Category Archives: legislation

The conference committee for the Massachusetts Act to Reform Criminal Justice was appointed today, Nov. 28, 2017.
Senate
Will Brownsberger (D-Belmont/Cambridge), Senate Co-Chair of the Joint Judiciary Committee, and a principal author of the Senate version of the bill.
Cynthia Creem (D-Brookline/Newton), a member of the Judiciary Committee
Bruce Tarr (R-Gloucester), Senate Minority Leader
House
Claire Cronin (D-Brockton), House Co-Chair of the Joint Judiciary Committee, and a principal author of the Senate version of the bill.
Ronald Mariano (D-Qunicy)
Sheila Harrington (R-Groton), a member of the Judiciary Committee
The House engrossed bill (new number, House 4043) is out:
The bi-partisan group will work out comprimses between the House and Senate version of the monumental Act to Reform Criminal Justice.
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prosecutor's role in Massachusetts

Crucial time to make a burning call

Could you take a minute to call or email your state representative and ask them to support H.4011, the criminal justice reform bill?  
 
Could you ask someone else to do the same?  (Find legislators at https://malegislature.gov/Search/FindMyLegislator .)
Do you want to help strengthen the bill?  Are you curious about this process and want a little bit of civics education?  If so, keep reading.
For context — Proposed amendments must be filed by Nov. 9, and will be voted on early next week, right before the bill itself.  The more legislators co-sponsor an amendment before it is filed, the politically stronger it is.  They can co-sponsor after tomorrow too, but the political impact is smaller.  The Senate bill of An Act to Reform Criminal Justice had 162 proposed amendments, so I suspect plenty of amendments will be filed for the House bill too.
The dilemma — People who want real criminal justice reform face a balancing act.
On the one hand, we want the House bill to be as strong as possible.  After next week’s vote, the House and Senate bills will go to a conference committee, whose job it is to hash out a bill that both the House and the Senate will be willing to support in a yes/no vote (no amendments allowed).  The stronger the House bill, the stronger the final bill is likely to be.  If a provision in the House bill is amended to match the language in the Senate bill, that’s one less thing to negotiate over.  Note that sometimes the House language is better than the Senate language.
On the other hand, the most important thing is to get a law out of this long process.  That means either getting Governor Baker’s support or having enough votes to override a veto.  To be veto-proof, a bill needs two-thirds support in both the House and the Senate.  If the final bill is so ambitious that it can’t get that level of support, we could really lose.
Legislators are now trying to get a sense of how much support various amendments would have.  Would plenty of state reps vote for this amendment?  Does it risk undermining support for the bill as a whole?  How far to push?  How cautious to be?  Massachusetts has 160 state representatives, so that’s a lot of people to talk with.
My suggestion — I don’t have perfect answers to these questions, and I don’t think anyone does.  I do, however, believe it would be helpful for you to ask your state rep to co-sponsor the following 12 possible amendments that are actively being discussed:
+  Raise the lower age of juvenile jurisdiction to 12 (not just 10);
+  Raise the upper age of juvenile jurisdiction to 19;
+  Raise the felony larceny threshold to $1,500 (the level it would be if it had kept up with inflation);
+  Reduce the criminalization of poverty by further reducing or eliminating fines and fees;
+  Eliminate mandatory minimums for all lower-level drug offenses;
+  Raise the thresholds for trafficking (they are currently what someone with a serious substance abuse issue would use in a few days, so would entrap users);
+  Increase pre-arraignment diversion options for juveniles (since getting a court record can affect someone for the rest of their life);
+  Allow juvenile records to be eligible for expungement after 3 years (H.4011 says 10 years, which is a very long time);
+  Put into statute that juveniles are not to be shackled without a specific reason;
+  Follow the advice of Citizens for Juvenile Justice on what juvenile data is important to collect;
+  Protect children by considering primary caretakers’ parental responsibilities when sentencing; and
+  Track the savings from reduced prison populations and reinvest half of it in job training, job placement, and other support for re-entry.
If this makes sense to you, I suggest you make this a two-step process.  First, call your state rep and tell them (or their aide) that you are asking them to vote for H.4011 and co-sponsor some amendments that would strengthen it.  Tell them you will email a list of a dozen amendments, so they will have them in writing rather than taking notes on the phone.  Then, follow up with the email as soon as you get off the phone.  A draft email is below.  Feel free to shorten the list.
It’s helpful for state reps to hear from constituents while making political judgment calls.  It gives them more information, and it lets them tell other legislators they are getting pressure from their constituents.  Most importantly, it lets them know we’re paying attention.  They may or may not do exactly what we ask in any particular decision, but they also have knowledge that we don’t.  When we work together, better decisions get made.
Now more than ever, I believe, it’s important for citizens to understand and participate in our democratic political process.
— Lori Kenschaft, EMIT Core Member
Blog editor’s note: Here are two more amendments that will insure humane treatment for incarcerated people and save the state money:
*  Rep. Balser’s amendments to limit the Department of Corrections’ cruel over-reliance of solitary confinement and to provide data on its use; and
* Rep. Connolly’s two amendments to broaden medical parole for incapacitated and terminally ill inmates, which will save the state hundreds of thousands of dollars.
————————————————————-Draft Email—————————————————-
Dear Rep. ________,
Thank you for talking with me today.  [Or, “I want to thank your aide, [name here], for speaking with me today.]
As I said on the phone, I encourage you to vote for the omnibus criminal justice reform bill, H.4011, and for amendments to strengthen it.
In particular, I encourage you to co-sponsor and vote for the following amendments:
+  Raise the lower age of juvenile jurisdiction to 12 (not just 10);
+  Raise the upper age of juvenile jurisdiction to 19;
+  Reduce the criminalization of poverty by further reducing or eliminating fines and fees;
+  Raise the felony larceny threshold to $1,500 (the level it would be if it had kept up with inflation);
+  Eliminate mandatory minimums for all lower-level drug offenses;
+  Raise the thresholds for trafficking (they are currently what someone with a serious substance abuse issue would use in a few days, so would entrap users);
+  Increase pre-arraignment diversion options for juveniles (since getting a court record can affect someone for the rest of their life);
+  Allow juvenile records to be eligible for expungement after 3 years (H.4011 says 10 years, which is a very long time);
+  Put into statute that juveniles are not to be shackled without a specific reason;
+  Follow the advice of Citizens for Juvenile Justice on what juvenile data is important to collect;
+  Protect children by considering primary caretakers’ parental responsibilities when sentencing;
+  Track the savings from reduced prison populations and reinvest half of it in job training, job placement, and other supports;
+  Rep. Balser’s amendments to limit the Department of Corrections’ cruel over-reliance of solitary confinement and to provide data on its use; and
+  Rep. Connolly’s amendments to broaden medical parole for incapacitated and terminally ill inmates, which will save the state hundreds of thousands of dollars.
Thank you for putting more justice into our justice system.
Sincerely,
[Your name]
[Your address and phone number]

