Candidate Answers to JOLDC: Darcel Clark for Bronx District Attorney

Candidate Name: Darcel Clark

Office Seeking Election for: Bronx District Attorney

Campaign Website: https://darcelforthebronx.com/

Campaign Social Media Handles: facebook.com/DarcelClark

1 - What’s the usual procedure for recommending or opposing release when people prosecuted by your office appear before the Parole Board?

In general, the office does not take a position with respect to recommending or opposing release before the Parole Board.

2 - How many times have you recommended release for incarcerated people prosecuted by your office when they appeared before the State Parole Board?

The Office does not track responses to the Parole Board. It is a rare occasion wherein someone from the office appears before the Parole Board.

3 - Will you commit to establishing a presumption of support for parole for those appearing before the State Parole Board who were prosecuted by your office unless there is clear, individualized evidence that they are a risk to the community?

A presumption of granting parole could absolve the Parole Board of the case-by-case factual assessment necessary to determine whether an individual is fit for an early release. The benefit to the presumption of release is that the Parole Board’s considerations would start with freedom and work towards understanding the risks to the community. There is some wisdom to reversing this burden, but the precise language must be presented before I pronounce support for legislation.

4 - Do you have a post-conviction unit? If so, how many times has the unit successfully gotten someone resentenced or exonerated? How many cases are currently being invested in the unit?

In 2016, I launched a post-conviction review unit, the Conviction Integrity Bureau (CIB). The CIB has two important functions: (1) it reviews post-judgment claims of actual innocence and wrongful conviction in our most serious cases; and (2) it works closely with staff to identify cases appropriate for resentencing under the Domestic Violence Survivors Justice Act (DVSJA), which allows the court to resentence a domestic violence survivor who suffered sexual, psychological, or physical abuse that contributed to his or her conviction if certain criteria are met. Further, the CIB vets whether the office should support applications for clemency.

CIB investigations have led to 9 cases vacated and dismissed, and 5 cases resentenced based on DVSJA.

While the CIB receives numerous applications, these cases are vetted for plausible claims. Our process includes (1) an initial screening, (2) a full review of all documents relevant to the case, and, if necessary, (3) a new investigation which requires interviewing witnesses.

5 - Do you have a wrongful conviction unit? If so, how many times has the unit successfully gotten someone resentenced or exonerated? How many cases are currently being invested in the unit? What do you see as the limitations to your program?

See the response to question 4 providing the description concerning reviews of wrongful convictions. As to the limitations of the Conviction Integrity Bureau, those parameters are set by the statute declaring grounds for a motion to vacate conviction, under Criminal Procedure Law section 440.

Ultimately, there may be individuals who are incarcerated on sentences that no longer meet today’s sensibility of justice. In these situations, there should be another mechanism outside of vacatur or clemency applications to address matters appropriate for resentencing.

6 - Have you met with currently incarcerated people with pending clemency applications?

Assistant District Attorneys within the Conviction Integrity Bureau vet applications for clemency to recommend whether the office should support the request for clemency. As part of their inquiry, ADAs communicate with assigned counsel and meet with people incarcerated when appropriate. Based on my independent review and the CIB recommendation, I communicate to the Governor’s Office my decision on requests for clemency.

7 - How many times have you visited a New York State prison since you became the District Attorney?

I have been to Rikers Island numerous times throughout my tenure as a District Attorney, and I visited Sing Sing correctional facility on one occasion.

8 - Do you support the Elder Parole bill, legislation pending in Albany that would allow people deemed older by the New York State prison system who have served 15 years in prison to appear before the Parole Board for an individualized release assessment? The bill does not mandate release for anyone.

Given my understanding of recidivism and aging out of criminality, I support the opportunity for considering parole for this aging population.

9 - Do you support the Fair & Timely Parole bill, legislation pending in Albany that would ensure people appearing before the Parole Board are assessed for release based on who they are today, their rehabilitation, and risk of violating the law?

I support this legislation, and as with all legislation, legislators must ensure they review the language thoroughly to ensure the bill has the desired effect.

10 - In cases where bail may be set by the court, what have you done to ensure that your office does not contribute to the criminalization of poverty and the imprisonment of people simply because they cannot afford cash bail?

In 2016, I began my tenure as District Attorney by implementing a new bail policy. My office modeled bail reform prior to any legislation, and our data shows it. Further, I instructed my office to decline the prosecution of low-level offenses where NYPD can issue a summons or connect someone to services. I dismissed over 160,000 criminal summonses, so that people wouldn’t be arrested due to open warrants.

11 - What steps have you taken to address gun violence, knowing that the same communities most impacted by mass incarceration and criminalization are also the ones suffering from gun violence?

Safety and security are paramount to building community health and wellness. The biggest threat to safety is gun violence, which is my top priority. Deaths related to gun violence devastate the Bronx. We must stop the flow of the iron pipeline providing easy access to illegal weapons by vigorously pursuing gun trafficking. We must engage our youth with violence-interrupters who can address problems that should not rise to violence. In addition, we must balance accountability for those charged with gun possession with services like the Bronx Osbourne Gun Accountability Program to sentences that require incarceration when necessary.

