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‘This is not a get out of jail free card’: State Attorney says releasing inmates will help avoid coronavirus crisis

Efforts to prevent the spread of COVID-19 in an overcrowded jail means releasing nonviolent offenders.

JACKSONVILLE, Fla. — In an effort to prevent the spread of the deadly coronavirus, the State Attorney’s Office announced measures to significantly reduce the population of the Duval County Jail.

The move comes as Florida's state prison system began refusing new inmates, creating a backlog inside county jails around the state.

“This is absolutely not a get out of jail free card,” said State Attorney Melissa Nelson. “I want to make clear: This is temporary. This is a response to what we find in ourselves in this public health emergency and crisis.”

Nelson said reducing the jail population is necessary to create room for incoming inmates accused of violent crimes and to ensure there is space for isolating inmates who may become ill.

“Right now, that population -- they’re already overpopulated,” she said.

In a March 30 memo, Chief Assistant L. E. Hutton said, “The implications of this Virus entering and spreading through the jail would pose a significant health risk to corrections officers, civilian jail employees, court staff, and the overall inmate jail population. It would also result in a major disruption to the criminal justice system.”

Hutton told First Coast News the order would not lead to the release of “violent offenders, the people who are causing havoc in their street, or people who think this is a time to commit burglaries to cars or business or homes. In fact, to the contrary.” Hutton said the new policy would create space in the jail for people who posed a legitimate threat to others.

Public Defender Charlie Cofer, who worked with prosecutors to develop the policy, said keeping the illness at bay is paramount.

“At some point, someone who is COVID-19 positive will be admitted to the jail,” said Cofer. “Once it’s in there and gets a foothold, it’s going to be very difficult to control. [Jail] is the opposite of social distancing. The virus spreads in the jail environment before they even know it’s there.”

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The new policy means the state will consider releasing misdemeanor defendants, non-violent offenders, people over the age of 60 and those with medical conditions that could make them vulnerable to infection. They will not release those accused of sex offenses or violent crimes.

The Duval County Jail was designed to hold 2,189 inmates. As of last Wednesday, Cofer said, it held about 3,025.

“The public should not be worried about this,” said Cofer. “These are people who would be eligible to post bond for the most part, but most of them don’t have the means to post the bond.” He added, “We can do these things compatible with public safety.”

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