Judicial Court Order mandates negative COVID-19 test before release to Community Corrections
MARSHALL COUNTY - The Marshall County Judges; Circuit Court Judge Curtis
D. Palmer, Superior Court No. 1 Judge Robert O. bowen, and Superior Court No. 2
Judge Dean a. Colvin; issued an order effective Monday that requires all incarcerated individuals being released from the Marshall County
Jail to Marshall County Community Corrections (MCCC) to test negative for COVID- 19 before being physically released from the facility.
The courts found that: inmates at the Marshall County Jail have tested positive for COVID-19, that Marshall County is designated a “red county”, and that releasing individuals from
the Marshall County Jail to the care of MCCC imposes a signifiant health risk to the employees of MCCC.
The order was filed in open court on Monday, Jan. 4 and will remain in effect until further notice.
The order was sent to the Marshall County Jail for immediate compliance.
Once sentenced to supervision under MCCC; time served will begin in the jail until which time they are COVID negative.
One hundred and twenty-two positive cases of COVID-19 among inmates was reported as a result of a visit to the jail last week by the Indiana State Department of Health Strike Team.
Director Byers sought judicial intervention on behalf of the safety of his staff and the community. “The jail has released inmates COVID positive. With the influx of COVID and the lack of really any communication or policies on it; I felt it was necessary to get the assistance of the court. The judges did do that. So no one will come out to us until they test negative.”
Individuals who post bond or have served their time must be released regardless of a test result; but those individuals being released to serve out their sentence with MCCC must test negative before being released from the facility physically. Director Byers stated, “You have that roughly 55 inmates that tested negative; those individuals who tested negative then; could be testing positive today.”
Noting the need for effective communication; Director Byers said that the steps he took were necessary. “We had to take those steps because there was no real communication and no plan in place as far as any collaboration with the jail or with the Sheriff. So the order seemed to be the next best step; not only to protect my staff; but those in this building and the public.”
Director Byers is also working with Chief Probation Officer James Bendy on safety protocols for release to that department.