In June 2021, I introduced a long-term strategy for violence prevention and intervention Precision Enforcement and Community Engagement (PEACE). This strategy employs intelligence-driven prosecution, wherein my office pinpoints where the most shootings occur, what is motivating the violence, and who is perpetrating it. They identify the small subset of individuals who are responsible for violence, and we prosecute these defendants.

12 - Have you prosecuted sex work?

The Office provides noncriminal dispositions to those charged with prostitution. Individuals arrested for prostitution receive an opportunity to engage in social services with Bronx Community Solutions (BCS), and upon completion of those services, participants receive a dismissal and immediate sealing of the arrest. Rather than focusing on criminalizing sex work, my office focuses on ensuring sex workers are getting the support they need, and we work to keep them out of predatory situations.

We aim at the roots of human trafficking – those defendants who advance or profit from human trafficking, and those who patronize prostitution. The Bronx District Attorney’s Office is working with Bronx Community Solutions and the Center for Court Innovation to develop a pre-trial diversion program for those arrested for patronizing prostitution through Project R.E.A.C.T. (Rethinking Engagement, Accountability, and Community Trust), this program seeks to have the defendant explore their underlying reasons for pursuing commercial sex, working towards understanding their behavior and its impact on themselves and their community, and promoting healthy relationships.

On March 8, 2021, I moved to dismiss 822 cases where Loitering for the Purpose of Prostitution, Penal Law section 240.37, was the sole charge, including 278 pending cases and 544 disposed cases in which a warrant was ordered. Loitering for the Purpose of Prostitution, or Walking While Trans, was

repealed because it led to discriminatory policing against people based on their gender expression or appearance. I was supportive of this legislation.

13 - Do you support the decriminalization of sex work?

I support the decriminalization of sex work.

14 - The data on New York's bail reform laws is crystal clear: bail reform has decreased jail populations, kept communities intact, reduced racial injustice, and has had no impact on crime. What have you done to ensure full compliance and strong implementation of bail reform laws?

Again, in 2016, I implemented bail policies that modeled bail reform prior to any legislation, and I reduced the prosecution of low-level offenses. Further, I implemented policies to ensure fairness in charging, plea bargaining, and dispositions – examples include eliminating any overcharging to inflate the potential sentence, and determining plea offers that balance public safety, victim’s concerns, treatment and rehabilitation for defendants, and impact on the community.

15 - Do you support legislative efforts to End Qualified Immunity in New York State?

Qualified Immunity is essential to protect employees from being sued for doing the essential functions of their jobs in good faith. Qualified Immunity should not apply to those who act outside their scope of employment in a malicious way or abuse their authority.

16 - Many criminal cases in New York end in dismissal, including cases in which people were jailed pre-trial, what process does your office have to investigate these cases and how are you changing office policies to eliminate the pretrial jailing of cases that may end in dismissal.

The general practice of my office is to investigate cases thoroughly and decline to prosecute cases where there is not enough evidence to sustain our burden. My office has the highest rate of declination, because I refuse to charge if the evidence isn’t there. My pre-trial policy regarding incarceration is summarized simply as “If we are not asking for jail, we are not asking for bail.” Accordingly, pre-trial incarceration is reserved for serious violent felony offenses where jail is recommended. My office has the lowest number of people being held on Rikers Island, with the exception of Staten Island. We review the Rikers’ population once a week. We balance public safety, justice for victims, along with treatment and rehabilitation for defendants.

17 - District Attorneys are leading the charge to undermine the state’s Discovery Laws to remove guardrails installed by the legislature to ensure the timely transfer of evidence to people accused of crimes in New York State. Should people be prosecuted – and potentially jailed – without an opportunity to see the evidence against them? Why or why not?

I absolutely support discovery reform, and I joined with the defense bar to ask the city and state for funding to enhance technology and staffing. After three years, it is clear the impact of the reform has unintended consequences. As a result, I believe there are still a few key adjustments that could

improve the flow of cases and improve community safety. Procedural justice includes the understanding that defendants and victims should not shoulder delays to have their day in court.

18 - Are you a member of the District Attorneys Association of New York?

Yes, I am a member of DAASNY. I represent the people of the Bronx and uphold the policies necessary to pursue justice with integrity here. The District Attorneys Association of New York represents all District Attorneys throughout the State of New York. Accordingly, there are substantial differences between the positions and policies advocated by my office and those of some of the other DAs in the state.

19 - Have you accepted, or are you open to accepting contributions or support from police or corrections department associations?

I do not accept contributions from law enforcement and corrections unions.

20 - Have you used information pulled from the NYPD “gang database” in charging, bail, or sentencing decisions?

NYPD investigatory practices are theirs alone. My office makes charging decisions based on a careful evaluation of the law, applicable charges, and the evidence presented. The NYPD “gang database” does not factor into charging, bail or sentencing decisions.

