York County holds emergency hearings, jail inmates drop 25 percent amid coronavirus
York County has dropped its jail population by about 25 percent in two weeks during the global coronavirus pandemic by holding emergency court hearings for inmates.
The jail population, which York County Sheriff Kevin Tolson said can be as high as 450 or more on any given day, is now close to 325 after almost two weeks of jail case hearings.
York County has had four confirmed cases of coronavirus. No York County inmates, or jail or court workers, had tested positive as of Monday, officials said. Yet the concern over how fast the virus could spread among the confined jail population and the contingent of detention center workers has pushed court officials to hold the emergency hearings, officials said.
There have been positive Covid-19 cases in jails and prisons in New York, California, and other states.
“Each case is still handled on an individual basis, with complete judicial review by prosecutors, defense lawyers, and a judge,” said Kevin Brackett, 16th Circuit Solicitor. “This strikes a balance between a need to hear cases of people who are in the jail, with the safety of the public if any of those persons is released.
“And the public needs to rest assured that safety of the community remains the highest priority. My office will continue to seek to have dangerous persons remain in jail.”
After South Carolina stopped jury trials and most other court hearings in all counties because of Covid-19 more than a week ago, York County Circuit Court Judge Dan Hall worked with prosecutors, law enforcement and defense lawyers to start handling pending jail cases.
Prosecutors, public defenders and private lawyers said they went through jail cases to determine what could be handled quickly and expediently.
Some cases have ended with guilty pleas, and sentences ranging from time served to probation to prison time, said B.J. Barrowclough, 16th Circuit Public Defender. Other cases have been continued with the inmate either denied bond and sent back to jail, or released pending a future hearing.
“With Judge Hall’s leadership, we have cooperatively handled many cases while still protecting the rights of the accused,” Barrowclough said. “This has not affected public safety. The process inside the courtroom, the hearing, is the same as any other time. What’s different is we are just hearing jail cases right now. It is extremely important as the number of coronavirus cases rises in our county and state to keep the jail population as low as possible to protect the safety and health of inmates and the jail staff.”
Tolson said the process has worked in the past two weeks because it is prudent to keep the jail population manageable, and at the same time keep defendants incarcerated if they are judged to be threats. The sheriff’s office operates the jail.
“Victims and the community will still receive the same commitment to justice and their rights,” Tolson said.
The emergency hearings continued Monday and remain on the schedule until the jail cases are heard.
Private lawyers agreed the emergency hearings have worked. Rock Hill defense attorney Gary Lemel, a former prosecutor, hailed Judge Hall’s leadership in holding the emergency hearings, and all sides of the legal system in understanding the need for expediency.
“These hearings are even-handed and judicious,” Lemel said. “Each case is heard on its own merits. Public safety, in no way, is being compromised.”
Montrio Belton, a private defense lawyer, said prosecutors, defense lawyers and Judge Hall have worked with a sense of urgency that protects the rights of all involved yet takes into account the coronavirus concerns for jail inmates and staff.
“There has been an incredible amount of cooperation, collegiality, and professionalism to get these cases to court and heard quickly and properly,” Belton said.
This story was originally published March 23, 2020 at 2:46 PM.
