Statement from DA Satana Deberry on Prison Population and COVID-19

STATEMENT
April 8, 2020
For immediate release

Statement from Durham County District Attorney Satana Deberry on Prison Population and COVID-19

Last month, my office began working with judges and defense attorneys to reduce the population of the Durham County Detention Facility. This ongoing effort is being made for the safety of both people who are detained and work at the detention facility, where it is difficult if not impossible for people to follow the guidance of health officials to reduce the spread of COVID-19.

It is with these same goals of public safety and public health that my office is now reviewing, and in some cases consenting to, requests by people in the state prison system for sentencing relief in light of the pandemic.

COVID-19 is already impacting our state prisons; both staff and incarcerated people have already tested positive. We have seen in other states how rapidly this virus can spread once it enters a detention setting — putting detainees, staff, and their families at risk. As public health and infectious disease experts have made clear, jails and prisons by nature are not conducive to social distancing and other measures required to combat this virus, and incarcerated people are more likely than the general public to experience underlying health conditions that put them at risk of illness due to COVID-19.

As such, my office is actively reviewing Motions for Appropriate Relief in light of COVID-19 to identify people who can be safely released from prison, including those who are at high risk of illness due to age, those who were convicted of non-violent crimes and those who are already scheduled for release in the near future.

In appropriate cases, my office will consent to sentencing modifications; a judge must approve such an agreement and issue a final order. A coalition of organizations including North Carolina Prisoner Legal Services and the North Carolina Justice Center is identifying individuals for potential release and, importantly, will connect people released through this process in Durham to resources and re-entry services.

Separately, we are also considering a small number of Motions for Appropriate Relief that were filed prior to the pandemic seeking relief based on issues related to the cases at hand. These motions have been under careful review by my office over the past several months. Given the seriousness of this virus and the risk it could pose to detention facilities, I intend to treat these requests with the same urgency as those filed in light of COVID-19.

As I’ve said before, we all have a responsibility to try to stem the spread of COVID-19. Releasing individuals who do not pose a danger to the public can prevent them from being exposed in prison, create a safer environment for those who remain there, and help protect our entire community during this pandemic.