Tag Archives: Mass.

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.

Post CSG- we need you at May 15 meeting

From Mass. Criminal Justice Reform Coalition

“There is no issue more worthy of our efforts, and no time left for inaction.”
Massachusetts is at a crossroads. For years, leaders at the highest levels of state government have been promising to take on comprehensive criminal justice reform; to mine the data, to develop policies based on what we need and what is proven to work, and to bring these proposals forward for a vote. In the summer of 2015, we saw a first step in this direction when the Speaker of the House, the Senate President, the Governor, and the Chief Justice of the Supreme Judicial Court united to commission the Council of State Governments (CSG) to review and analyze our criminal justice system data and the outcomes we are producing.
 What the CSG found was staggering. Fewer than half of those incarcerated in state prisons complete the recidivism-reduction programming recommended for them prior to their release. People involved in the criminal justice system (at every stage) have high substance abuse and/or mental health treatment needs that are going unaddressed. Our state lacks a standardized system for collecting data at all levels of the justice system, making tracking trends and outcomes difficult. Of course, making changes to all of these aspects of our system should be a priority.
 
But what the CSG didn’t find, or rather, what it was never tasked with looking into, is just as troubling. Absent from the CSG study was any focus on front-end problems, like the cash-bail and pretrial process, or sentencing reforms, like eliminating mandatory minimum sentences in drug cases and raising the felony threshold for low-level property crimes. Without a holistic look at how our justice system operates, from the beginning of the pipeline to the end, we are bound to continue the kinds of costly, racially disproportionate, and unjust policies that have brought us to the realities we’re facing today.
 
While Massachusetts is sometimes lauded for a low overall incarceration rate compared to other states, we must look, again, at what this perspective leaves out. Incarceration in every US state is significantly higher than in many other countries. Our own incarceration rate has tripled since the 1980s, before the “tough on crime” era picked up steam, and exceeds that of China, Canada, and Germany by significant margins. For some perspective, if the Bay State was a country, we’d be among the top 15% highest per capita incarcerators in the world.
 
Where our own residents are concerned, decades of racially biased sentencing policies have had an overwhelming and irrefutable impact on communities of color, both in regard to the individuals we are locking up and to the neighborhoods they leave behind. While Blacks and Latinos make up less than one-fifth of the state population, they account for more than half of the incarcerated population in our state, and they represent about 75% of those convicted of drug crimes that carry a mandatory minimum sentence. Addressing these issues must also be a priority.
 
Following the release of the CSG report in February, which provided a starting point of “low hanging fruit” criminal justice investments, and looking forward to the public hearings on a variety of criminal justice proposals slated to commence in the coming months, we must make a collective decision to make comprehensive reform a real priority. We must fight for a package that includes pretrial and sentencing reforms at its core, and we must do it this session.
 
I was proud to join my colleagues in the Black and Latino Legislative Caucus, the House Progressive Caucus, the Harm Reduction and Drug Law Reform Caucus, and the Women’s Caucus’s Justice Involved Women’s Task Force at a press conference last week to stake out this agenda in the legislature. It is going to take a significant effort on our part to maintain this momentum, and to work with House and Senate Leadership to craft legislation that will accomplish our goals. But there is no issue more worthy of our efforts, and no time left for inaction.
Sonia Chang-Diaz    State Senator, Second Suffolk District
Register for the fourth annual Criminal Justice Reform Coalition Policy Summit
 
May 15, 20178:30am-12:00pm
Omni Parker House, Boston
The annual Criminal Justice Reform Coalition Summit brings together 300 leaders from around the Commonwealth interested in comprehensive reform. Participants include elected officials, policy makers, public safety and corrections officials, advocates, and civic and religious leaders from Massachusetts and beyond. Learn more…

 

This documentary on solitary is powerful & memorable

Maine and Mississippi have both reduced use of solitary, also known as “segregation” or “SHU-Special Housing Unit,” by 70 to 80 percent. We are rallying to end this cruel and unusual punishment in Massachusetts that typically makes matters worse instead of better.

PBS Frontline has crafted a powerful 2-hour documentary, “Last Days of Solitary” available online for free. What makes this film so remarkable is that it humanizes the most dangerous and difficult to reach people who are incarcerated, and it takes us behind the barbed wire into places usually hidden from the public.

The camera brings us face-to-face with caged people in Maine, while officials transitioned 92 people back to general population over a few years, leaving eight in the unit. The new approach saves the state an estimated $1 million a year because staffing solitary is so labor intensive.

This film is a must-see. Even watching 30 minutes will inform you on why and how we can change this practice often negatively impacts people for years, and does NOT necessarily add to institutional security.

Prisoners Legal Services of Massachusetts, a champion of rights of the incarcerated, created a 7 minute video of testimonies from Massachusetts residents who have suffered the torture of solitary.

Here is a sampling of bills Massachusetts activists are endorsing during the 2017-18 session. Please contact your state legislator, set up a face-to-face meeting and encourage him/her to support the bills.

Solitary Confinement Reform (S.1306/H.3071)

Lead Sponsors: Sen. Cynthia Creem, Rep. Ruth Balser, Sen. Jamie Eldridge, Rep. Russell Holmes . These bills would end the practice of sentencing prisoners to long periods of isolated confinement. They would divert vulnerable groups (youth, pregnant women, those deaf, blind or in protective custody, prisoners with     serious mental illness or likely to deteriorate, away from solitary confinement.

