Search Site
Menu
IBC Centre, 130 East Travis Street, Suite #425 | San Antonio, TX 78205
CALL FOR CONSULTATION 210-598-8629

How Bail Decisions Are Being Affected By COVID-19

U.S. prisons are the world’s most crowded, housing people in close contact with each other 24 hours a day. Combine that closeness with the already limited availability of health care in correctional facilities and it’s no surprise that jails and prisons have become hotbeds for coronavirus.

The federal Bureau of Prisons (BOP) and prison administrators in every state, including Texas, have been making decisions about how to handle the inmate population in response to the COVID-19 pandemic. Responses have taken the form of moving prisoners to less-infected facilities, releasing older inmates who are more vulnerable to the virus and other measure to lessen crowding.

Keeping people out of jail during this pandemic is critical, as shown by the numbers in the federal system. As of June 26, the BOP reported that 1,263 people in custody were considered active COVID-19 cases, along with 133 staff members, according to the Brennan Center for Justice. Another 5,116 incarcerated people and 574 staffers contracted the disease and have since recovered. 89 inmates and one staff member have died of the virus.

With respect to the federal prison system, several judges and even U.S. Attorney General William Barr have issued orders and communications addressing bail and prisoner release as it relates to the virus:

  • On April 6, Mr. Barr sent a memo to federal prosecutors urging them to consider COVID-19 risks when making bail decisions.
  • On May 12, a Connecticut federal judge ordered federal prisons in that state to speed up the release of at-risk prisoners, finding that failure to do so amounted to cruel and unusual punishment under the Eighth Amendment.
  • On May 26, the U.S. Supreme Court upheld an Ohio federal judge’s order to move prisoners out of Elkton prison in Ohio, where nine inmates had died.

Several states have responded to the prison coronavirus crisis as well:

  • Texas, unfortunately, responded by issuing an executive order making bail harder to obtain and limiting who can be released from jail/prison due to COVID-19.
  • California set bail at zero for many misdemeanors and even some felony offenses in order to keep people out of jails.
  • Rhode Island’s corrections department is tracking people being held on low bail amounts and submitting the lists to the attorney general’s office in an attempt to secure their release.
  • Michigan’s governor ordered the release of inmates who were elderly, ill, pregnant, near their scheduled release date or incarcerated for a traffic violation.

At the Law Offices of Kevin Collins in San Antonio, our legal staff is monitoring the COVID-19 situation closely as it relates to bail and releases from custody. If you or someone you love needs an experienced and dedicated Texas criminal defense lawyer, please call 210-598-8629 or contact me online for a consultation.

COVID-19 Notice
We are here to help and support you through these generally challenging times with your specific legal issues. You will be able to reach me or my staff through our main telephone numbers, and of course by email: [email protected]. Phone conferences for existing and potential clients are available, as is the video conference feature through the Zoom app. Zoom may present some privacy challenges so phone conferences are preferred. Please take care of your health by following the measures recommended by the CDC, and by state and local authorities.
Firm Recognition
  • Super Lawyers
    Best Law Firms 2021
  • Three Best Rated
  • ThreeBest Rated
Client Reviews
  • google
    5.0/5.0

    Bexar County is a very challenging and difficult judicial system to work with. The prosecutors struggle with staffing shortages and the judges are overloaded with cases. This makes it very difficult to do anything with a case in a timely manner. Mr. ...

    Read more

    Andy Mullen

  • google
    5.0/5.0

    I truly appreciate that Mr. Collins was straight forward and kept me informed every step of the way. He was willing to go the extra mile to help build a strong case, but kept me level headed throughout the process. He was open with the fact that the ...

    Read more

    Brie Wrinkle

  • google
    5.0/5.0

    Words cannot truly describe how amazing this attorney is . Great sense of professionalism and work ethic to say the least . Not only that he understands the law inside and out, and will put you first . Would highly advise to choose him as your attorn...

    Read more

    Gustavo Gomez

  • google
    5.0/5.0

    Kevin Collins represented me in a D.V. case. Dismissal. His preparation and intellect are remarkable. He's a league above his peers and competion. Follow his instructions and heed his advice. Not many people are built for this type of work. Kevin Col...

    Read more

    Warren B.

  • google
    5.0/5.0

    Kevin Collins is by far the best man for the job. Almost immediately as I talk to him on the phon I felt calm and reassuring. He started the process and handled it, very efficient and got the job done. He also responds to my calls very quickly and ke...

    Read more

    Aretha Jones

See all reviews
Case Results
State of Texas v. J.T. Furnishing Alcohol to a minor dismissed after start of trial despite death caused by accident
View All
Videos
Contact us

Quick Contact Form