Tag Archives: legislation

It’s time for justice reform in Mass.

A poll out today from the policy group Mass INC is encouraging with 2-1 support for ending the long Mandatory Minimum sentences on drug convictions and for other reforms on CORI reform, felony theft threshold, reducing or ending fines and fees on ex-prisoners

WHEN IT COMES TO CRIMINAL JUSTICE REFORM, VOTERS WANT MORE — At least according to a new poll out this morning from MassINC Polling Group, which finds a bipartisan support for getting rid of mandatory minimum sentences and pursuing second chance reforms by a 2-1 margin.

Some 53 percent of voters believe incarceration currently does more harm than good – potentially opening the door for more aggressive reforms than are in the current criminal justice reform bill rolled out by Gov. Charlie Baker in February and backed by state House Speaker Robert DeLeo. State Senate President Stan Rosenberg, who supports the proposal, has also stated he wants to go further than Baker’s bill to delve into sentencing policy and bail practices – things this poll indicates the public has more of an appetite to pursue.

The poll also reveals bipartisan interest in reform, which could provide cover for both chambers in the legislature to pursue more progressive policies, like getting rid of mandatory minimum sentences and an emphasis on rehabilitation and prevention of future crimes – two things specifically favored on both sides of the aisle. “You see an appetite for changing things around, for trying something new and changing the realities of the criminal justice system of Massachusetts,” MassINC Polling Group President Steve Koczela told POLITICO. – Check out the toplines. Click on “Check out the toplines” for details of the  question and responses in the poll.

It’s important to organize meetings, calls, and letters to both your state representatives and senators that you support criminal justice reform and specifically name what that includes such as Ending Mandatory Minimum’s drug convictions and returning sentences to Judges, CORI Reform including reducing the number of years employers can see CORI’s to 7 years on felonies and 3 years on misdemeanors, reducing ending fines and fees like the $65 a month fee those on probation must pay, raising the threshold for what’s a felony from the 30 year old $250 level up to $1500, Diversion to Treatment, Juvenile Expungement and Raising the Age of Juvenile Court coverage.

–Thanks to Lew Finfer and Jobs not Jails for this update. Please submit YOUR post for this blog to emit.susan@gmail.com.

Bail Reformers Aren’t Waiting for Bail Reform

By ALYSIA SANTO

The nationwide movement for bail reform is advancing, gradually, through legislatures and courts. Just last week the U.S. Department of Justice filed a friend-of-the-court brief with the 11th Circuit Court of Appeals, arguing for the first time at this level that putting defendants in jail because of their inability to pay bail is unconstitutional. The appeals court is considering the case of a man in Calhoun, Georgia who was kept in jail for six nights on a misdemeanor charge of being a pedestrian under the influence because he could not afford $160 bail.

Meanwhile, bail reform advocates increasingly are taking direct action: raising charitable funds they use to put up bail for defendants too poor to pay their way out of jail.

These funds have sprung up in recent years in cities across the country, including Boston, Brooklyn, Nashville, and Seattle. Similar funds are currently being explored in St. Louis, Miami, Cincinnati, Oakland, Philadelphia, and Austin. Because bail is typically returned as long as a defendant meets his court obligations, bail funds can be used repeatedly to bail out more people.

Most proponents of bail funds see their work as a form of political resistance, using charity to chip away at a system they believe should not depend on money. “Our overall goal is to end money bail,” said Sharlyn Grace, co-founder of the Chicago Community Bond Fund, which has paid roughly $160,000 for the release of over 30 people, including $35,000 for a woman charged with killing her allegedly abusive husband. “One thing we’re clear about is that we don’t want to exist,” she said.

That is not what motivates the most recent potential entry into the bail fund world. The American Bail Coalition, a trade group for insurance companies that underwrite bail, is considering setting up a charitable bail fund of its own. This represents a change of tune for an industry that has repeatedlydenied that bail often leaves poor people languishing in jail while the well-to-do go home. “It does happen, so I think we need to admit that,” said Jeff Clayton, policy director for the industry coalition, although he insists the inequities aren’t as widespread as bail reform advocates claim. “We can do some good if we put our mind to it.”

Critics of bail suspect the insurance companies’ fund, if it materializes, is part of a public relations campaign to soften the industry’s image and slow the pace of serious reforms.

“The insurance companies think if they do a bail fund, that will slow down the progress of eliminating money, because then they can say, ‘Look, we don’t need bail reform, we’re making progress through bail funds,’” said Tim Schnacke, a bail critic who has analyzed and written extensively about bail systems.

“A national bail fund sponsored by the bail bondsman?” said Cherise Fanno Burdeen, the executive director of the Pretrial Justice Institute. “That’s like a free sample of heroin from a drug dealer.”

Burdeen said bail funds — whether run by the industry or its critics — are unlikely to interfere with bail reform efforts, because lawmakers around the country are more concerned about the other end of the bail system: dangerous people with the means to buy their way out, who may commit new crimes.

“The public safety element of this is more important to stakeholders than poor people who can’t post bond,” said Burdeen.

Bail funds, proponents say, are serving as laboratories of sorts, testing the long-held belief that defendants are more likely to behave themselves and show up for court dates if they have money at stake. The Bronx Freedom Fund, which is an outgrowth of a public defender office, says it has bailed out more than 600 people charged with misdemeanors since 2007. Although they had none of their own money on the line, the vast majority, 96 percent, returned for their court dates, in some cases as many as 15 appearances. Fifty-five percent had their charges dismissed entirely; many of them probably would have pled guilty if the fund had not freed them.

“Anybody will plead guilty to go home, and everybody knows it,” said Robin Steinberg, co-founder of the Bronx fund. “This model allows us to prove that point while freeing people in the meantime.” Steinberg said she is working to establish a national bail fund, called the Bail Project, that would provide seed money and technical assistance in communities across the country. They hope to launch in the fall.

