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Prosecutors are considering their role in the bail reform movement.

Prosecutors play an outsize role in bail decisions, with their monetary recommendations often anchoring court discussions. But money bail too often leads to the pretrial detention of poor people who present little or no risk to public safety, and reform-minded prosecutors are working to change that. As a recent briefing paper by the Institute for Innovation in Prosecution entitled Prosecutors and Bail: Using Discretion to Build a More Equitable and Effective System notes, “prosecutors can use their discretion to devise and implement policies that reduce the criminalization of poverty and enhance safety for all."Institute for Innovation in Prosecution, Prosecutors & Bail: Using Discretion to Build a More Equitable and Effective System (New York: Institute for Innovation in Prosecution, 2017).

Some recent examples of prosecutors’ new approaches to bail recommendations include: