In re: Pet of PA Prison Society ( 2020 )

IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
IN RE: THE PETITION OF THE : No. 70 MM 2020
PENNSYLVANIA PRISON SOCIETY, :
BRIAN MCHALE, JEREMY HUNSICKER, :
CHRISTOPHER AUBRY, MICHAEL :
FOUNDOS, AND FREDERICK LEONARD, :
ON BEHALF OF ALL SIMILARLY :
SITUATED INDIVIDUALS, :
:
Petitioners :
ORDER
PER CURIAM
AND NOW, this 3rd day of April, 2020, the “Application for Extraordinary Relief
under the Court’s King’s Bench Jurisdiction,” asking this Court to invoke King’s Bench
jurisdiction and direct the President Judges of the Commonwealth to order, inter alia, the
immediate presumptive release of specified categories of incarcerated persons to prevent
the spread of COVID-19 in the county correctional institutions, is DENIED; nevertheless,
pursuant to Rule of Judicial Administration 1952(A) and the Pennsylvania Supreme
Court’s constitutionally conferred general supervisory and administrative authority over
all courts and magisterial district judges, see PA. CONSt. art V, § 10(a), this Court
DIRECTS the President Judges of each judicial district, or their judicial designees, to
engage with other county stakeholders to review immediately the current capabilities of
the county correctional institutions in their district to address the spread of COVID-19.
The Court further explains and DIRECTS as follows:
The potential outbreak of COVID-19 in the county correctional institutions of this
Commonwealth poses an undeniable threat to the health of the inmates, the correctional
staff and their families, and the surrounding communities. Accordingly, action must be
taken to mitigate the potential of a public health crisis. We acknowledge that in some of
the Commonwealth’s judicial districts, judges, district attorneys, the defense bar,
corrections officials, and other stakeholders are currently engaged in a concerted,
proactive effort to reduce the transmission of the disease in county correctional
institutions and surrounding communities through careful reduction of the institutions’
populations and other preventative measures.1 In light of Petitioners’ allegations that not
all judicial districts containing county correctional institutions have so responded, there
remains the potential of unnecessary overcrowding in these facilities which must be
addressed for the health and welfare of correctional staffs, inmates, medical
professionals, as well as the general public.
We emphasize, however, that the immediate release of specified categories of
incarcerated persons in every county correctional institution, as sought by Petitioners,
fails to take into account the potential danger of inmates to victims and the general
population, as well as the diversity of situations present within individual institutions and
communities, which vary dramatically in size and population density. Nevertheless, we
recognize that the public health authorities, including the Centers for Disease Control and
Prevention and the Pennsylvania Department of Health, continue to issue guidance on
best practices for correctional institutions specifically and congregate settings generally
to employ preventative measures, including social distancing, to control the spread of the
disease.
We DIRECT the President Judges of each judicial district to coordinate with
relevant county stakeholders to ensure that the county correctional institutions in their
1We further acknowledge the efforts of the Pennsylvania Department of Corrections and
others to address similar issues in the State Correctional Institutions.
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districts address the threat of COVID-19, applying the recommendations of public health
officials, including the CDC’s Interim Guidance on Management of Coronavirus Disease
2019 (COVID-19) in Correctional and Detention Facilities (Mar. 23, 2020).2 If utilization
of public health best practices is not feasible due to the population of the county
correctional institutions, President Judges should consult with relevant county
stakeholders to identify individuals and/or classes of incarcerated persons for potential
release or transfer to reduce the current and future populations of the institutions during
this health crisis with careful regard for the safety of victims and their communities in
general, with awareness of the statutory rights of victims, and with due consideration
given to public health concerns related to inmates who may have contracted COVID-19.
Moreover, consistent with these above considerations, President Judges are to undertake
efforts to limit the introduction of new inmates into the county prison system.
Additionally, the Application for Leave to Intervene, or in the Alternative,
Application for Leave to File Amicus Curiae Answer in Opposition to Petitioners’
Extraordinary Jurisdiction Application filed by Marsy’s Law for Pennsylvania, LLC and
Kelly Williams is DENIED as to the request to intervene and GRANTED as to the
application to file an amicus curiae answer in opposition.
Chief Justice Saylor files a Concurring Statement in which Justices Todd,
Dougherty and Mundy join.
2 The CDC’s Guidelines are available at https://www.cdc.gov/coronavirus/2019-
ncov/community/correction-detention/guidance-correctional-detention.html.
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