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Debate Intensifies Over Protecting Inmates Amidst COVID-19

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As more Americans become infected by COVID-19 and the death toll soars in New York and beyond, it has intensified a debate about how to protect the jail population, including in Westchester County.

Recently, the Democratic candidates for Westchester district attorney, challenger Mimi Rocah and incumbent Anthony Scarpino, traded barbs about how to tackle the spread of the virus in county jails, which is also imperiling the corrections workers.

Rocah charged that Scarpino’s office needed to be “proactive, transparent and fast in their actions,” but cited his Mar. 31 online Town Hall when he failed to provide statistics or information about the individuals in custody who were candidates for release.

Instead, Scarpino dawdled and failed to stem the spread of the disease, she said. As of Apr. 10, the number of inmates that tested positive for COVID-19 rose to 33 with 94 corrections workers also infected.

“Despite these alarming rates, there has been no clear indication from the district attorney as to who, if anyone, has been released, when they were releases and what actions he is taking or what protocols he may or may not be following in making any future release determinations,” Rocah said in a release.

However, Scarpino’s campaign dismissed his challenger’s allegations. He pointed to a collaboration with the Legal Aid Society and private defense attorneys that had already been in the works when Rocah took her criticisms public.

Once Gov. Andrew Cuomo issued his first executive order as part of New York Pause, Scarpino initiated the process of evaluating ways by which the prison population at Westchester County Jail in Valhalla could be safely reduced.

By Apr.10, 33 individuals had been released and a week later there had been 79 inmates that had been allowed to leave the jail through a process that evaluated the safety of corrections employees, residents and the general public in the county.

It was decided to limit the review to any prisoner who was set to be released on or before June 26 with consideration given to any potential health issues, the nature of the offense and potential danger to the community.

On Apr. 16, there were 261 inmates at the county jail awaiting trial. Scarpino’s office mentioned that documented medical information was requested to consider whether a defendant be released on bail or on their own recognizance. This process is ongoing, according to the District Attorney’s office.

“As we continue to see the pandemic unfold, we are cognizant of our unique position to put the well-being of members of our community first, whether they be incarcerated or not,” Scarpino said in a statement. “With the release of dozens of prisoners, we believe we have weighed carefully the rights of those in jail versus the overall safety of the people of Westchester.”

 

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