State Public Defender’s Office Calls For Releasing Certain Inmates, Prosecuting Attorneys Push Back

The Missouri State Public Defender’s Office is calling on the Supreme Court of Missouri to release certain inmates from custody, while the Missouri Association of Prosecuting Attorneys is pushing back.

In a letter to the Supreme Court, the Public Defender’s Office is asking to release from confinement the following groups of inmates during the COVID-19 pandemic:

(i) those currently serving sentences in any city or county jail in Missouri pursuant to a conviction for a misdemeanor offense; 

(ii) those currently serving sentences in any city or county jail in Missouri pursuant to a conviction for a municipal ordinance violation; 

(iii) those confined pretrial on nonviolent misdemeanor, municipal ordinance violation, or nonviolent C, D, and E felony charges; 

(iv) those confined on technical probation violations or probation violations based on allegations of a municipal ordinance violation, nonviolent misdemeanor, or nonviolent felony; and 

(v) those in high-risk categories likely to face serious illness or death. This action is necessary to combat the spread of COVID-19 to protect the health and safety of inmates, corrections workers, nurses, and all those involved in Missouri’s justice system. 

“We are requesting certain narrowly-tailored relief appropriate to address the current emergency circumstances,” the letter said. “As the Court has acknowledged through its two recent orders regarding COVID-19, the threat of the virus is not speculative. The inmates covered by this request can be safely and swiftly released without unduly affecting the administration of justice or endangering the safety of the community.”

In a statement released Thursday night, the Association of Prosecuting Attorneys said “such an order is unwarranted and would undermine the cause of individual justice.” 

Further, the association said that local authorities are in the best position to review and make decisions about the release of any individual inmate.

“They are able to consider not only public health issues but also the nature of the offense, the criminal history of the defendant, the defendant’s record of appearing in court when ordered to do so, whether the defendant is in custody for reoffending after an initial offense, the defendant’s probability of reoffending, and the safety of the victim,” the association said.

“For these reasons, we urge the Supreme Court to trust local courts and sheriffs to make particularized decisions considering each individual case during this public health emergency.”