Lawmakers approve plan to release 2,000 inmates to stop spread of COVID-19

RICHMOND, Va. (WSET) - Lawmakers approved a budget amendment Wednesday during their special session this week that will release Department of Corrections inmates to cut down on the population in prisons.

Northam said that the jail population in the state was 24,000 on April 7, down 17% from March 1. Virginia has also seen a 67% decline in the number of new commitments for misdemeanors across the state.

Northam said the reduction was achieved through various steps, including decreasing the number of low-risk offenders being held without bail in jails, diverting offenders from being admitted into jails before trial by using summonses in lieu of arrests, and using alternatives to jail such as home electronic monitoring.

Inmate advocates, including the Legal Aid Justice Center, have urged Northam to use his executive clemency powers to grant pardons to high-risk inmates and those who are close to their release dates. They’ve also asked the Parole Board to expedite early release of certain inmates.

The ACLU of Virginia has filed a petition with the Virginia Supreme Court, arguing overcrowded facilities and current conditions make social distancing impossible, and requests that officials decarcerate facilities as much as safely possible in order to adhere to guidelines set by the Centers for Disease Control and Prevention and the Virginia Department of Health.

A lawsuit claims state officials are violating the U.S. Constitution by failing to decarcerate overcrowded facilities during the COVID-19 pandemic.

Brian Moran, the state’s Secretary for Public Safety and Homeland Security, said earlier this month that the Parole Board approved the early release of 96 inmates in March.

Northam proposed a budget amendment to allow the Department of Corrections to release inmates with less than a year left to serve in their sentences for the duration of the state of emergency.

Virginia lawmakers approved that amendment.

Moran said that it applies to about 2,000 inmates.

Virginia Department of Correction officials will need to now plan for inmates to have somewhere to go once they are released and have necessary medications for at least three months.

As of Sunday, 139 inmates and 50 Department of Corrections staffers had tested positive for COVID-19. One inmate has died.

Separately, a legal aid group is demanding that the state take steps to protect youths at a juvenile detention center where 25 kids have tested positive.