Statehouse rally Oct 12, reform in reach

Some degree of comprehensive criminal justice reform in Massachusetts is likely in the next few months.  The question is how much.

The MA State Senate is expected to vote on its omnibus bill, S.2170, sometime in the next two weeks, perhaps on October 19th.  The House omnibus bill will probably be reported out shortly after that, and Speaker DeLeo said he hopes it will be voted on and the two bills sent to a conference committee before Thanksgiving.  Depending on how arduous that process is, we might have comprehensive criminal justice reform in Massachusetts by the end of December.  Exciting times indeed!

The biggest dangers here are that the Senate bill may be weakened by amendments, the House bill might be a lot weaker than the Senate bill, and the resulting law might not have much impact.

There may also be an opportunity to strengthen the Senate bill, especially its provisions regarding the conditions of solitary confinement.

If the proposed MA Senate omnibus became law, it would improve thousands of people’s lives.  Among other things, it would:

+  Reduce fees, fines, and other collateral consequences that trap people in a cycle of poverty and recidivism;
+  Raise the age for being tried as an adult to 19, with a mechanism to consider raising it to 20 or 21 in the future;
+  Promote the use of restorative justice;
+  Repeal mandatory minimums for lower-level drug offenses;
+  Expand eligibility for diversion to drug treatment;
+  Implement the SJC ruling that bail must be affordable;
+  Raise the felony larceny threshold from $250 to $1,500, in keeping with other states;
+  Allow records to be sealed after 3 years for misdemeanors and 7 years for felonies;
+  Restrict the use of solitary confinement and improve its conditions;
+  Provide for medical release of people who are incapacitated or terminally ill; and
+  Decriminalize disturbing a school assembly and sexual activitiy between young people close in age, also know as the Romeo and Juliet provision.

