By Danny Tenenbaum, Missoula, Claire Charlo, Polson, James Reavis, Helena
Please do not kill Montanans in prisons and jails
We are public defenders in Montana. Our job description say we represent people in court who can’t afford an attorney. In reality, we fight like hell to defend their constitutional rights and their human dignity. We meet our clients often in the worst moment of their lives, when the State has turned against them. Sometimes after family and friends have turned against them. Often we are the last people willing to stick up for them. That is our Constitutional duty, and we take it seriously.
Our clients who are currently sitting in prisons and jail are uniquely vulnerable to coronavirus. They are often elderly. They are often sick with heart or lung disease or struggling with diabetes—the exact conditions the CDC has highlighted for increased risk of death. Many are close to finishing their sentences.
The prisons and jails themselves are the worst possible place for a person to be during this pandemic. As Lewis and Clark County Sheriff Leo Dutton recently said, “Social distancing in a detention center just doesn’t happen.” On top of that, the facilities are often unsanitary and in need of maintenance. In the Montana State Prison, 17 inmates are now forced to share a bathroom normally split among 12, and that the showers are in disrepair.
Prison and jail staff are also at risk. Most are union members whose lives are now threatened because management is not budging from “business as usual.” Yellowstone County has already seen at least four reported cases of jail workers testing positive. Chief Justice McGrath of the Montana Supreme Court recently told judges that outbreaks in our prisons and jails are “only a matter of time.”
We are asking local elected officials to act. Sheriffs, judges, prosecutors, and county commissioners can work together to release people who are waiting for trial in jail because they cannot afford to pay their bond. We are asking the State to act. The Governor and Parole Board can use parole, clemency, and respite to expand release opportunities and expedite release decisions for incarcerated people.
This is not a partisan issue. This is an issue of basic human dignity. Missoula and Gallatin counties have begun using community supervision instead of jail to monitor people awaiting trial. The Trump administration, along with states like North Dakota and Arkansas announced plans to facilitate the release of elderly and at-risk prisoners to home confinement to slow the spread of COVID-19.
Our state is at the beginning of a long-term public health crisis. We need leadership who will take action for all Montanans. Our clients are not asking for special treatment. They are not asking for a handout. They are asking to stay alive.