An Atlantic County jail inmate tested positive for the coronavirus just hours after being transferred from the Mays Landing facility, BreakingAC has learned.
“I think it’s inescapable that the virus is in the jail as he would have acquired it there and certainly not in the two hours it would have taken to get him to a treatment program,” public defender Mary Linehan told the judge during a public hearing Monday.
After the inmate was transferred from the Atlantic County Justice Facility to a treatment facility, he complained of a sore throat and was tested, Linehan told Superior Court Judge Bernard DeLury. The test came back positive for COVID-19.
It was not clear where the testing occurred. The inmate’s name was not released, following HIPAA protocol.
Jail Warden David Kelsey said in an emailed statement released by the county government that the facility "does not have a positive inmate in our custody."
There was no response when asked whether any inmates had been tested.
“We were notified that one of our clients tested positive just a few hours after being discharged from the jail,” said Scott Sherwood, who heads the Atlantic County Public Defenders Office. “Fortunately, none of our staff had any close contact.”
Sherwood said this illustrates the importance of releasing low-risk inmates during this pandemic.
Last month, the state Supreme Court ordered jail sentences for low-risk inmates be suspended or commuted in light of COVID-19.
About 45 Atlantic County inmates were eligible, with the Atlantic County Prosecutor’s Office objecting to about 14.
Defense attorneys have also been using the issue as a reason to reopen detention hearings for some non-violent offenders.
“The Prosecutor’s Office continues to assert that the virus should not be a factor in release decisions, but we are very concerned about the rest of the inmates,” Sherwood told BreakingAC. “We know that the jail is doing their best to protect people, but we will continue working to keep the population at a minimum.
"We are following all the Centers for Disease Control, NJ Department of Corrections, state and local health departments and state officials' guidance regarding the prevention of a widespread outbreak within the jail," the warden said.
County Prosecutor Damon Tyner did not immediately respond to requests seeking comment.
