Prisoners could be sent home, authorities say

Published Thursday, April 23, 2020

Prisoners could be sent home, authorities say

By the A.M. Costa Rica staff

Following an order issued by the Atlantic Zone Penalty Enforcement Court, the National Institute of Criminology issued guidelines so that prisoners who present at risk factors susceptible to covid-19 could be sent home temporarily for three months, as long as the health emergency for covid-19 persists.

According to Fiorella Salazar-Rojas, the minister of Justice said these orders will be made “under obligation to comply with the court order, so these extraordinary evaluations (of prisoners) will be carried out through a technical process based on medical criteria and taking into account a series of factors that analyze the process of care of the prisoner from the moment he entered the jail, to determine that the transfer to a semi-institutional regime (referring to being at home) does not represent a risk for the person himself, for the victims or society."

According to the ministry, before sending prisoners to their homes, medical and criminal evaluations will be taken and placed into consideration for their temporary release.

The court ordered the examinations of the prisoners, said the ministry. Orders to send the eligible prisoners home have not been made.

According to the Ministry this process of releasing inmates has two stages.

Stage one evaluates the prisoner. Prisoners will be evaluated based on a set of guidelines ordered by the Limon Province Court. Authorities must first analyze prisoners whose health condition is within the risk range described by the Ministry of Health. The analysis will take into consideration short sentences and those complying with their sanction. Another key factor for temporary release is whether or not the eligible prisoner is a risk for third parties.

According to the ministry, inmates could be sent home for cases of chronic kidney failure, heart disease, multiple sclerosis, autoimmune diseases, immunosuppressed patients (such as those infected with AIDS), chronic obstructive pulmonary disease, bronchial asthma with frequent crises, cancer patients, people over 65, pregnant women, women with children in prison, hypertension, diabetes and morbid obesity.

It is also crucial for those eligible for temporary release that they have a place to stay so the prison won’t be releasing them into the streets.

Another factor taken into account is the type of crime committed by the inmate, and the analyzing what professionals such as psychologists, lawyers, among others reported.

In the second stage, a list of eligible prisoners who meet all the criteria for temporary release will be sent to the National Institute of Criminology, where they will have final say after their own analysis for approval or rejection.

According to the ministry, released prisoners must stay in their homes for three months. After that period, authorities will re-evaluate the current situation of the health emergency in the country.

According to Salazar, prisoners released are those who represent the least amount of risk for committing a new crime.

There are currently no confirmed cases of prisoners infected with covid-19. However, on Sunday the ministry confirmed a case of a prison police officer infected with the virus at the Reinaldo Villalobos jail in Alajuela Province. He received the mandatory quarantine order to stay in isolation at his home.

------------------------
Have you heard about the release of prisoners due to covid-19 in your country? We would like to know your thoughts on this story. Send your comments to news@amcostarica.com