Committee for Public Counsel Services v. Chief Justice - Court-Ordered Stay on Sentences Denied
The court reaffirmed its prior decision that the Massachusetts state courts cannot "stay a final sentence that is being served, absent a pending appeal or a motion for a new trial, without violating the separation of powers under art. 30 of the Massachusetts Declaration of Rights," although the courts do have the power to reconsider bail decisions for pre-trial detainees. The court did, however, provide revised reporting requirements on the Department of Corrections, Massachusetts sheriffs, and the parole and probation boards so that "petitioners are able to explore every extant legal mechanism by which to reduce the population of incarcerated individuals." These requirements governed daily and/or weekly reports of the identity of pre- and post-trial detained individuals, individuals eligible for parole, and facilities' COVID statistics. The court also ordered that trial courts "develop procedures to enable counsel to seek expedited approval" of funds for pre-trial detainees and that detainment institutions may receive permission for medical releases directly from detained individuals.
Comm. for Pub. Counsel Servs. v. Chief Justice of Trial Court, 484 Mass. 1029 (2020)
DETAILS
Decision
Date
4/28/2020
Practice Area
Criminal (State Charges)
Relief Requested
Improved Conditions, Release
Type of Court
State Highest Court
Location
Massachusetts
Type of Case
Group
Case Characteristics
Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
SJC-12926
MORE CASE INFORMATION
Court Name
Supreme Judicial Court
Decision
Motions Partially Granted
Legal Authority
Massachusetts Declaration of Rights, art. 30
Legal Authority
Massachusetts Rules of Criminal Procedure
Case Status
Decision Made
Improved Conditions Ordered
The court ordered that the Department of Correction and each sheriff provide daily reports identifying the inmate population, the number of COVID-19 tests administered to inmates and staff, the number of positive tests, and the names and relevant case information of all pretrial detainees; that the probation board provide daily reports identifying all individuals awaiting a preliminary hearing or final revocation hearing and relevant case information; and that the parole board provide weekly reports identifying individuals who have petitioned for parole (including medical parole), are awaiting release on parole, or have had parole revoked. The court also ordered that trial courts "develop procedures to enable counsel to seek expedited approval" of funds for pre-trial detainees and that detainment institutions may receive permission for medical releases directly from detained individuals.
Motions Partially Granted
Petitioners requested that the court 1) reconsider its April 3 decision that a Massachusetts state judge could not "stay a final sentence that is being served, absent a pending appeal, or a motion for a new trial, without violating the separation of powers" of the Massachusetts Declaration of Rights; and 2) expand state prisons' reporting requirements so as to "provide the petitioners with information that might be used to pursue other legal pathways by which the population of those held in custody serving sentences might be reduced." The court denied the first request, reaffirming its prior decision, but granted the second request with additional reporting requirements.
COVID-19 in Jail Prison or Detention Center
Not Discussed
Litigation Database
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
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