Low-risk county jail inmates will be released from prison starting early Tuesday under an order from the New Jersey Supreme Court in response to concerns over the spread of the coronavirus in those facilities.

The order—the result, reached Sunday night, of mediation among prosecutors and the public defender—will suspend or commute county jail sentences for low-risk inmates. Such sentences are currently being served either as a condition of probation for an indictable offense or because of a municipal court conviction, according to the announcement on Monday from Chief Justice Stuart Rabner.

The order would impact only those charged with third- or fourth-degree crimes or disorderly persons offenses. It does not affect state prison sentences, said Rabner.

It directs their release no later than 6 a.m. Tuesday. The affected inmates will have their sentences suspended or commuted at that time. Other inmates serving a county jail sentence will be released by no later than noon Thursday, March 26, the announcement said.

The state attorney general and county prosecutors may file an objection to any release they deem inappropriate, according to the order. In those cases, judges or special masters will hold a hearing to determine if the release would pose a significant risk to the safety of the inmate or the public.

According to Monday's announcement by Rabner, the Supreme Court on Friday relaxed the rules of the court to accept a petition from the Office of the Public Defender in response to concerns over COVID-19's spread in county jails.

The court then ordered mediation, overseen by retired Presiding Appellate Judge Philip S. Carchman, between the Office of the Attorney General, the Office of the Public Defender, the County Prosecutors Association of New Jersey, and others to reach the terms of the order.

ACLU-New Jersey, which sought the action along with the Office of the Public Defender, estimated up to 1,000 inmates will be released.

"This is truly a landmark agreement, and one that should be held up for all states dealing with the current public health crisis," said ACLU-NJ Executive Director Amol Singha in a statement. "It shows the strength of New Jersey – that when a crisis hits, we can work together to weather through with justice and humanity. We also hope that the principles guiding this agreement – compassion, dignity, looking out for all people's well-being – will play a larger role in criminal justice once this crisis abates."

Rabner said at the conclusion of the coronavirus public health emergency, those released from jail will appear before the court to determine whether their custodial sentences should be reinstated or commuted. No-contact orders, driver's license suspensions and other conditions will remain in force, the announcement said.

Matthew Adams, a partner at Fox Rothschild in Morristown and co-chairman of its white-collar criminal defense and regulatory compliance practice, lauded the court's move.

"This unprecedented move from the New Jersey Supreme Court highlights the humanitarian crisis that the COVID-19 public health emergency threatens for the often overlooked population of our state's jails and prisons," Adams said. "This emergency requires bold and decisive action.  Our constitution protects individuals from cruel and unusual punishment, and requiring continued service of a county jail sentence for a relatively minor offense in the face of what appears to be the inevitable widespread extension of this crisis into our county jails would constitute just that."

"The stakeholders from the Office of the Attorney  General, County Prosecutors Association, and defense bar should be commended for their expedient handling of this matter, along with the Supreme Court for relaxing the Court Rules and raising this matter on its own motion to allow for immediate direct review by the state's highest court," Adams said.

New Jersey follows similar moves in other states, including California and Pennsylvania, meant to protect jails from becoming breeding grounds for the novel coronavirus. Last week Los Angeles announced it would be releasing low-level inmates as well as consider reducing bail for thousands of nonviolent offenders.

On Friday, March 20, Pittsburgh released 200 inmates from Allegheny County Jail.