Omnibus Bill Released

The conference committee released the compromises and many reforms to the Massachusetts justice and corrections systems on Friday, March 24. Their fellow state representatives and senators will vote YES or NO, with no opportunity for amendments, and the bill will go to Governor Baker, who has not yet stated his position.  Advocates are hopeful we would have sufficient votes to override a veto, if necessary.

Below are highlights of the comprehensive bill, which are mostly positive steps in the right direction. There are a few glaring contradictions, such as increasing mandatory minimum sentencing for opiate trafficking and  new laws to protect police officers.

For greater details, open this 7-page PDF:CORRECT_Omnibusbill_2018

HIGHLIGHTS of the Conference Committee’s decisions

Decriminalize minor offenses

Divert minor offenses away from prosecution/incarceration

Reform Bail to reduce unnecessary incarceration

Repeal/limit mandatory minimums for non-opiate, non-weight retail drug offenses

Strengthen minimum mandatories for opiate trafficking

Strengthen Protections for Public Safety

Reduce solitary confinement

Generally improve prison conditions

Release prisoners who are permanently incapacitated and pose no safety risk

Make it easier for people to get back on their feet

Take better care of juveniles and young adults

Improve transparency of the criminal justice system

Better protect women in the criminal justice system

Reduce and remedy errors of justice

 

 

NEW INFO: Omnibus Bill may come out of conference committee on Friday, 3/23

​TENTATIVE ACCORD REACHED ON GAME-CHANGING CRIMINAL JUSTICE BILL

By Matt Murphy
STATE HOUSE NEWS SERVICE

STATE HOUSE, BOSTON, MARCH 21, 2018….The six House and Senate lawmakers negotiating a complex overhaul of the state’s sentencing and criminal justice laws have reached a tentative agreement that is expected to be finalized before the end of the week, according to multiple sources.

The conference committee, led by Sen. William Brownsberger and Rep. Claire Cronin, has been privately negotiating the details of the bill since November.

The competing House and Senate bills (H 4043/S 2200) broadly seek to raise the age of juvenile court jurisdiction to encompass 18-year-olds, repeal some mandatory minimums for drug offenses, address the use of solitary confinement and give judges greater leeway in sentencing street level drug-dealers.

Passage of a criminal justice bill in the coming weeks would mark a major accomplishment for lawmakers before they head into the state budget cycle. The emergence of a final legislative compromise could also make clear possible areas of policy differences between lawmakers and Gov. Charlie Baker.

House Majority Leader Ronald Mariano, one of the three House conferees, confirmed to the News Service that the group was nearing a final compromise.

“Things are progressing and there is reason to be optimistic that it will be resolved by the end of the week,” the Quincy Democrat said Wednesday.

Several other sources at the State House told the News Service Wednesday that copies of the finalized bill were being circulated among legal counsel for review, and the conference report could be signed by the conferees and filed with the Senate clerk’s office by Friday.

Brownsberger did not return a message left on his cellphone on Wednesday.

Gov. Charlie Baker was in Haverhill on Tuesday with a collection of local law enforcement officials and district prosecutors urging the House and Senate to use the criminal justice bill as a vehicle to tweak the state’s three-year-old fentanyl trafficking law to make it more enforceable by prosecutors.

Criminal justice reform advocates will also be watching closely to see how the Legislature approaches mandatory minimum sentencing for drug offenses.

Details of the tentative compromise were not immediately available on Wednesday.

Other lawmakers on the conference committee include Rep. Sheila Harrington, a Republican, and Sens. Cynthia Creem and Senate Minority Leader Bruce Tarr.

-END-
03/21/2018

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Omnibus Bill in limbo until 5/25

The good news is that we have a significant bill to reform the Massachusetts justice and

corrections systems. The bad news is that legislators are afraid of political repercussions of being smart on crime instead of tough on crime, out-dated practices that delivered us a racist system of mass incarceration.

The buzz on Beacon Hill is that because crime and punishment are hot buttons, many state legislators want to avoid antagonizing a constituent into running against her or him.

Hence, we expect NO ACTION will be taken to bring the Omnibus Bill out of conference committee until AFTER May 25, the last day candidates can file to run for state office in Massachusetts on the ballot. [Write-ins are always possible.]

The conference committee is struggling to resolve Mandatory Minimums. Most district attorneys use the possibility of a mandatory minimum sentence in drug cases to threaten and intimidate someone into pleading guilty to a lesser charge and shorter sentence.

With the power granted by mandatory minimums, District Attorneys are empowered to act as prosecutor, judge and jury, at their discretion, only answering to voters. In the voting booth, a typical voter doesn’t realize the power of a district attorney, and they often run unopposed.

Some legislators and grieving parents mistakenly believe that mandatory minimum sentencing for drug offenses will end the war on drugs, and eliminate drug dealers. This is false. Mandatory minimums have NOT ended the drug war, just filled up our prisons and jails. Drugs are still available to buyers and addicts.

What a difference a District Attorney Makes

EMIT and the ACLU of Massachusetts have partnered on the project What A Difference A DA Makes.   Educational events to raise awareness of this campaign have already been happening, including in Arlington, Mass. If you would like to host an event on What a Difference A DA Makes,  contact emit.susan@gmail.com.

​Continuing Education and Networking opportunities

To learn more about reforming our justice and corrections systems, the Charles Hamilton Houston Institute for Race and Justice at the Harvard Law School, regularly sponsors FREE speakers, films and forums.

Sign up to their mailing list here: houstoninst@law.harvard.edu ​

Philly shows how a District Attorney influences delivery of “justice”

A new district attorney in Philadelphia, Larry Krasner, is following through on his campaign promises to stem the flow of people into prison by decriminalizing poverty and addiction, for starters.  See more at this SLATE article below. Art is courtesy of SLATE.com.

EMIT and the ACLU of Massachusetts and others are working together to bring new district attorney candidates to Massachusetts. We need to get rid of the old guard and bring in the new in our 11 district attorney races [for 14 counties].

https://slate.com/news-and-politics/2018/03/phillys-new-top-prosecutor-is-rolling-out-wild-unprecedented-criminal-justice-reforms.html