MA Coronavirus: Many Prisoners Could Go Free After Ruling

BOSTON — People awaiting trial for all but the most serious offenses should be released without bail to limit the spread of the new coronavirus in Massachusetts prisons, the state's highest court ruled Friday.

The ruling by the Massachusetts Supreme Judicial Court says people charged with most crimes should be released without bail "unless an unreasonable danger to the community would result, or the individual presents a very high risk of flight." The ruling lets people currently serving sentences of 60 days or less to file motions to have their sentences revised or revoked.

The ruling orders the Department of Corrections and parole board to speed up the process for paroling prisoners "and to identify other classes of inmates who might be able to be released by agreement of the parties, as well as expediting petitions for compassionate release."

As part of the ruling, the court appointed a special master to immediately begin hearings for requests for release. District attorneys and the state attorney general can appeal release decisions.

People awaiting trial or convicted of violent crimes and more serious offenses, however, are not eligible for release. Those crimes include murder, armed assault and battery, mayhem, domestic violence, operating under the influence-third offense, vehicular manslaughter, illegal firearm possession, rape and indecent assault and batter, human trafficking, incest, child pornography, and trafficking of fentanyl, carfentanil, cocaine or heroin.

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The lawsuit leading to Friday's decision was filed last week by Massachusetts chapter of the American Civil Liberties Union and the Committee for Public Counsel Services, a state agency that provides legal representation to indigent defendants.

All 14 county sheriffs and seven of 14 district attorneys in Massachusetts opposed the release of prisoners based solely on heath concerns. In their response to the lawsuit and in oral arguments on Tuesday, they said a mass release would "abandon government's most basic function of safeguarding its citizens."

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Dave Copeland can be reached at dave.copeland@patch.com or by calling 617-433-7851. Follow him on Twitter (@CopeWrites) and Facebook (/copewrites).