Statement Regarding Decarceration Amid COVID-19 Crisis

BOSTON, March 19, 2020 — In these uncertain times, where the landscape is changing minute by minute, District Attorney Rollins is working to make sure that individuals held in custody who are vulnerable because of their health, age, socio-economic status, or circumstances, but pose no meaningful risk to public safety are released from custody.  There will be circumstances where the risk to public safety outweighs any justification for release.  However, we are committed to working with the criminal defense bar in identifying those individuals whose release we deem urgent and necessary for public health reasons. 

While Americans across the country are being encouraged to self-isolate, members of our incarcerated population are, by definition, doing the exact opposite with no alternative options.  We need to seriously consider pathways to prevent the spread of COVID-19 for our incarcerated populations, the overwhelming majority of which will return to our communities at some point in the future. 

With respect to any new offenses, our presumption remains that there is no bail requested.  People charged prior to trial will continue to hold the presumption of release on personal recognizance.  Now more than ever, if we are going to ask the Court to detain someone pre-trial on a cash bail, we will do so only after critically weighing any public health risk against our legitimate concerns for public safety.

Supervisors in every court are actively reviewing any requests for release.  And, a point person from the leadership of our Municipal, District and Superior Courts is proactively reviewing cases of incarcerated individuals and serving as a secondary source of review for any individual seeking release. 

This Office is committed to what every resident of Suffolk County deserves, a safe and healthy community.  We will continue to work in partnership with the criminal defense bar on these critically important matters.

Suffolk County District Attorney Rachael Rollins’ office serves the communities of Boston, Chelsea, Revere, and Winthrop, Mass. The office handles over 25,000 cases a year. More than 160 attorneys in the office practice in nine district and municipal courts, Suffolk Superior Court, the Massachusetts Appeals Court, the Supreme Judicial Court, and the Boston Juvenile Courts. The office employs some 300 people and offers a wide range of services and programs to serve anyone who comes in contact with the criminal justice system. This office is committed to educating the public about the services we provide, our commitment to crime prevention, and our dedication to keeping the residents of Suffolk County safe.