To prevent spread of virus behind bars, 28% of county inmates in Kentucky have been freed

In a dramatic response to pleas to prevent the spread of the coronavirus behind bars, prosecutors, public defenders and judges have reduced the number of county inmates in jails by 28%.

The number of pretrial detainees and offenders serving misdemeanor sentences declined from 11,624 to 8,415 in two weeks as of Thursday.

That's 3,209 fewer inmates.

Citing a potential disaster, Chief Justice John Minton Jr. had called on jailers and local officials to safely release as many inmates as possible, saying defendants who can await the outcome of their cases at home should do so.

Public defenders statewide have filed 1,596 bond-reduction motions since March 20, Public Advocate Damon Preston said Friday.

But the population in the state’s prisons only declined 1%, and the number of felons serving time in county jails dipped only 8%.

[This story is being provided for free to our readers during the coronavirus outbreak. Consider supporting local journalism by subscribing to The Courier Journal at courier-journal.com/subscribe.]

Preston has called on Justice Secretary Mary Noble and Parole Board Chairwoman Leila VanHoose to release medically at-risk inmates; all Class C and D felony offenders who are housed in county jails; and all inmates within 180 days of serving out their sentences.

Noble and VanHoose did not immediately respond to questions about whether they will take those actions, which were proposed in a letter Thursday.

“Given the mortality rate associated with the virus, we are concerned about the virus’ spread to at-risk people, particularly the elderly, within the close confines of a prison setting,” Preston and Post Trial Division director Tim Arnold wrote in the letter.

The Washington Post reported Sunday that a federal prison in Louisiana has, within days, exploded with coronavirus cases, leading to the death of one inmate on Saturday, the admission of a guard into a hospital intensive care unit, and positive test results for another 30 inmates and staff.

Patrick Jones, 49, was the first inmate in the Federal Bureau of Prisons diagnosed with the novel coronavirus, which causes covid-19, and the first to die.

The report said at least 60 inmates at the 1,700-inmate Oakdale prison, about 110 miles northwest of Baton Rouge, are in quarantine and an unknown number of staff are self-quarantining at home.

In Chicago's Cook County jail, the number of inmates who tested positive for the coronavirus jumped from 38 on Friday to 89 Saturday, with dozens still being tested, CNN reported.

Kentucky has about 24,000 people in its state prison system, the 10th most per capita in the United States, but none have tested positive for the virus, according to the letter.

The state has indefinitely banned visits to its prisons.

More: Clark County has released some inmates in fear of COVID-19, but Floyd has no such plans

In Jefferson County, 177 inmates awaiting trial on felony charges have been released from the county jail by court order and agreement of the public defenders and prosecutors, Commonwealth’s Attorney Tom Wine said.

More than 100 have been released by agreement of public defenders and the office of Jefferson County Attorney Mike O’Connell.

Both prosecutors have stressed that defendants charged with violent crimes and domestic violence are ineligible for release.

On Saturday, through a special docket at which inmates appeared by video, another 29 were freed through shock probation, furloughs and home incarceration, Chief Public Defender Leo Smith said.

“Today’s special docket was a relatively small but important step by judges, public defenders, prosecutors, the clerk’s office and Louisville Metro Corrections to responsibly reduce jail population,” Smith said, adding the jail conditions do not allow inmates to avoid close contact or follow other recommended precautions.

'People are very afraid': Health workers give inside look at battling a pandemic

Kentucky coronavirus live updates: Here's the latest news on COVID-19

Preston said: “Unlike the rest of our neighbors, Kentuckians in jails and prisons are defenseless against the threat of infection from other inmates or correctional staff.”

He said 1,379 inmates have been freed from county jails without the necessity of motions “thanks to the many prosecutors and judges who are also concerned about the potential threat to incarcerated persons.”

Asked to react to Preston's call for the release of certain state inmates, Gov. Andy Beshear said he has "draft plans" that he hopes to put in place this week, though "it will be more limited" than the public advocate's suggestion.

Preston said it is easier and quicker to get inmates freed from county jails than state prisons because they can be ordered released by a judge. Significantly reducing the number of felons in prison requires action from the governor or parole board.

Andrew Wolfson: 502-582-7189; awolfson@courier-journal.com; Twitter: @adwolfson. Support strong local journalism by subscribing today: courier-journal.com/andreww.