Category Archives: STORM THE STATEHOUSE

14 KEY Amendments & sponsors to H 4011

For all tireless justice and corrections systems advocates, H 4011, An Act to Reform Criminal Justice, is poised to be debated by the Mass. House of Representatives Nov. 12, 13, 14. Here are the latest amendments EMIT is advocating for. You can copy and paste and email to your state rep. Find your state rep here. 

NOW IS THE TIME to email your state rep! Don’t wait. We expect legislators to finalize it by Nov. 17.  Even if you’ve previously contacted your rep, the amendments and sponsors are NEW. Encourage him/her to co-sponsor & support them.

Dear Rep ___,
As your constituent, I urge you to vote for H4011, and to co-sponsor and advocate for the following amendments, to rebuild lives, prevent incarceration, and save money. Justice reform is bi-partisan and the Omnibus Bill offers a huge opportunity for all of us.
 
These amendments would enhance the bill significantly:
 

• Felony larceny threshold – Rep. Linsky:  Taise the level of what constitutes a felony to $1,500 — the level it would almost be if the threshold had kept up with inflation;


• Fines and Fees – Rep. Keefe:  Eliminate parole fees, and also public counsel fees for people who are indigent;

• Justice reinvestment — Rep. O’Day:  Track the savings generated from reducing the prison population, and reinvest half of it in job training, job placement, and other supports to further reduce unemployment and recidivism;

• Juvenile diversion — Rep. Cahill:  Allow statewide pre-arraignment diversion for young people;

 
• Juvenile expungement — Reps. Dykema, Khan and Decker:  Strengthen the House bill’s expungement provisions;  Rep. Khan is filing an amendment to allow some juvenile records to be sealed in 4 years (rather than 10);
 

• Mandatory minimums #1 – Reps. Carvalho and Keefe:  Repeal mandatory minimums for all non-violent drug sentences;

• Mandatory minimums #2 – Reps. Carvalho and Keefe:  Repeal the “school zone” mandatory minimum;

• Medical parole #1 — Rep. Connolly:  Make people with permanent cognitive incapacitation (think dementia) eligible, in keeping with the Senate bill;

• Medical parole #2 — Rep. Connolly:  Lengthen the terminal prognosis from 12 months to 18 months, in keeping with the Senate bill;

• Raise the age of juvenile jurisdiction — Rep. Carvalho and Rep. Khan:  Raise the lower age to 12 and the upper age to 19 ;

 

• Romeo & Juliet — Rep. Lewis:  Don’t prosecute teens who are close in age and engage in consensual sexual activity;

• School-based arrests — Rep. Vega:  Reduce school-based arrests for adolescent misbehavior like disorderly conduct and disturbing an assembly;

 
• Shackling — Rep. Khan:  Codify current court policy prohibiting indiscriminate shackling of juveniles;
 
• Solitary — Rep. Balser:  Further limit the use of solitary confinement and provide data on its use.
​Sincerely,
Your name & address
Advertisements

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.

States Lead the Way on Justice Reform

CreditDandy/John J. Custer

In New Jersey, voters and lawmakers gave judges more power to release low-risk defendants who can’t afford bail, letting them go home rather than sit in jail while they await trial. In Idaho, a new law created 24-hour crisis centers to help keep people with mental health issues from being locked up unnecessarily. Georgia and Louisiana established courts for military veterans accused of crimes. Hawaii funded programs to help reunify children with parents who are behind bars.

These are just a few of the hundreds of criminal-justice reforms that states around the country have put in place over the last two years, according to a new report by the Vera Institute of Justice.

While Congress continues to dither over a package of sentencing and corrections reforms for the federal prison system, the pace of bipartisan, state-level innovation is an encouraging reminder that there are ways to reduce the devastating impact of mass incarceration on families, communities and public safety. Nationwide, more than nine in 10 inmatesare housed in state facilities, so state reforms reach the vast majority of people in the justice system.

The Vera report draws three lessons from state experiences. First, long sentences do little, if anything, to deter crime. Second, community supervision is often safer, cheaper and more effective than prison for those convicted of low-level crimes. And third, the path from prison back to full participation in society is too often blocked by state and federal post-imprisonment penalties that make it extremely hard to establish a law-abiding life.

For decades, it was politically impossible to tackle these issues. But in 2014 and 2015, nearly every state adopted at least one measure to reduce the prison population, steer people away from prison (for example, through substance-abuse treatment programs) and smooth the way to re-entry for those coming out.

Many states have also taken steps to reduce or eliminate the use of long-term solitary confinement. In 2014, Colorado banned long-term solitary for those with serious mental illnesses, unless they pose a physical threat to themselves or others. In 2015, Nebraska banned the severest form of solitary, which isolated an inmate completely from all contact with other people.

Other states lowered sentences for drug and property crimes, increased opportunities for early release, and created housing and jobs programs to reduce the chances that those leaving prison would end up back behind bars.

Reforms like these are often associated with decreases in crime, or at least no increase in crime, which undermines the argument that public safety depends on doling out the harshest punishments available. For example, after California voters in 2014 overwhelmingly approved Proposition 47, a measure that sharply reduced penalties for low-level drug and property offenses, critics warned that jail populations would spike. In fact, the opposite has happened.

