Statement of Suffolk County District Attorney Rachael Rollins on Supreme Judicial Court Decision

BOSTON, April 4, 2020 — “This decision is a living, breathing ever-evolving document.  The Special Master is still very active.   Sheriffs must provide daily census reports for each correctional facility and the DOC must provide daily reports of inmate counts and rates of COVID-19 cases at each facility. Those daily reports are reviewed by the Special Master and provided on a weekly basis to the SJC ‘so that the court will be better positioned to respond to further changes in this rapidly-evolving situation.’  This is just the beginning.

“I am grateful for the speed with which the SJC made its decision. Lives are a stake and every hour matters. This ruling will certainly help. But this is a start, not the finish.

“I appreciate the work and thought that went into conducting the first ever telephonic hearing before the SJC and potentially the most parties to ever argue a matter before the SJC.  We are in unchartered territory. The Special Master helped create a desperately needed framework and oversight for our Commonwealth to reduce its prison, jail, and detention facility population in the interest of public health by facilitating the coordinated and expedited release of certain detainees who are at high risk of contracting COVID-19.

“This ruling allows my office to continue to protect both the public and victims while providing critical relief for pre-trial detainees who are non-violent and do not represent a risk to public safety or flight.  They now have the opportunity to be released on their recognizance before they stand trial for the crimes they have only been accused of.

“Decarceration in certain instances is the just, humane, and right thing to do. We will do this without sacrificing the important concerns of survivors and victims, and their physical and emotional well-being.

“I am heartened that the SJC strongly urged the Parole Board to move with all deliberate speed to process the some 300 people who have been granted parole, but still remain behind the wall because they lack a parole permit. But honestly, this really should have already been happening in the face of a global pandemic and a heightened public health threat.

“We must carefully decarcerate because the nature of these carceral facilities, despite best efforts, makes it virtually impossible to practice effectively the recommended defenses against COVID-19: social distancing and rigorous personal hygiene. This is important not only for detainees and their loved ones, but for correction officers, medical professionals, social workers, other staff and their family members, neighbors, and communities that could be at a heightened risk.

“The court stated ‘we agree that the situation is urgent and unprecedented, and that a reduction in the number of people who are held in custody is necessary.’

“As I said before, I am proud that Suffolk County has led the way in this pandemic. We reached out to our colleagues in the criminal defense bar to discuss flattening the curve of COVID-19 as early as Friday, March 13, 2020 after first focusing on the safety and health of our approximately 300 staff.  We have worked tirelessly with our partners in the Suffolk County Sheriff’s Department and at CJIS to gather relevant information and facilitate the expedited process of determining who is suitable for consideration of pre-trial release. Many of the suggestions detailed in our Response to the Petition and offered during the hours of calls we had with the Special Master prior to the decision of the court were incorporated in the Special Master’s Report and Recommendation and the SJC’s decision. Suffolk County will continue to lead because that is what we do.

“I will always balance the important rights and needs of victims and survivors and the safety of our communities while remembering that no one in the pre-trial or post-conviction population was held in anticipation of, or sentenced to, death. There must be opportunities for relief, even if temporary, in this extraordinary time.  That is the just and humane thing to do.”

Suffolk County District Attorney Rachael Rollins’ office serves the communities of Boston, Chelsea, Revere, and Winthrop, Mass. The office handles over 25,000 cases a year. More than 160 attorneys in the office practice in nine district and municipal courts, Suffolk Superior Court, the Massachusetts Appeals Court, the Supreme Judicial Court, and the Boston Juvenile Courts. The office employs some 300 people and offers a wide range of services and programs to serve anyone who comes in contact with the criminal justice system. This office is committed to educating the public about the services we provide, our commitment to crime prevention, and our dedication to keeping the residents of Suffolk County safe.