21 - Youth are increasingly being held in adult jails before they even reach trial. What approach have you taken regarding charging minors as adults?

I supported Raise the Age and attended the signing of the law by the Governor at the time. The law now requires the removal of most youth cases to family court. The cases that remain in Criminal Supreme Court are reserved for serious, violent, felony offenses. Youth are housed in the Horizon Juvenile Center prior to trial.

22 - Do you support reparations for slavery?

Yes, I do. The historic injustice of slavery has impacted the lives of African Americans to this day. The government should study and evaluate measures that are designed to address the economic impact of reparations.

23 - Do you support closing Rikers Island?

I am on record with my support to close Rikers Island. During the pandemic, we experienced a humanitarian crisis at Rikers where the defense bar and prosecutors came together to determine who could be released with the necessary support services to help them transition back into the community. Post-pandemic, it remains clear that conditions within the facility must improve – staffing levels must increase to pre-pandemic levels to provide services and security, medical professionals must be

available to address underlying behavioral issues, and we must prevent violence using evidence-based solutions.

24 - Do you support the administration’s plan to open borough-based jails?

I support the placement of facilities in sensible locations throughout New York City. It is critical that families have access to their loved ones who are jailed pending trial. In addition, it improves the administration of justice when these facilities are centrally located making trips to the court easier to make required appearances or meet for scheduled appointments with counsel. I do not agree with the Bronx location - the Bronx based jail should be connected to the courthouse like they are in the other boroughs.

25 - Do you support legislation outlawing solitary confinement in all jails and prisons, including city jails, and do you support Intro 549 (regarding solitary confinement)?

The current implementation of solitary confinement has mental health consequences that range from exacerbating existing diagnosis to impacting healthy individuals. It is purely punitive and serves no function toward rehabilitation. Jails and prisons should continue to focus on safety, fair treatment, and evidence based disciplinary measures that reduce violence. The City and State can find better solutions aimed at deterring violence in jails and prisons.

26 - Will you publicly call on the governor to use her clemency power for the many incarcerated New Yorkers who can safely return home? Will you tweet out your support for this or issue a public statement? Would you be willing to be critical of a governor who does not exercise their power to grant clemencies and commutations to those worthy of release? Have you ever spoken out in such a way?

I fully support the Governor’s inherent authority to grant clemency applications, and I will continue to provide my recommendations based on a review of each matter on a case-by-case basis. I think clemency should be considered on a year round basis, and Governor Hochul has moved this in the right direction.

27 - If elected, will you include in your office’s newsletter instructions for your constituents on how their loved ones can apply for clemency?

I regularly direct my communications team to produce newsletters and updates that guide the public. These communications are not limited to process and procedure for clemency applications. They may include, for example, direction to appropriate programs designed to address re-entry after returning home from incarceration, and information that details how to navigate the sealing process for a qualifying conviction.

28 - Do you commit to visiting constituents who are incarcerated in state prisons and city jails? When did you do so last?

Prosecutors are not allowed to speak to inmates or detainees without their Attorneys present. I visit Rikers Island regularly, and travel to State prisons when necessary.

29 - Do you support the establishment of supervised drug consumption spaces?

The Opioid crisis has afflicted the Bronx wherein our community has the highest rate of overdoses in New York State. Supervised consumption spaces are important resources that can save lives of people struggling with substance use disorders. After visiting facilities in Switzerland, I became convinced about the efficacy of this resource. In 2021, I wrote an op-ed with my some of my fellow DA’s and the Health Commissioner at the time -

https://www.buzzfeed.com/dadarcelclark/new-york-overdose-prevention-centers.

31 - Are you in favor of removing police from any of the following? a) Schools; b) Mental health response calls; c) Homeless outreach and social services; or d) Traffic enforcement

Schools, mental health calls, and homeless outreach require other trained professionals – counselors, social workers and social service providers, and medical professionals. City government should continue to direct more resources toward response teams outside of NYPD unless the situation involves a crisis that requires a law enforcement response because it threatens public safety.

32 - Do you approve of Mayor Adams’ approach to sweeping homeless encampments?

Those who are unsheltered merit dignity and respect during each encounter. Encampments present opportunities to engage with qualified professionals who can determine if there are opportunities or resources that meet the community needs.

33 - In view of the fact that Ed Koch has been documented to have caused the deaths of hundreds of thousands of people with AIDS, and was blatantly racist, would you support a city bill to rename the former Queensboro Bridge? Do you authorize the use of your name for such a purpose?

Yes, and it should be named after a person of color.

34 - Will you refuse money from individuals or Political Action Committees representing the real estate industry or law enforcement unions/associations?

I do not accept contributions from law enforcement associations. However, I do accept contributions from people who work in real estate and people who work in law enforcement, as I take contributions from other individuals.

35 - If you receive the Jim Owles endorsement, do you agree to identify the club on all literature and electronic materials where you list endorsements?

Yes.