NORTHAMPTON — In light of the threat that COVID-19 presents to those in the criminal justice system, Northwestern District Attorney David E. Sullivan and his staff hope to reduce the risk faced by pretrial detainees who are being held in local correctional facilities by considering bail reductions for low-risk inmates.
As such, the District Attorney’s Office has commenced a review of all pending cases in Hampshire and Franklin counties in which the defendant is held on bail, with the goal of identifying individuals whose release would not endanger the lives and safety of the general public or pose a significant flight risk, according to a press release from the District Attorney’s Office.
Before the COVID-19 pandemic reached the Pioneer Valley, prosecutors with the District Attorney’s Office sought bail only in those few cases where it was deemed necessary to ensure the person’s appearance in court.
“Consequently, the number of criminal defendants held on bail in the Northwestern District is among the lowest in Massachusetts,” the release states.
When identifying pretrial detainees who may qualify for a bail reduction, the District Attorney’s Office is prioritizing: (1) defendants whose bail is $5,000 cash or less, which covers the vast majority of non-violent crimes and misdemeanors; (2) persons 60 years of age or older, who may be at higher risk of illness; and (3) persons whose health or immune systems are compromised. According to the release, prosecutors have already identified several detainees who meet one or more of these criteria, and have begun discussing their cases with their defense attorneys.
In addition to conducting this internal review, staff at the District Attorney’s Office are encouraging defense attorneys to contact them with requests to review specific cases, even if they do not meet the outlined criteria.
However, according to the release, the District Attorney’s Office is not inclined to revisit the detention status of defendants who were deemed too dangerous to release or whose bail has been revoked based on their commission of a new offense while already out on bail or pretrial release.
“Although cognizant of the dangers posed by the current health crisis, prosecutors must also be mindful of the dangers that these individuals would pose to victims and the public were they to be released,” the release reads. “We are advocating for release of low-risk, non-violent inmates where appropriate, through the Department of Correction, our local sheriffs and the Parole Board.”