Six things you can do to help make real reform a reality:

(1)  Come to a rally for criminal justice reform today — Thursday, October 12 — 11 a.m. on the grand staircase in the State House.

(2)  Call or email your state senator and ask them to vote for the criminal justice reform omnibus bill, S.2170, without amendments that would compromise its goals.  You could add a request that they support amendments that would further improve the conditions of solitary confinement.

(3)  Call or email your state representative and ask them to make sure that Rep. Claire Cronin, the House Judiciary Committee co-chair, knows that they support a strong omnibus bill.  You could add that you hope the House bill will include some or all of the priorities listed above.  (You can look up your legislators at https://malegislature.gov/Search/FindMyLegislator .)

(4)  Send letters to the editor to your local paper explaining why you think these issues are important and supporting the Senate omnibus bill.

(5)  Write supportive comments (questions are fine too) on Sen. Will Brownsberger’s blog at https://willbrownsberger.com/senate-criminal-justice-reform-package/

(6)  Share this information with your friends (by social media, email, or good old-fashioned conversation) and tell them you’re excited by this opportunity to make a real difference in people’s lives.

Lori Kenschaft

On behalf of EMIT leadership team

EMIT — End Mass Incarceration Together
a statewide grassroots all-volunteer working group of Unitarian Universalism Mass Action Network

The only way to reform our state’s judicial and corrections systems is through a number of bills passed over several years.
This requires regular contact with your state legislators.

​EMIT
End Mass Incarceration Together
a statewide grassroots volunteer
working group of Unitarian Universalist Mass Action Network
http://www.endmassincarcerationtogether.wordpress.com

MA State Senators are listening to us

State senators and the ACLU held their first Commonwealth Conversation on Feb. 28. in Canton. Thanks to Peter Panov of Needham for this report.

The Commonwealth Conversations South Shore Town Hall on Tuesday, February 28th showed widespread interest in justice and corrections systems reform. This Town Hall was for Senators Keenan, O’Connor, Ross, Rush, and Timilty’s districts, however half of the Senate’s 40 members were present.

They explained these meetings represent a portion of setting the Senate’s agenda for the 2017-2018 legislative session. Among several of the frequently repeated themes such as the Safe Communities Act and the planned Weymouth gas compressor station was justice and corrections system reform in the Commonwealth.

Six of the 54 statements (by about 50 citizens attending the meeting) addressed Criminal Justice reform, from: ending mass incarceration in general and mandatory sentencing; to mandatory minimums, solitary confinement, and reducing recidivism; to unnecessary imprisonment, rehabilitation, and the example of a traffic fine becoming a license suspension becoming imprisonment.

From the ACLU Freedom Agenda (which includes “Smart Justice” — shifting from incarceration to rehabilitation) reflecting the speaker’s values; to 60% of our jailed being held pre-trial & 70 percent of those held because they can’t afford bail; to raising the felony larceny threshold, with the remark that Texas’s felony larceny at $2500 required to constitute a felony versus a misdemeanor, is TEN times ours, but Texans are not ten times better!

This is a clear message that moving Massachusetts away from mass incarceration is a priority for many Commonweawlth citizens, who are passionate about some several solutions we need to the many aspects of the problem.

More ACLU/Senator meetings are scheduled in March and April: March 7 in the Southeast; March 14 in Central; March 21 in Northeast; March 28 in Western; April 4 in Metrowest; and April 11 in Northshore.

