A new report by The Sentencing Project, Still Life: America’s Increasing Use of Life and Long-Term Sentences, finds a record 206,268 people serving life with parole, life without parole, or virtual life sentences in 2016—one of every seven people in prison.
The report, authored by senior research analyst Ashley Nellis, provides a comprehensive analysis of individuals serving life sentences, including the first-ever census of those serving “virtual life” sentences of 50 years or more. Extreme prison sentences are a nationwide phenomenon, but in eight states — Alabama, California, Louisiana, Maryland, Massachusetts, Nevada, New York, and Utah — at least one of every five prisoners is serving a form of life in prison.
Racial disparity in the prison population is also a hallmark of mass incarceration and the composition of the population serving life reflects this stark disproportionality. Indeed, one in five African Americans in prison is serving a life or virtual life sentence. In Alabama, Georgia, Illinois, Louisiana, Maryland, Mississippi, and South Carolina, two-thirds or more are African American.
The report concludes with recommendations to address the outsized life and virtual life population:
- Eliminate life without parole and dramatically scale back other life sentences;
- Improve the process of parole;
- Increase the use of clemency and authorize other mechanisms to adjust overly punitive sentences.
We hope you will help us spread the report’s eye-opening findings about the United States’ historic incarceration levels and advocate for change.
This story ran in the Marblehead Wicked Local Paper. Meghann Perry and I are available to speak, fill the pulpit, set up a table to share solutions on what voters in Massachusetts can do to volunteer in prison or jail and to reform our justice and corrections systems.
Proponents of justice system reform believe that drug addiction should be treated as a health problem and not a crime, and that over-incarceration of the poor, mostly black males, is the civil rights issue of our time.”Reform takes baby steps and it takes a lot of people working together to make it happen,” said Susan Tordella, co-founder of End Mass Incarceration Together (EMIT), a task force of the Unitarian Universalist Church Mass Action Network. “It’s about breaking down barriers and
BARRY CHIN/GLOBE STAFF Chief Justice Ralph Gants of the Supreme Judicial Court says a review of socalled finetime practices is underway. Scores of indebted become ‘finetime’ inmates. Posted from The Boston Globe.
By Milton J. Valencia GLOBE STAFF NOVEMBER 07, 2016
They call it “finetime” — a questionable practice in which defendants “pay off” court fines and fees by serving time behind bars, even if they never committed a crime deserving of jail time in the first place.
A sampling of cases in Massachusetts from last year showed more than 100 instances in which defendants were sent to jail because they could not afford to pay a fine, a practice first laid bare in the federal investigation into the criminal justice system in Ferguson, Mo., two years ago, sparking outcries of discrimination in that state. The 105 examples were cited in a report to be filed this week by the state Senate Committee on Post Audit and Oversight. Among them:
■ A defendant charged with driving under the influence of alcohol was ordered to serve 25 days in jail for failing to pay $760 in fines and fees. “Do I have any say on this? Like, any defense?” the defendant asked.
■ In Leominster District Court, a defendant who owed $175 two years after a shoplifting offense was sent to jail, even though he told the judge he intended to pay the money within a month.
■ A third case was described to the Globe directly by the defendant, identified as James K. He told state officials he was looking to get his driver’s license, so that he could apply for a job, after serving prison time for a robbery in New York City when he was a teenager, he said. However, he had outstanding fines for a drug arrest years earlier in Dudley District Court.
When he returned to Dudley last year looking to address the fines, he said he was told he owed more than $1,000. He said he could not pay, that he had stayed in a homeless shelter the night before. He was sent to jail for 36 days.
“I was in disbelief, saying ‘You’re going to lock me up because I can’t pay a fine?’ ” said James K, who asked that his last name not be used to protect his privacy during job searches.
“It’s counterintuitive,” he said. “I was sent to jail because I was poor.” The 105 examples are from Worcester, Plymouth, and Essex counties. It’s unclear how many other cases may have also occurred in other counties.
The review found that most of the 105 defendants who were sent to jail had initially arrived at the court for a relatively minor offense: 40 percent of the cases related to automobile violations that did not involve allegations of operating under the influence. In 16 percent of the cases, the original charge was for public disorder, such as disorderly conduct, public drinking, or trespassing.
None of the 105 defendants went to trial on the original offense, and in 60 percent of the cases the charges were continued without a finding or disposed of with pretrial probation. In 40 instances, the defendant was guilty of at least one charge, but only four ended up serving jail time at the original disposition of the case.
Ultimately, the sentences ranged from one day to 112 days. In nearly half of the cases, the defendant was ordered to serve at least two weeks.
The state expects more than $40 million in fees and fines each year, half of it related to probation fees, according to the Committee on Post Audit and Oversight. Senator Michael Barrett, a Democrat from Lexington and chairman of the Committee on Post Audit and Oversight, said the review raised troubling questions about the state’s dependence on revenue from the poor, through the imposition of fees and fines — with stiff enforcement designed to make people pay up.
“We do this in the name of punishment, but it turns out to be a nifty business in terms of revenue generation, and we’ve grown too fond of what it pulls in,” said Barrett, an attorney by trade. “It’s a moneymaking sideline, run by the criminal justice system. The money comes out of the hides of not only poor offenders who have to get their lives back on track, but also the families of poor offenders. . . . We need to descale the hunt for revenue to sustain the court system.”
