Category Archives: Massachusetts Statehouse

Gov. Baker to sign justice reform bill today at 3 pm

By Katie Lannan
STATE HOUSE NEWS SERVICEbaker

STATE HOUSE, BOSTON, APRIL 13, 2018….Gov. Charlie Baker plans to sign a wide-ranging criminal justice reform bill into law Friday afternoon, advocates said.

“I have great news for you. Governor Baker plans to sign our bill, as is, at 3 p.m. today,” Cherish Casey of the Essex County Community Organization said at a State House press conference.

Casey’s declaration triggered applause and cheers from those in attendance.

The press conference was originally called to urge Baker to sign the bill but took on a celebratory mood as its backers thanked the lawmakers and others who got the long-awaited bill to the governor’s desk…..

As the press conference was unfolding, Baker was holding a meeting of his cabinet Friday morning at the State House.

Baker’s office confirmed he will sign the bill, at 3 p.m. in room 157 at the State House, and said he will also “discuss additional reforms that the administration plans to propose.”

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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 andMassachusetts statehouse and state legislators have passed dozens of bills to fill our prisons and jails. These bills often discriminate on the basis of race, ethnicity, income, social class, education, mental health and drug and substance addiction and abuse

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 
epoca filled the statehouse June 9, 2015 to let the judiciary committee know that the time for reform is NOW.

STORM THE STATEHOUSE! Reform within reach

Thanks to the continued actions of voters, Massachusetts state legislators are poised to take a giant step toward comprehensive justice and corrections systems reform by their Nov. 17, 2017 recess.

The state Senate passed an omnibus bill, S. 2185, on Oct. 27 contatining a series of reforms. The House introduced its own version, H 4011, An Act To Reform Criminal Justice this week, and they are expected to debate it Nov. 14 or 15.

The burning actions to take are: 

  1. Call and email your state rep AGAIN ! and remind him/her you support the SENATE version of reform, which covers more ground, and ask them to vote for amendments to strengthen the House version.

Ask like-minded friends to do the same- forward the note below. Identify your state rep & contact info here.

  1. Storm the Statehouse in person wearing buttons, t-shirts and stickers to broadcast your position.

There are several options.                                       summary of House justice reform bill

  • Weds. Nov. 8“Raise the Age Lobby Day”. Join young people of I Have a Future at 3 p.m.at the State House grand staircase.  https://www.facebook.com/events/776630415841283/
  • Monday, Nov 13, Greater Boston Interfaith Organization (GBIO)rally for comprehensive criminal justice reform, 1 p.m.at the State House grand staircase.
  • HIGHLY RECOMMENDED:Nov 14 or 15, attend debates in the House of Representatives to amend and discuss the particulars. Legislators want to see supporters in attendance. The sessions usually start at 11 am or 1 pm. More to come on specifics.

​Some aspects of the House bill we would like to see strengthened to be in line with the Senate version:

  • Raise the felony threshold to $1500. The House proposed it to be $750. It was last set in the 1980s at $250.
  • Allow greater permisiveness for juveniles to avoid incarceration, and to expunge their records.
  • Include the Romeo and Juliet clause to decriminalize sex between minors of the same age.
  • Provide pre-trial services and eliminate incarcerating people between arrest and trial because of poverty.

Here is an email to share with like-minded friends. THANKS for taking action. See you when we STORM THE STATEHOUSE next week.

STORM THE STATEHOUSE email to forward

Please call your state rep before Nov. 13 to encourage him or her to support  H4011, An Act Relative to Criminal Justice Reform. We are exhilarated to be on the cusp of giant steps of reform with the Omnibus Bill, the culmination of more than five years of baby steps.

Please share this email with like-minded friends anywhere in Massachusetts to encourage them to call and email their state representatives. The state Senate passed a stronger version of the Omnibus Bill on Oct. 27.

Attached is an info sheet with details on the House version of the bill.

Identify and optain contact info for your state rep here: https://openstates.org/

Please call, re-call and email your rep. If you get voice mail, ask for a return call from the rep and/or aide.

Here are talking points.

“My name is _____. I am a constituent of Rep._____. I am calling to urge Rep._____ to support H 4011, An Act to Reform Criminal Justice, during the House debate next week. This Omnibus Bill will bring much needed, long overdue, comprehensive reform to our state’s justice and corrections systems.”

“Activists and legislators have campaigned for reform for more than five years, to reduce the number of incarcerated people, to insure humane treatment while incarcerated, and to reduce recidivism.”

“Please support amendments that would more closely align the Senate and House versions of the bill.”

“Now is the time for reform. Many people believe that the system wastes too much money and destroys too many lives.”

“I will be watching to see how Rep. ____ votes on this bill, and share that information with my circle of friends in town. Thank you.”

THANK YOU

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

A cop explains restorative justice

Restorative justice is a way to prevent people from entering the prison and court systems, and eliminates creating young felons. A short stint of 24-48 hours in jail can change the trajectory of a life FOREVER. More than a dozen communities in Massachusetts have voluntarily signed up for this diversion program. See more here.

