Westchester County prosecutors will stop requesting bail for most misdemeanor cases in order to end unnecessary incarceration for those that are financially poor.
On Jan. 22, Westchester County District Attorney Anthony Scarpino Jr. announced that the county would end the practice, which is already in effect, because it’s “outdated” and “discriminatory” to those that don’t have the financial means to post bail.
“No one should languish in jail for a minor offense because of his or her inability to post bail,” Scarpino said in a release. “In most cases, these defendants are not dangerous and have not even been found guilty of a crime. It is unjust and a tremendous waste of taxpayer dollars.”
According to the DA’s office, the new policy will prevent prosecutors from requesting bail from defendants that have committed non-violent misdemeanors. It will not, however, prevent county prosecutors from seeking bail in cases involving a victim, cases in which the defendant injures a first responder or resists arrest, and cases in which the individual has had prior felony convictions.
Additionally, prosecutors can seek bail in cases where the defendant is on parole or probation, or if the individual has a history of warrants or prior bail jumping charges.
Scarpino’s new guidelines were praised by Gov. Andrew Cuomo, a Democrat, who said the policy change is “another step forward in our efforts to build a fairer and more equal criminal justice system.”