The review comes as top court officials have recently acknowledged the need for the courts “to provide equal justice for those who face financial challenges.” Ralph Gants, chief justice of the Supreme Judicial Court, said in his annual State of the Courts address last month that “We are examining whether we are unwittingly punishing poverty by the imposition of fines, fees, and restitution that a defendant has no ability to pay, and taking steps to ensure that the inability to pay does not result in the revocation of probation, the inappropriate extension of a period of probation, or time in jail.”
Barrett said the review of cases and state laws shows it may take a combination of new court policies and legislative fixes to address the issue. ‘We are examining whether we are unwittingly punishing poverty by the imposition of fines,fees, and restitution . . . ’
State law, for instance, allows for a defendant to pay off fees by serving jail time, at a rate of $30 a day. Barrett’s committee called for increasing the rate to $60, so that a defendant can pay off his dues quicker if jail becomes an option.
The review also found that judges failed to appoint lawyers for defendants — who had already been declared indigent — when considering whether to send them to jail for failure to pay fines, a potential violation of their constitutional right to counsel. Barrett’s committee called on the Supreme Judicial Court to uphold a defendant’s right to an attorney in such cases, saying the court has not yet addressed the issue directly.
At the least, Barrett said, the courts should set policy requiring judges to appoint lawyers and to better inquire into whether a defendant is being in contempt of the court, or truly cannot pay. He also said the courts should consider alternatives to sentencing someone to jail.
“I’m not suggesting all fees go away. I think there’s a place for fines and fees in the fullness of things,” Barrett said. “Some people can feel the sting, and still pay it, but for some people this is more than a sting. It means you can’t pay rent for the month. That’s what we’re finding in these cases.”
Cassandra Bensahih, executive director of the Worcesterbased advocacy group ExPrisoners and Prisoners Organized for Community Advancement, said the report shows the cycle of hardships that many lowincome people face, in which they can’t get a job because of past encounters with the criminal justice system, and so they can’t pay their fines.
“When they can’t find employment, can’t find jobs, what are they to do?” she said. Milton J. Valencia can be reached at firstname.lastname@example.org. Follow him on Twitter @miltonvalencia.
In response to the Dallas massacre, our Massachusetts state legislature has introduced the following bills.
1. HB4440: An act relative to assault and battery on a police officer
Amends various GLs to punish whoever commits an assault and battery upon a
police officer and causes the officer serious bodily injury, by 1 to 10 years in state
prison or 1 to 2½ years in the house of correction, with a minimum mandatory 1
year to serve, and a fine between $500 and $10,000; and provides that a judge
may consider that a defendant charged with this offense is dangerous enough to
justify setting bail on the defendant or ordering such defendant's release, but with
Lead sponsor: Governor Charlie Baker (R)
Status: In Judiciary Committee. Hearing held 7/13/16. 4 testimonies in
opposition, 6 testimonies in support.
2. HB4466: An act protecting police officers
Section 13D of Chapter 265, as appearing in the 2014 Official Edition, is
hereby amended by adding at the end thereof the following new paragraph:
Whoever commits an assault or an assault and battery upon a law enforcement
officer, when such an officer is engaged in the performance of their duties, that
results in bodily injury shall be punished by imprisonment in the state prison for
not more than 5 years or in the house of correction for not more than 2 1/2 years,
or by a fine of not more than $5,000, or by both such fine and imprisonment.
Second or subsequent assaults upon a law enforcement officer, when such an
officer is engaged in the performance of their duties, or assaults and battery,
resulting in bodily injury shall be punished by a fine of not more than $10,000,
and imprisonment for not less than 1 year in a house of correction or more than
10 years in state prison.
Lead sponsor: Rep. Paul Frost (R-Auburn)
Co-sponsors: Rep. Ashe, Brian (D); Rep. Berthiaume Jr., Donald (R); Rep.
Boldyga, Nicholas (R); Rep. Campanale, Kate (R); Rep. Cantwell, James (D);
Rep. DeCoste, David (R); Rep. Diehl, Geoff (R); Rep. Dooley, Shawn (R); Rep.
Durant, Peter (R); Rep. Dwyer, James (D); Rep. Ferguson, Kimberly (R);Rep.
Fiola, Carole (D); Rep. Gordon, Kenneth (D); Rep. Gregoire, Danielle (D); Rep.
Haddad, Patricia (D); Rep. Hill, Bradford (R); Rep. Howitt, Steven (R); Rep. Hunt,
Randy (R); Rep. Kane, Hannah (R); Rep. Kelcourse, James (R); Rep. Kuros,
Kevin (R); Rep. Lombardo, Marc (R); Rep. McKenna, Joseph (R); Rep.
McMurtry, Paul (D); Rep. Miceli, James (D); Rep. Muratore, Mathew (R); Rep.
Orrall, Keiko (R); Rep. Poirier, Elizabeth (R);Rep. Puppolo, Jr., Angelo (D); Rep.
Rogers, John (D); Rep. Smola, Todd (R); Rep. Vieira, David (R); Rep. Vincent,
RoseLee (D); Rep. Whelan, Timothy (R); Rep. Wong, Donald (R); Rep. Zlotnik,