Manhattan District Attorney Cyrus R. Vance, Jr., and Brooklyn District Attorney Eric Gonzalez took the unusual step of announcing together that they will no longer request that bail be set in most misdemeanor and violation cases.
Both prosecutors noted bail has a disproportionate impact on low income people of color, who are more likely to be sent to jail while awaiting trial because they can't afford even a few hundred dollars for bail or a bond. Going to jail can affect their ability to hold down a job and take care of their children.
"The goal is to continue to reduce the inequality or the appearance of inequality in our justice system, and at the same time responsibly reduce the number of pretrial detainees so we can work toward the prompt closing of Rikers Island," said Vance.
The announcement was made a week after Gov. Andrew Cuomo proposed doing away with bail for most misdemeanors and non-violent felonies.
Offenses for which Manhattan prosecutors will stop asking for bail, starting January 9, include what Vance called "bread and butter misdemeanor crimes."
"It could be breaking a store window, it could be stealing from a store," he explained. "Marijuana possession, minor drug possession, trespass cases."
However, he said public safety is paramount. Prosecutors will still have the ability to ask for bail when appropriate, such as misdemeanor domestic violence cases, sex crimes, child abuse charges and other assaults. Bail would also be requested for those with previous felony convictions. Assistant district attorneys will be given guidelines.
Vance said his office consulted with Brooklyn District Attorney Eric Gonzalez's office, which quietly began using a very similar policy in April of 2017. Brooklyn prosecutors presume they will not ask for bail unless they want to see a defendant sentenced to jail for more than 30 days, there's a charge of violence or there's a flight risk.
Gonzalez told WNYC he wanted to see how well this policy was working before going public. Now, almost nine months later, he said, he's pleased.
"We're not jeopardizing public safety," he said, adding "the results are positive."
Gonzalez said nine out of ten people in Brooklyn arrested on misdemeanors since the policy took effect are leaving court without having bail set. He said that's an increase from the previous rate of about 70 percent.
In Manhattan, Vance said he expected the policy could affect about 1700 cases a year for which prosecutors would normally request bail.
Public defenders welcomed the news, but said Albany now needs to go further by making similar policies for the rest of the state. "Money bail should not be used in any misdemeanor and non-violent felony cases, and alternatives to bail should be expanded,” said Tina Luongo, attorney-in-charge of the criminal defense practice at The Legal Aid Society. “Closing Rikers Island, reducing mass incarceration and saving lives will require more than long overdue, piecemeal changes."
The population on Rikers has fallen below 9000, its lowest level in decades. Nonetheless, Gonzalez said "we're looking at situations where 75 percent of people held on Rikers have not been convicted of a crime and are being held on bail, and so we're looking at ways to make sure that the people on Rikers need to be on Rikers because they're a threat."
A 2014 court report found 85 percent of city defendants with bail set at $1,000 or less could not come up with the money and were held in jail.