There’s still time in New Hampshire

You’re invited to join a last-minute push in New Hampshire, where their 4 electoral votes are being hotly contested for US President and to tip the US Senate to a democratic majority. NH residents  can register to vote on Election Day,  people in low-income neighborhoods are being encouraged to vote.
You are invited to campaign door-to-door in Manchester, NH starting at 3 pm on Monday, Nov. 7. 
Contact Darren, 917-327-6528 to participate. I’ll be going on Monday if anyone wants to carpool from Route 495/Ayer area. On Saturday, activists from Vermont and Mass. showed up to canvass and Spanish speakers were particularly welcomed.
On Tuesday Nov 8 join with progressive reformers at the campaign/election night party, hosted by State Sen. Jamie Eldridge [D-Acton], a leader for justice and corrections systems reform on Beacon Hill. The party is at the Boxborough Holiday Inn, 242 Adams Place, Boxborough,  8 pm – until midnight. Campaign donation for Sen Eldridge requested, cash bar, light refreshment served. Hope to see you there.
Jamie Eldridge is an outstanding state senator in Massachusetts. He is on the Harm Reduction and Drug LAw reform caucus on Beacon Hill. He really cares about immigration, the disenfranchized and ending mass incarceration.

Former Gov. Michael Dukakis and Susan Tordella, co-founder of EMIT at a campaign event for State Sen. Jamie Eldridge, one of the leading progressives on Beacon Hill. Jamie is a co-leader of the Harm Reduction and Drug Law Reform Caucus at the Massachusetts Statehouse. He works tirelessly to end mass incarceration and reform our state’s corrections, probation and courts systems for the betterment of all.

It’s time to keep inflation in pace with crime

Public Safety Secretary applauds higher threshold for felony larceny

Massachusetts Public Safety and Security Secretary Daniel Bennett cheered the Senate’s plan to take up legislation heightening the threshold before larceny can be treated as a felony.

The Senate on Thursday plans to take up a bill (S 2156) that cleared the Judiciary Committee, which would raise the felony larceny threshold for the first time in nearly 30 years.

The threshold was last increased in November 1987 when Gov. Michael Dukakis approved a law increasing the felony amount to $250, up from $100. The Senate bill would raise the threshold to $1,500 before a defendant could be punished with years in prison.

“I think it makes sense. It’s been at $250 for a long time,” Bennett told the News Service Friday on his way into a cabinet meeting.

Bennett said the new threshold is an important consideration and he hoped to work with lawmakers to find a “fair amount for victims.”

“It depends on the amount, but certainly it should move up from $250 to realistically make what was a misdemeanor a felony. So I applaud the amounts going up. We do have to see what that amount goes to because we don’t want to take advantage of victims by making it too high,” Bennett said. – Andy Metzger/Statehouse News Service

3/7/2016 9:52:06 AM

A preview of 2015 Massachusetts legislation to end mass incarceration

Advocates and lawmakers are working together to draft legislation for the 2015-2016 legislative session on Beacon Hill. EMIT is encouraging voters who want to restore justice for all in the Commonwealth, to contact their state senators and state reps NOW in December, in advance of the January blitz of activity to introduce all of the bills for the 18 month session.

The more co-sponsors behind a proposed bill, the more support it will generate from other legislators. Lawmakers must commit to co-sponsor a bill by Jan. 15, 2015. The bills will be introduced during the first two weeks of January, given a number and assigned to a committee.

Here is a partial list of criminal reform measures we anticipate will be considered by the Massachusetts Legislature.

  • End mandatory minimum sentences related to drug offenses.  Some 70 percent of incarcerated people in Massachusetts prisons and jails are serving sentences set by mandatory minimum sentences, which eliminated judicial discretion. Mandatory minimum sentences have not been shown to increase public safety. There is no evidence to show mandatory minimums deter or reduce crime, or rates of addiction and substance abuse. Mandatory minimums are costly because they keep people incarcerated for longer periods of time than necessary, and disproportionately impact communities of color.
  • Pretrial and bail reform — about 20 percent of the state’s 22,000  people in county jails and state prisons have not been convicted of a crime. Many are awaiting trial because they cannot afford to make a small amount of bail. New legislation would revise how accused individuals are evaluated, and determine if they can safely return to the community and be expected to appear at trial.
  • Ending collateral sanctions by the Registry of Motor Vehicles so that people convicted of drug offenses will be eligible to immediately obtain a driver’s license [instead of waiting for up to 5 years] and eliminate the $500 reinstatement fee.
  • Implement Restorative justice — an approach to community harm, to repair the harm caused by the event instead of punishing the person who committed the crime.
  • Compassionate release to allow terminally ill inmates to be released to the community.
  • Solitary confinement to revise how the Department of Corrections assigns solitary confinement to incarcerated individuals and especially juveniles.