Md. appeals court won’t release juveniles, says coronavirus order due ‘shortly’

Maryland’s highest court has rejected a request to release some non-violent juvenile offenders, whose lawyers say are at increased risk of contracting coronavirus.

The order says the chief judge reviewing the request in Maryland’s Court of Appeals will issue guidance “shortly” to address the COVID-19 threat to residents of juvenile facilities.

On Thursday, the Maryland Office of Public Defender had filed an emergency motion on behalf of four juvenile offenders, saying conditions are deteriorating within facilities because young people are essentially in solitary confinement in order to avoid contact with infected staff members.

As of Friday, the state’s department of juvenile services confirmed six cases of COVID-19 at its facilities.

In his initial briefing to the court, Public Defender Paul DeWolfe said while separating young people may prevent them from getting the novel coronavirus, “it will most likely exacerbate the extreme mental health risks that isolation possesses for children.”

In Friday evening’s order, the Maryland Appeals Court did not address the merits of argument, but said “the Court is cognizant that the Chief Judge will issue shortly an administrative order pursuant to the Maryland Constitution.”

The Friday evening ruling did not include specifics of what the upcoming order will contain, but instead: “[It] will provide direction and guidance to the Administrative Judges of the respective judicial circuits in connection with important health concerns affecting juveniles committed or detained in facilities in Maryland during the COVID-19 virus pandemic.”

Staff and youth at Maryland juvenile facilities have been instructed to wear masks in an attempt to prevent the spread of the coronavirus.

Neal Augenstein

Neal Augenstein has been a general assignment reporter with WTOP since 1997. He says he looks forward to coming to work every day, even though that means waking up at 3:30 a.m.

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