Habeas Corpus: A Civil Court Alternative for Immediate COVID-19 Inmate Release

DID YOU KNOW that a CIVIL COURT judge can Order the immediate release of a prisoner with increased vulnerability to death from COVID-19 at any time – even if the criminal court judge and the prosecutor oppose the release? Habeas corpus is a procedure brought in a civil court (not a criminal court) to ask a neutral judge to order the IMMEDIATE RELEASE of a prisoner for “illegal detainment”. The right to habeas corpus applies regardless of whether the prisoner has been convicted of a crime or has been denied affordable bail. In our opinion, a habeas corpus proceeding decided by a civil court judge is a better way to get an inmate IMMEDIATELY RELEASED, at any time, due to increased vulnerability to death from COVID-19 than a request to a criminal court judge.