Certain Atlantic County jail inmates will be released Monday night, as part of a Supreme Court order suspending or commuting county jail sentences for low-risk inmates in light of the public health emergency caused by COVID-19.
"This is a prudent measure and all precautions will be made for public safety," Gov. Phil Murphy said during his daily briefing Monday.
The order commutes or suspends sentences currently being served by county jail inmates either as a condition of probation for an indictable offense or because of a municipal court conviction. It directs their release no later than 6 a.m. Tuesday.
About 45 Atlantic County inmates were eligible, said Scott Sherwood, who heads the county Public Defenders Office.
A county-by-county breakdown is expected to be available later.
The order impacts only those in jail for third- or fourth-degree crimes or disorderly persons offenses. It does not affect state prison sentences.
The number includes those serving day reporting or weekends, Sherwood noted.
"It's important to keep those people away from the rest of the jail population because they come and go," he said of possible COVID-19 contamination.
The Office of the Public Defender filed the petition with Supreme Court on Friday in response to concerns about the spread of COVID-19 in county jails.
The state has until 5 p.m. to file any objections, Sherwood said. The state has objected to about 14.
Those who have no objections pending will be released Monday night, he said.
They are being given information about the coronavirus and how to limit chances of infection.
Work is also being done to make sure that inmates have the necessary support services lined up before they leave jails, said Peter Aseltine, a spokesman for the Attorney General's Office.
"This process -- which was agreed upon by all parties -- allows for us to strike the right balance between public safety, public health and the rights of crime victims," he said.
"To be clear, these are all individuals serving county jail sentences (sentences of 364 days or less) either as a condition of their probation or for low-level offenses, including municipal court convictions," Aseltine added. "Inmates who are being detained pre-trial because a judge found that they present a danger to the community or a flight risk are not being released."
Sherwood told BreakingAC that his office will represent all inmates where there is an objection, including those originally handled by private counsel. This also includes municipal cases.
Those briefs will be filed Tuesday.
Sherwood's office also has filed numerous motions to reconsider detention orders. Some already have been granted, he said. Others are scheduled for argument over the next few days via Zoom.
"We have clients in jail who are non-violent, who have plea offers of probation, who are pending probationary sentences in the near future and who have health problems," he said. "If the state thinks our client deserves a sentence of probation, they should not be in jail, especially now."
After the Supreme Court accepted the petition, mediation was ordered between the Office of the Attorney General, the Office of the Public Defender, the County Prosecutors Association of New Jersey and other interested parties. It was overseen by retired Presiding Appellate Judge Philip S. Carchman.
Under the order, other inmates serving a county jail sentence will be released by no later than noon Thursday.
At the conclusion of the public health emergency, those released from jail will appear before the court to determine whether their custodial sentences should be reinstated or commuted. Sherwood said inmates being released are being given notice that they could be required to complete their jail terms at a later date.
No-contact orders, drivers’ license suspensions and other conditions will remain in force.
