Dozens of county jail inmates released due to COVID-19 fears

Apr. 15--STOCKTON -- San Joaquin County Sheriff Pat Withrow is not happy with a recent court order that allowed as many as 70 inmates at the San Joaquin County Jail to go free this week.

The San Joaquin County Superior Court ordered the Sheriff's Office to implement "Emergency Rule 4" by 5 p.m. Monday, in an effort to prevent the spread of COVID-19 in the jail system.

The rule, which was approved by the state's Judicial Council on April 6 and will be implemented at all jails in California, reduced bail to $0 for inmates arrested for misdemeanors and low-level felonies.

Withrow told the San Joaquin County Board of Supervisors on Tuesday that his department spent the last week reviewing more than 900 cases to determine which inmates meet the criteria for release.

There were 1,230 men and women being held at the jail on Monday, and Withrow said "Emergency Rule 4" affected roughly two-thirds of the facility's population.

While between 65 and 70 inmates were released Monday night, Withrow said another 100 cases still need to be reviewed for eligibility. That might allow for another 10 inmates to be released.

"I've said before that I don't think this was something we needed to do here in San Joaquin County," he said. "We didn't have any cases of COVID-19 in the jail, and it was our feeling that our inmates were safer in the jail, where we have our own medical facility, they have three meals a day and they are social distancing for a great majority of the time."

Inmates who were released signed a "Promise to Appear" with a new court date to be scheduled in the next 90 to 120 days.

Inmates ineligible for the reduced bail who remain in custody at the jail include those charged with violent felonies such as murder, attempted murder, manslaughter, rape, child molestation, and kidnapping, among others; violating restraining orders; intimidating witnesses; spousal rape; domestic battery; and corporal injury to a spouse or child.

Other crimes not eligible for inmate release include making criminal threats; harassment; sex offenses; burglary during a local emergency or state of emergency; DUIs; and being a felon in possession of a firearm.

Withrow said the ruling from the courts places both the public and inmates still incarcerated at the jail at risk for exposure.

Releasing mentally ill or homeless individuals back into the community without proper planning and services may cause some to be unable or unwilling to comply with the stay-at-home order, he said.

In addition, some of the released individuals could either violate their terms of release or commit new crimes, only to end up back at the jail with possible exposure to coronavirus, he said.

"Now, we're forcing inmates out of jail because of a blanket order," Withrow said. "When you issue a blanket order instead of looking at individual cases, it typically doesn't go well."

In a media statement released Monday, the San Joaquin County District Attorney's Office said it has had limited opportunity to notify victims of crime and has concerns about public safety since learning of the Zero Bail schedule.

Victims or witnesses worried about the release of a particular inmate are encouraged to visit www.sjgov.org/sheriff/whosincustody.html and see if they are still in custody. When checking an inmate's status, you can enter your information if you wish to be notified of their pending release date.

If you cannot navigate the system or have other questions regarding inmate release as a result of

"Emergency Rule 4," contact the District Attorney's Officebetween 8 a.m. and 4:30 p.m. at 209-468-2400.

In an email response to the News-Sentinel, District Attorney Tori Verber Salazar said her department shared the concerns voiced by Withrow, and applauded his efforts to keep the jail free of coronavirus.

"Although we understand the Judicial Council's desire to reduce incarceration rates during the pandemic, we should consider all aspects of zero bail: First, placement of inmates upon release; second, notification to victims of release in a timely manner; and third, the likelihood of recidivism, re-arrest, and possible introduction of the virus into the jail," she said. "The district attorney's office will continue to prioritize public safety, the safety of victims and the citizens of San Joaquin County with the court's recent adoption of the modified bail schedule."

To view the entire "Emergency Rule 4" and a list of exemptions, visit www.tinyurl.com/ZeroBail.

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