Pact Furloughs Some ‘Low Risk’ Jail Inmates

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CREST HAVEN – An agreement approved by the state Supreme Court to release some people detained in county jails will have an impact in Cape May County.
According to Antwan McClellan, public information officer for the Cape May County Sheriff, some have been released from county jail.
McClellan, who is also a state assemblyman, described them as low-level, low-risk violators.
“They are being furloughed, which means that they will be required to finish their time after the pandemic,” he wrote in an emailed response to questions.
Staff at the jail has the appropriate protective gear, he said, under recommendations by the health services director and the medical director at the facility. Within the jail, new procedures have been put in place to avoid spreading the virus among those still incarcerated.
In a bid to curtail the spread of COVID-19, many held in county jails throughout New Jersey were ordered released, in an agreement reached between the state Attorney General’s office, the County Prosecutor’s Association, the office of the Public Defender and the American Civil Liberties Union of New Jersey.
On March 22, Chief Justice Stuart Rabner ordered the release of those held in New Jersey’s county jails for several reasons, including those detained for probation violations, municipal court convictions, disorderly persons offenses, and other infractions.
He cited the potential spread of COVID-19, which has been categorized as a pandemic. Thousands have tested positive for the disease in New Jersey and officials have imposed unprecedented limitations on daily life in hopes of curtailing the disease, fearing a spike in infections could overwhelm hospitals and medical facilities.
According to the ACLU-NJ, this could mean the release of up to 1,000 people throughout the state. The order does not commute sentences but rather orders temporary release during the public health crisis.
Judges will later determine whose sentences should be commuted.
“The order takes extraordinary steps to prevent unnecessary incarceration or superfluous interactions with the criminal justice system altogether during this time, such as suspending most outstanding warrants and preventing in-person reporting to probation officers,” reads a statement from the ACLU-NJ.
Freeholder Director Gerald Thornton said it would be up to County Prosecutor Jeffrey Sutherland to appeal the release of any specific inmates. He would have to convince a judge that the individuals should not be released.
Sutherland did not respond to a request for comment on this story. According to McClellan, some released were challenged on the grounds of public safety.
In some instances, he said, those challenges were successful, while others were overruled by a judge.
The total number of individuals released was not available by presstime.
 Sheriff Robert A. Nolan was not available for an interview, citing the extraordinary demands of the pandemic response.
This month, lobby visits to the jail were suspended until further notice, citing the need to protect staff, those housed at the facility and the public.
Last year, the county opened its new, $37-million jail, replacing one that officials said was outdated and overcrowded. Improvements touted at the new jail included more living space for inmates and better facilities for medical care.
“Without a doubt, the new jail is a far superior facility for dealing with the current pandemic. It is less crowded, and there is more room available to provide separation and social distancing,” McClellan wrote. “The HVAC system is new and considerably more efficient, the air quality is improved exponentially. Everything about the new jail lends itself to a safer, cleaner environment which is of the utmost importance in dealing with the current issue.”
A review of the publicly available inmate list posted by the sheriff’s department shows more than 150 people incarcerated in county jail as of Monday morning, March 30. The new facility has a capacity of 320 inmates, in five housing units with a capacity of 64 each.
Inmates were moved to the new facility on Jan. 12, 2019.
To contact Bill Barlow, email bbarlow@cmcherald.com.