Seventeen inmates from Erie County jails are out early in an effort to combat the spread of coronavirus in those facilities. 

"Everyone in the building I'm concerned about so obviously I want to balance the public health needs of the individuals who are in there but I've also got to balance the societal needs of not letting violent people out of jail," said Erie County District Attorney John Flynn, D.

There are two groups of prisoners held in Erie County jail facilities: Those being detained pre-trial and those who have already been convicted but are sentenced to a year or less. Flynn said for the past three weeks he's been actively trying to limit the amount of inmates from the first group.

"We've got it down to, I think that the only people who are left in our holding center on bail pre-trial are those who have been alleged to commit serious violent felony offenses," he said.

Last week, Flynn turned his focus to the second group, requesting a list of all the convicted inmates with 45 days or less on their sentences. It was approximately 60 people.

"I scrubbed that list to weed out anyone who was there on a violent offense, an assault, a domestic violence case, whatever it may be. I crossed them out and I was left with 17 individuals who had 45 days or less who were convicted of a low-level, non-violent offense," he said.

Flynn said he then reached out to Legal Aid and told the organization of it made a motion for those inmates’ early release, he would consent.

Monday, a judge granted the order. The DA said he thought hard before setting it in motion.

"What if one of the 17 I let out yesterday goes out now and gets behind the wheel tonight? He's all happy he got out of jail. He goes home. He drinks. He wants to go to the store now to pick up a pack of cigarettes and he hits someone and kills them," Flynn said. "Yeah, that obviously concerns me."

He said the bigger concern right now is the health of not just the inmate population, but sheriff's deputies, maintenance staff, medical professionals, and all the other people who are regularly in the facilities.

"They're getting out anyway so obviously there's a risk there and I'm concerned about that but that's why they pay me the big bucks I guess," Flynn said.

The Albany County District Attorney's office said it’s taking similar steps and eight people have been released from those local jails.