In Congress, however, some recalcitrant lawmakers still cling to outdated or incorrect beliefs about crime and punishment in America. They need to pay close attention to the ingenuity and the record of the states.

Driving toward legal driving

By Shira Schoenberg | sschoenberg@repub.com
Follow on Twitter
on March 23, 2016 at 2:30 PM

Beacon Hill

BOSTON – The Massachusetts House passed a bill on Wednesday repealing the automatic license suspension of anyone convicted of a drug crime.

“Over time, we’ve come to realize … a driver’s license, for someone who’s been convicted, paid their price, is important if we also want them to get back into society, get a job, support their family and meet those responsibilities,” said state Rep. William Straus, D-Mattapoisett, chairman of the Joint Committee on Transportation.

The bill, H.4088, passed the House unanimously, by a vote of 156-0, with little discussion.

Both the House and the Senate passed similar bills earlier this session, but differences between the House and Senate versions had to be worked out by a team of negotiators. That conference committee released a final version of the bill last week.

The bill will now go to the Senate and then to Gov. Charlie Baker. Baker has said he supports the concept behind the bill.

Under current law, established in 1989, anyone convicted of a drug-related crime, whether or not it relates to a motor vehicle, has his license suspended for between six months and five years. The offender must pay a fine of at least $500 to have their license reinstated.

The law was put in place during the federal war on drugs, as part of a crackdown on illegal drug use. Advocates for prisoners have since argued that the license suspension is unrelated to the crime, and the suspension makes it harder for offenders to reintegrate into society after they served their sentence. Massachusetts Attorney General Maura Healey has backed the bill, along with several sheriffs and district attorneys.

The bill that passed the House would eliminate the license suspension for most drug crimes – including the possession and sale of drugs. It would keep a five-year license suspension in place for anyone convicted of trafficking in cocaine, fentanyl, heroin or other opiates – although someone convicted of these offenses can apply for a hardship license.

Anyone whose license was already suspended would have it reinstated within 30 days of the bill being signed into law. Records of suspensions would be shielded from public access. The bill would repeal the current $500 license reinstatement fine.

A judge could still suspend someone’s license for a crime related to driving.

Visit your state rep to inform to reform — IT WORKS!

From Judy Gates of Marblehead

We can write letters, go to meetings, contribute money, but there’s no real substitute for face-to-face encounters.  That was evident to me again when I joined Susan Tordella of EMIT and two other activists at the State House last Thursday to visit members of our legislature in support of Bail Reform and ending Mandatory Minimum sentencing for drug crimes.  These are two pieces of legislation being considered by our state legislators, and are co-sponsored by many members of the bi-partisan Harm Reduction and Drug Law Reform Caucus.

Upon arriving at a legislator’s office, we asked to meet with an aide and who in the office had read “The New Jim Crow: Mass Incarceration in the Age of Colorblindness” by Michelle Alexander.  EMIT gave a copy of to all legislators last year. I was pleased that almost everyone was familiar with the book and that often more than one in the office had read it or were in the process of reading it.

The good news is that everywhere we went, searching out offices even in obscure corners of the State House, we found people willing to listen, who appreciated our fact-sheets on the two bills, and many asked questions.

As Susan says, it is essential to “Inform to Reform.”   As someone deeply committed to reform of our broken criminal justice system, I am encouraged by the rising level of concern across our country and the increased media coverage on the need for criminal justice reform.

The bottom line is that we need to make our voices heard and one of the best ways is to make an appointment with your state rep or senator, and/or walk into a legislator’s office and speak face-to-face to an aide or legislator.  Building relationships in this direct way can make a major impact on passing these laws and relieving suffering for millions of people.  I’m grateful to have been a part of it last week.

Join us Nov. 15 in Northboro with Sen. Jamie Eldridge

Ending Mass Incarceration, part of "The New Jim Crow" in Massachusetts, is part of criminal justice reform, led by State Sen. Stan Rosenburg, D Amherst. We must work together in Mass. to reform our criminal justice system and end the systematic incarceration of black, brown, poor, mentally ill and addicted people.

State Sen. Jamie Eldridge, D-Acton, is a progressive senator who constantly advocates for the underprivileged, to protect the environment and for civil liberty.

Sen. Jamie Eldridge, D-Acton, and Rebecca Miller, aide to Rep. Tom Sannicandro, D-Ashland, will preview upcoming legislation for the 2015 legislative session and give inside information on how to connect with and influence our state legislators.

The meeting gets rolling at 10:45 am with registration and coffee. The program starts promptly at 11 am and ends at 1 pm. Light refreshments served. Free. Handicapped accessible. Plenty of parking. If you need a lift from public transit – Green Line to MetroWest Transit, please contact susan . tordella at g mail . com.

Register here: http://www.eventbrite.com/e/end-mass-incarceration-training-tickets-13678989225

Bring friends who are outraged by the injustice of mass incarceration. Please share this notice with your networks.

We are building an ecumenical

statewide grassroots network to influence state legislators to pass a series of bills to return justice for all to Massachusetts, from revising pre-trial services to ending mandatory minimum sentencing.

Join a chorus of statewide advocacy groups working on this issue. We are stronger with many voices singing together loudly in many harmonies.