Westmoreland jail inmates asking court for release over coronavirus fears; Allegheny has released nearly 1,000

The population at the Westmoreland County Prison has dropped 22% since March 1 as inmates seek release to protect themselves should the coronavirus get inside the jail.

Warden John Walton said officials there have identified 67 inmates between ages 22 and 80 who have chronic medical conditions that could make them more susceptible to the virus. Jail officials are working with their attorneys to see if the inmates might be eligible for release.

“We’ve just begun working on that list,” Walton said.

The jail population on March 1 was 613 inmates. This week, there were fewer than 480 people housed there.

The reduction in population and fewer new commitments has allowed officials to clear out two of 14 units, Walton said. One of those units is being used to house new inmates for a 14 days before being released into general population. The other space is designated for any inmates who have symptoms.

“We don’t have anybody in that unit right now, which is a good thing,” he said. “The inmates that have been here, the only way they’re going to get it is if somebody brings it in to them.”

Meanwhile, private lawyers and public defenders have been examining their caseloads to see if they have any incarcerated clients who might qualify for release. That review has been underway for weeks, Chief Public Defender Wayne McGrew said.

“We’ve been doing this work from day one, trying to see who is eligible to get out,” he said.

A streamlined process for filing motions in Westmoreland County was issued last week by the criminal court judges to outline steps attorneys should take to notify the district attorney’s office and judge. The county’s four criminal court judges are working on a rotating basis to hear motions, said court administrator Amy DeMatt.

Defendants can appear by video from the Hempfield jail. It was unclear how many inmates have been released as a result of requests by attorneys since the coronavirus pandemic started. There have not been any reported cases of the coronavirus at the jail.

Outcomes on such requests have been a mixed bag during the last couple days.

On Wednesday, a Lower Burrell man being held on $50,000 bail for allegedly violating Megan’s Law requirements for sex offenders was denied an opportunity to get out of jail after his attorney argued he was a low-level offender. A day earlier, a Greensburg man whose tentative plea bargain called for his release in early May on nonviolent charges was ordered to be released, according to court filings.

Assistant District Attorney James Lazar argued against the requested release of two other men — one from Jeannette and one from Pittsburgh — who are being held on drug offenses. In both instances, Lazar said in court filings that the men have significant criminal history and neither showed they are at a high risk of contracting the coronavirus.

District Attorney John Peck said attorneys are weighing factors when deciding to consent to or oppose motions from defense attorneys. Those include the seriousness of the crime the defendant is accused of committing, how any victims feel about a potential release and if the inmate has a place to live. He estimated that his office has received about 80 such requests.

“We usually file a response to set forth reasons to agree or disagree,” he said.

Criminal court judges are also weighing age and other issues when deciding if an inmate should be released, DeMatt said. Some of those factors include if inmates:

• are low-level offenders.

• have served the majority of a recommended sentence as part of a negotiated plea agreement, regardless of if they have actually pleaded guilty to a crime or been sentenced.

• have a diagnosed high-risk medical condition, such as cancer, diabetes or hepatitis.

McGrew said public defenders have been working with assistant district attorneys to get tentative plea agreements in place.

“The courts have been very receptive to hearing the argument and doing what can be done,” he said.

A few other hearings are scheduled during the coming days. Walton said many inmates who have gotten out over the last several weeks have gone straight to substance abuse rehabilitation centers. Others are seeing bench warrants lifted for offenses that aren’t serious. He did not have specific figures.

Westmoreland jail officials said last month there were no plans to release inmates like other counties.

The jail has eliminated in-person visitation and employees’ temperatures are being checked daily. Video visitation and phone calls are still permitted. They aren’t accepting inmate transfers from other counties until later this month. Court hearings largely are being rescheduled.

Visits to the Allegheny County Jail have been restricted since early last month. From March 16 through Wednesday, officials had released 979 inmates from the Pittsburgh jail in an effort to slow the spread of coronavirus.

The first positive covid-19 case at the Uptown jail was reported April 8. Three more inmates and one guard have since tested positive, with eight tests pending, according to Allegheny County.