Bail funds have an array of origins and structures. The Massachusetts Bail Fund was started in 2013 by a group of defense attorneys and social workers. The fund uses a scoring tool to help assess each applicant’s potential to appear in court and caps charitable bail at $500 per defendant. TheConnecticut Bail Fund, expected to launch this September, was organized by a group of Yale students who are now working on getting their state bondsman licenses (a requirement to post bail in some states). The Lorena Borjas Community Fund in Queens works to raise bail money for transgender women of color, mostly sex workers. And New York City Council Speaker Melissa Mark-Viverito is also working to establish a bail fund. Other funds were started by local activists protesting police violence, including bail funds in Baltimore, Oakland, Ferguson, Cleveland, and most recently, Baton Rouge, where nearly $300,000 was raised to help bail out protesters after Alton Sterling was shot by white police officers.

Laws in some states and cities make it far more difficult to sustain bail funds. When Just City, a nonprofit in Tennessee, tried to establish a bail fund in Nashville and Memphis, the group encountered an obstacle: in some parts of Tennessee, courts deduct fines and fees directly from a person’s bail deposit, regardless of who posted it; this threatened to slowly drain the fund. Nashville officials agreed to make an exception and return money to bail funds without deductions, but Memphis was less accommodating, and Just City has suspended its plan for a bail fund there.

The Massachusetts Bail Fund had early success, bailing out hundreds and documenting a 60 percent case dismissal rate for their clients. But the money ran out. “The need seems to be bottomless,” said Atara Rich-Shea, the fund’s operations director. She said getting the money back has been a challenge because the organization isn’t always notified when a case has concluded. They anticipate reopening in September.

This summer, the Chicago Community Bond Fund temporarily limited the number of new clients it accepts to focus on replenishing the fund. The fund is relying on success stories to help them raise that money. One recent client was Steven Cordon, 23, who was accused of having 1.6 grams of crack cocaine and was booked into Chicago’s Cook County Jail this April because he didn’t have $2,000 to bail himself out. He pleaded not guilty to drug possession and sat behind bars for a month awaiting trial before the Chicago fund was alerted to his case. The fund paid for his release on May 1, and four days later, a judge dismissed the charges, citing a lack of probable cause.

Cordon’s lawyer, Borjan Kovacevic, said the case could have gone much differently if Cordon hadn’t been bailed out. As a defense attorney, he has had numerous clients who pleaded guilty against his advice, he said, because they are desperate to be free. “I knew for a fact they were innocent, but they’re scared, they’re getting beat up, and all they can think about is getting out of there,” Kovacevic said.

Bills Related To Increasing Penalties for Interfering with Police

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)

Co-sponsors: None

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,

Save the date: June 9 Judiciary Committee hearing at Gardner Auditorium, Statehouse 1pm

To support criminal justice reform, you can contact members of the Judiciary Committee of Massachusetts before the June 9 hearing and if possible, attend hearing at Gardner auditorium at 1 pm. EPOCA will be sponsoring buses and possibly a rally before the hearing.

Justice will be restored and our prison population reduced ONLY through a series of bills passed over a number of years. In January, state legislators introduced many bills for justice reform for the 2015-16 session on Beacon Hill. The next step is for the Judiciary Committee [and other committees] to hold hearings and a favorable reference for each bill so it can be debated and voted on the floors of the Senate and House on Beacon Hill.

You can have impact by attending the hearing, and/or through  calls, letters and especially face-to-face visits with your legislator. See this link for a list of Judiciary Committee members. Even if your legislator is not on the Judiciary Committee, you can still call and write to the members and advocate they support reform.

Here are some of the bills supported by EMIT and maybe heard on June 9, 2015. For a complete list of bills, go here.  fact sheets on each bill, go here.

    1. Repeal Mandatory Minimums – (S 786 Creem) (H 1620 Swan) to allow judges to determine sentences to fit the crime for drug offenders. These laws contribute to the cost of prison and jails, and to their overcrowding.
    2. Pre-trial and Bail reform – (S 802 Donnelly) (H 1584 Sannicandro), to transition from a bail system based on ability to pay, to a system to determine if someone is not a danger to others, and will show up for court.
    3. Implement restorative justice programs – (S 71 Eldridge) (H 1313 Garbally), to provide an opportunity for offenders to repair the harm caused by the event, as opposed to punishment and incarceration.
    4. Extraordinary Medical Placement – (S 843 Jehlen) (H 1628 Toomey), to release terminally ill inmates to the community. The state spends an inordinate amount of resources to care for seriously ill incarcerated people who are no longer are a threat to public safety. We are one of the few states without this law.
    5. End collateral sanctions at the Registry of Motor Vehicles – (S 1812 Chandler) (H 3039 Malia), to remove the penalty that a drug offender loses driving privileges for up to five years and pays $500 or more to reinstate.
    6. An act to Increase Neighborhood Safety and Opportunity – (S 64 Chang-Diaz) (H 1429 Keefe). This Omnibus Bill will improve the Commonwealth’s criminal justice system, and re-invest in education and job training.
    7. Caregivers bill—(H 1382 Holmes) to establish community-based sentencing alternatives for primary caretakers of dependent children, charged with non-violent crimes, to alleviate harm to families and communities.
    8. Solitary confinement – (S 1255 Eldridge) (H 1475 Malia) to ensure appropriate use of segregation in prisons and jails that will also reduce recidivism and curb unnecessary spending.

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.

Give young offenders a break- show your support

The Redeem Act is being proposed in the U.S. Senate to wipe clean the records of non-violent juvenile delinquents. 
 
Here is the link for folks to sign their name: http://act.corybooker.com/page/s/criminal-justice-reform?source=em140708