Restorative justice is an equitable way for the people, property owners and families of those who are impacted and perpetuated a crime to sit together in a circle, and talk about what happened.

State Senator Jamie Eldridge [D-Acton] has sponsored legislation to introduce restorative justice to every community in Massachusetts.  The bill has been introduced in several sessions and has failed to gain endorsement at the State House. Most people don’t understand what it is and how it works.

Restorative justice allows people to take responsiblity for what they did, and for all parties to understand the impact on victims, perpetuators and property owners. The process reduces the rate of recidivism and keeps people out of jail and prison.

CSG plugs along toward proposing reforms

In response to activists requests for justice and corrections systems reform and a plethora of bills before the state Legislature in the last 2015-16 term, Gov. Baker convened a 25- member panel of electeds and state bureaucrats. They have partnered with the Council of State Governments [CSG] to propose an omnibus bill [a multi-faced reform bill] in Jan. 2017.  What follows is an update on that process of monthly meetings from the State House News Servce, summarizing activity and research by the CSG, a neutral non-profit that advises state governments on best-practices.

By Katie Lannan
STATE HOUSE NEWS SERVICE

STATE HOUSE, BOSTON, SEPT. 20, 2016…..Discussions of recidivism and community supervision slated for this fall are among the final steps in a process policymakers hope will result in reforms to the state’s criminal justice system.

After months studying recidivism trends, drivers of incarceration and other elements of criminal justice in Massachusetts, researchers from the Council on State Governments Justice Center plan to gather with a 25-member working group in December to go over final policy recommendations.

Those recommendations would then become the basis for legislation expected to be filed in January.

The Justice Center’s review launched after Gov. Charlie Baker, Supreme Judicial Court Justice Ralph Gants, Senate President Stan Rosenberg and House Speaker Robert DeLeo reached out in August 2015, requesting support in an effort to study the system and institute new data-driven and cost-effective practices.

In a letter to center staff, the four officials expressed hope that the the analysis would help them “better understand how we can further reduce recidivism and enable successful re-entry, and whether we can further reduce our prison and jail populations through early release programs while ensuring appropriate punishment and preserving public safety.”

Baker, Gants, Rosenberg, DeLeo and Lt. Gov. Karyn Polito sit on a steering committee guiding the development of policy options.

The working group, which includes representatives from law enforcement, legal services, the judiciary, Legislature and executive branch, has held three public meetings so far, during which members have offered their reactions and suggestions to data presented by Justice Center researchers.

Three more meetings are planned for rest of the year, building towards a policy discussion before the start of the new legislative session in January.

The first, tentatively scheduled for the afternoon of Oct. 20, will explore prisoner release, reentry and recidivism, according to Justice Center spokesman Robert Busweiler.

A November meeting focused on community supervision will be followed by the December policy framework discussion, Busweiler said. Dates for those meetings have not yet been set.

Several criminal justice reform efforts this session stalled despite pushes from advocates and interest groups.

A series of Senate-backed bills — creating a medical parole program for terminally ill inmates (S 2433); raising the felony larceny threshold from $250 to $1,500 (S 2176); and a package of juvenile justice reforms including expungement of certain juvenile misdemeanor records (S 2176) — were not taken up in the House before the July 31 end of formal sessions and have remained before the House Ways and Means Committee.

New laws passed this session ended automatic driver’s licenses suspensions for most drug crimes unrelated to motor vehicles; banned the practice of sending women civilly committed for addiction treatment to a state prison in Framingham; and increased the penalties for trafficking of the opiate fentanyl.

Lawmakers have been awaiting the findings of the outside review before tackling other major justice system reforms.

Advocates, too, are watching with interest as the process enters its final months. The Jobs Not Jails Coalition, which rallied on Beacon Hill repeatedly last year in support of sentencing legislation and other reforms, is now working to determine its criminal justice priorities.

The coalition hopes to have its priorities finalized in October, and will then bring them to the steering committee of “decision makers” working with the researchers, said Lew Finfer, a coalition member and director of the Massachusetts Communities Action Network.

“There’s definitely a lot of things we think about,” Finfer said. He said potential reforms could be viewed through “three frameworks” — changes that would affect people before they are incarcerated, while they are in prison, and after release.

If new laws do result from the recommendations, Justice Center staff will then work with policymakers for two to three years, developing implementation plans, providing progress reports, and testifying before relevant committees. According to a January overview of the project, the state will be able to apply for federal grants to meet “important one-time implementation needs, such as information technology upgrades and ongoing quality assurance outcomes.”

Justice Center staff also plan to help state officials identify metrics and monitoring strategies to gauge the impact of new policies on crime, incarceration and recidivism.

END
09/20/2016

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Massachusetts needs DATA DRIVEN info on justice

This opinion piece — “MA is MIA on criminal justice reform” — in The Boston Globe on July 17, 2016, highlights how Massachusetts lacks one comprehensive system to collect and analyze data on our justice and corrections systems. With a common tool, all of the various agencies — the 14 jails jails, state Department of Corrections, sex offender registry, local and state police and more — could all share data for the common good.

