the recommendations of those officials could not be followed, President Judges were ordered to work with county officials to identify persons for potential release or transfer to reduce the populations held in institutions. President Judges were also ordered to take steps to limit the introduction of new inmates. Chief Justice Saylor wrote a concurring opinion, stating that, the Governor should issue an Executive Order, as the authority to release prisoners on account of a disaster emergency rests with him. 2020 WL 3109546.
The deadline for reconsideration was on May 12; the case is closed.
Summary Authors
Cedar Hobbs (4/2/2020)
Averyn Lee (6/14/2020)
Deiderick, Brian (Pennsylvania)
Daley, Michael P (Pennsylvania)
Eisenberg, Ronald (Pennsylvania)
Amon, Joseph J PhD (New Jersey)
Diggs, Khadija Tamu (Pennsylvania)
Last updated Aug. 30, 2023, 1:46 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Pennsylvania
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: March 30, 2020
Closing Date: April 3, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Pennsylvania Prison Society
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
Kairys, Rudovsky, Messing & Feinberg, LLP
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
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Mixed
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Issues
General/Misc.:
Sanitation / living conditions
COVID-19:
CDC Guidance ordered implemented
Release-process created/modified
Jails, Prisons, Detention Centers, and Other Institutions: