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Early Release From Covid-19 Health Risk Incarceration

Early Release From Covid-19 Health Risk Incarceration

June 6, 2020

The global spread of infection of COVID-19 has affected almost every aspects of everyone’s everyday lives with social distancing and quarantining measures put in place in the name of safety for the country’s residents. The goal is to limit contact and therefore exposure to the virus while we anxiously await a vaccination or a cure.

However, when speaking about how COVID-19 affects everyone’s lives, that includes those incarcerated. Actually, the potential dangers of spread and the limited capacity for containment, leaves those incarcerated especially vulnerable to the effects of COVID-19. While people stand six feet apart, wearing face masks, at gatherings of no more than 10 people, those incarcerated are forced to share prison cells with three or more others in a space often no greater than 70 square feet. Not to mention, there are often not the supplies or staff required to maintain the basic level of hygiene that the CDC recommends for preventing COVID-19 in shared spaces such as showers and eating areas.

Nationally, as of May 27 th , 2020, at least 34,584 people in prison tested positive for COVID-19 (a 18% increase from the week before) and there are currently 455 deaths. New York State, although low nationally, with 503 incarcerated people testing positive for COVID-19, still poses a huge risk for those more susceptible to the virus. COVID-19 has made its way in prisons and there is no current way for prisoners to be able to social distance themselves. 1276 prison staff in New York State have also tested positive for COVID-19. We see this as a danger, other states see this as a danger, and even Governor Cuomo acknowledges the danger.

So what can you do? Currently, Governor Cuomo has released a small number of prisoners on the basis of habeas corpus to have an early release due to COVID-19. Currently, the majority of those that have been released have been aged 55 years old or over, have a medically provable pre-existing condition that puts you more at risk of COVID-19, and have 90 days or less to serve of your sentence. Additionally, those who have committed a violent felony or sex crime will not be eligible.

Current CDC list of pre-existing conditions making one at higher risk of dying due to COVID-19
immunocompromised (can be as a result of)
cancer treatment
bone marrow or organ transplantation
immune deficiencies
prolonged use of corticosteroids
moderate to severe asthma
liver disease
chronic lung disease
serious heart conditions
severe obesity (BMI of 40 or higher)
people with chronic kidney disease undergoing dialysis.
The Trbovich Law Firm want to help. If the type of person described above sounds like you or a loved one who is currently incarcerated, reach out to us, and we will do everything in our power to help try and get you the early release you deserve. We do not believe your prison sentence should end up as a death sentence and we will try and make the courts agree with us too.

Give us a call for a free consultation, (716)222-2222, serving all of New York State.

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