SPRINGFIELD — Mayor Domenic J. Sarno announced this week that legislation he supports, which would allow prosecutors to appeal bail amounts they believe are too low, has been refiled by state Rep. Angelo J. Puppolo Jr.
The bill, first filed by Puppolo in 2015 and refiled in 2017 on behalf of Sarno, is submitted for its third consideration.
Local supporters have included Hampden District Attorney Anthony Gulluni. It has been opposed by the Hampden County Bar Association.
Sarno praised Puppolo and Gulluni for renewing the push for passage.
“A hard line has to be taken on these repeat violent offenders; the gangbangers, gun offenders and drug dealers that continue to victimize Springfield residents, businesses and police officers,” Sarno said in a statement. “Our brave men and women in blue put their lives on the line day in and day out just to have these negative individuals released. It has to STOP!”
Supporters of the bill say that defense lawyers can appeal bails set by district court judges to superior court, but prosecutors cannot. Sarno in recent years has repeatedly cited cases in which he says judges have released violent criminals on low bail, endangering the public.
The bar association, in a 2015 statement, said Sarno was “misguided” in placing blame for Springfield’s violent crime issues on trial judges and the perception of low bail. The association said higher bails discriminate against lower-income defendants.
Puppolo said Thursday that the impetus behind the bill “is putting another tool in the prosecutors' tool box in order to fight a low bail.”
“The key is to keep habitual offenders off the street; at least make it a little more difficult,” Puppolo said.
While the bill has not been successful in the past two filings, Puppolo said he “believes we have picked up some momentum with the Governor’s office,” which has filed separate legislation on dealing with dangerous defendants. Baker’s bill, first submitted in September and refiled this week, would broaden the circumstances under which a judge can hold a “dangerousness” hearing and incarcerate someone before trial.
Currently, when bail is levied in district court, offenders have the right to appeal to a judge in superior court and then to a single justice of the Massachusetts Supreme Judicial Court, Sarno said.
“It is important to note under this proposed legislation an appeal by the Commonwealth must occur by the close of the following business day as to not draw out the process,” Sarno said. “These proposed changes were initiated after an alarming trend of repeat violent offenders returning to the streets after having to meet and comply with little or any bail after arraignment became apparent.”
Sarno called it “a common occurrence for offenders to be back out on the streets after being arrested multiple times by the Springfield Police Department and other police departments across Massachusetts.”
Gulluni said the bill provides some recourse for prosecutors.
“Aggressively prosecuting violent offenders is paramount to keep our streets safe and foster a positive quality of life for residents throughout our neighborhoods in Hampden County,” Gulluni said. “The proposed legislation would provide recourse in circumstances where bail levied against violent offenders may not be sufficient.”