Other states, such as Colorado, have invested in such technology, which officials and electeds from across the state meet monthly to analyze for economies of scale, service delivery, cost/benefit savings and more.

Right now, a working group appointed by Gov. Baker is working with the Council of State Governments [CSG] to evaluate the Massachusetts justice and corrections systems to make recommendations for legislative reform in Jan. 2017. A chronic complaint by the working group is the lack of accurate data. It’s ironic that the bureaucrats and electeds who have created, maintained and defend the broken system, now attack the poor data the CSG researchers present as indicators for needed reform. This article highlights the value of good data.

By Stephen Goldsmith and Jane Wiseman

LOCKING UP MILLIONS of Americans costs a lot of money. It comes with devastating social consequences. And it has produced a vast archipelago of institutions at the local, state, and federal level that’s too complicated for even those who administer small corners of it to understand in full.

The White House’s newly announced Data-Driven Justice Initiative aims to tackle these interwoven problems simultaneously by reducing the number of criminal defendants held in our local jails on pretrial detention orders. Seven states and 60 counties across the country have signed up so far.

Notably absent from this coalition: Massachusetts, which continues its silence on the critical issue of local criminal justice reform.

One of the cornerstones of data-driven justice is the use of risk assessment in the pretrial process — to keep dangerous defendants in jail awaiting trial and let low-risk ones remain in the community, staying connected to family and work, and paying their rent and their taxes. Keeping low-risk defendants out of jail awaiting trial has been shown to result in less crime and lower costs — in short, good government.

A thoughtful and ambitious bill crafted by Representative Tom Sannicandro of Ashland and Senator Ken Donnelly of Arlington would finally incorporate data into the pretrial decision-making process and bring Massachusetts in line with this growing reform movement. The bill is long overdue — the current statute governing bail and pretrial in Massachusetts dates to 1836. A hodgepodge of updates has been made over the years, but the law is in need of a total overhaul.

Beacon Hill should move on this timely and important legislation. Delay in moving to data-driven justice increases crime and cost and decreases fairness in our administration of justice.

The decision about release or detention should be based on a defendant’s risk of flight and likelihood of committing a crime before trial. Analyzing existing data about the defendant’s risk is far more objective than the current methods, too often a judge’s best guess about the defendant’s risk and a defendant’s ability to scrounge up bail money.

The tragic murder of Jennifer Martel at the hands of Jared Remy demonstrates the horrific result when data are not used in pretrial release decisions. Remy had 20 prior arrests, mostly for violent offenses. Yet a few days before he killed his girlfriend, after being arrested on assault charges, he paid a $40 fee and was released on his own recognizance.

For every Jared Remy, there are just as many indigent nonviolent offenders incarcerated for minor drug or petty larceny charges who cannot scrape together bail money and sit in our local jails while posing no threats to our communities.

How do data help? By looking at factual prior records and current circumstances, judges can have objective information to guide the decision about pretrial release. Data are blind to famous names and expensive lawyers. Nor are data swayed by a defendant’s ability to make bail.

Jurisdictions that do use data to make pretrial decisions have achieved greater fairness, lower crime, and lower costs. Washington, D.C., releases 85 percent of defendants awaiting trial. Compared to the national average, those released in D.C. are two and a half times more likely to remain arrest free and one a half times as likely to show up for court. The results are lower jail costs and lower crime.

This approach can also help stamp out some of the inequity in the criminal justice system because we know that under the current approach defendants who already have advantages (higher income, employment, stable housing, etc.) are released more often than those with fewer advantages (lower income, ethnic or racial minority, etc.), even for the same crime.

Data-driven justice is also cheaper. Defendants released on their own recognizance cost essentially nothing. For a defendant released and supervised while awaiting trial, the cost is 90 percent lower than the cost to incarcerate. How much could be saved by moving to risk-based pretrial decision-making? Experts say that up to 25 percent of those detained pretrial might be safely released.

While precise estimates are difficult to determine, assuming Massachusetts mirrors the national rate incarcerating 60 percent of criminal defendants while awaiting trial, data driven reforms in line with this new White House initiative have the possibility of saving taxpayers anywhere from $60 million to $150 million annually. One of the few states to quantify the value is Kentucky, which saves $100 million a year with risk-based pretrial decision-making.

With Governor Charlie Baker and State House leaders looking to fill a significant budget gap, we can’t think of a better way to save Massachusetts taxpayers millions annually while reforming a broken system that perpetuates inequality and does little to protect the public’s safety.

Stephen Goldsmith is the director of the Innovations in American Government Program at the Harvard Kennedy School’s Ash Center. He previously served as a prosecutor in Marion County, Ind. Jane Wiseman is a senior fellow at the Ash Center. Previously she served as assistant secretary of the Massachusetts Executive Office of Public Safety.