To Collect Data Regarding Solitary Confinement in MA Prisons (S.1286/H.3092)

Lead Sponsors: Sen. Sonia Chang-Diaz and Rep. Christopher Markey. Massachusetts corrections facilities are not required to make public information regarding our state’s solitary   confinement practices. This bill would require quarterly data relating to solitary confinement, including the age, disability status and racial composition of inmates, the length of time spent in solitary and the number of suicides.

Segregation Oversight (S.1297/H.2249)

Lead Sponsors: Sen. Cynthia Creem and Rep. Ruth Balser. This bill would create a solitary confinement oversight committee to review data and make recommendations on the use of solitary confinement in Massachusetts.

 Promote Humane Conditions of Confinement (S.1296 / H.2248)

Lead sponsors: Sen. Cynthia Creem and Rep. Ruth Balser. Vulnerable populations, including those who have serious mental illness, should not be placed in solitary confinement. Those who are placed into segregation should have full access to regular mental health treatment, facility programming, disability accommodations and other humane services.

 

Send holiday REFORM greetings

EMIT doesn’t ask for money [we are all-volunteer] during the holidays. Instead, all year round, we ask for a thin slice of your time to add to the chorus in the wave of justice & corrections systems reform in Massachusetts.
With the CSG report due out imminently, take a minute to contact Gov. Charlie Baker and/or Speaker Robert DeLeo and encourage them to adopt  justice reinvestment — which means investing in jobs, education, job training and support for small business startups in urban communities hardest hit by mass incarceration.
The theory is to roll over money saved by fewer people behind bars and use it productively to start a new life for formerly incarcerated people.
See more info here in this Globe story from yesterday on the outdated state of our justice and corrections systems.  Here’s Speaker DeLeo’s and Gov. Baker’s contact info. My sample email follows- feel free to copy and paste and edit in your correspondence.
Dear Speaker DeLeo:
During this time of hope and celebration, I urge you to think of the 10,000 people in free public housing in our state’s prisons and jails. 
We are not the worst offender in the Union for lack of justice, however, there are MANY more reforms possible than covered by the CSG. I urge you to go further and rollover the money saved by incarcerating fewer people, getting rid of the bail system that favors the rich and guilty, and reinvesting it in urban communities hardest hit by incarceration. Please do everything in your power to adopt justice re-investment in the coming legislative session.
THANKS AND Happy Holidays from the EMIT team.

Save 12/12 & 12/13; Plan for 2018

Sign a petition to end the unfair Electoral College that delivered Bush II and Trump, whose opponents won the popular vote. This antiquated tradition emanates from 1776 when our wealthy white founding fathers deemed that the people could not be trusted with the responsibility to directly elected the president. 

If California had its proportional number of electoral college 200 votes, instead of a measly 50, we would be feeling less afraid today for America’s future.  Click here to learn more and make others aware of the necessity to dump the Electoral College.

SAVE Monday, Dec. 12, 7-8 pm. Join a statewide EMIT conference call to hear updates on the Council of State Government’s process to evaluate our justice/corrections systems, AND what legislation they are proposing to Beacon Hill, based on their neutral research. 

SAVE Tuesday, Dec. 13, 10 am, Boston. Join our allies, Jobs not Jails, at a rally/press conference across from the State House at 140 Bowdoin Street, Church of the New Jerusalem to call on the four state leaders filing the criminal justice reform to include the six proposals of the Jobs NOT Jails Coalition.

Make our votes count – other states give hope for 2018 election — in this article from The Nation. In Massachusetts, 14 district attorneys  will be up for re-election. We need to support alternative candidates who do not intimidate the accused and force plea deals to avoid trials. We have the power to elect sane district attorneys who embrace restorative justice. Many Massachusetts sheriffs ran with no opponent for 6-year terms. We  must levereage our power through voting and running for office. 

Election Night Saw Victories in Local Criminal-Justice Reform—This Should Be the Beginning

Local prosecutor and sheriff races are winnable and build power.

  • Joe Arpaio Protest

For progressives, winter came early this year. It started around 8:30 pm on Tuesday, November 8 and has been growing steadily colder ever since. Republican control of the White House, the House of Representatives, and the Senate, does not bode well for a range of issues close to the heart of American progressivism, from health care to immigration to the environment.

But, amid a sea of bad news that evening, there emerged an island of hope. It came, of all unlikely places, in Jefferson County, Alabama, home to Birmingham. On Wednesday morning, Brandon Falls, the incumbent Republican district attorney, conceded that he lost his seat to Charles Todd Henderson, who became the first Democrat to be elected district attorney in over a decade. Henderson won his race in deep-red Alabama by promising to end “mass incarceration of those with drug addictions and mental illness,” and by revealing that he is “not supportive of the death penalty nor incarcerating our children in adult jails and prisons.”

Henderson’s victory in Birmingham is no fluke. Until last year, district-attorney races tended to fly under the public radar. Elected prosecutors were routinely reelected, often running unopposed and, as a result, served for decades. When they did bother to campaign, their slogans frequently highlighted a record of sending as many people to prison for as long as possible. But that recipe for electoral success is changing. And, with increased attention to these races from extraordinary faith-based groups, community advocates, and local journalists, as well as an influx of support from national donors such as George Soros, progressive challengers are gaining footholds in local races across the country.

In Harris County, Texas, which includes Houston, Republican Devon Anderson lost her seat to challenger Kim Ogg, who has promised to overhaul drug prosecutions and has criticized the DA’s office for seeking the death penalty too often. The same basic story emerged in Hillsborough County, Florida, which includes Tampa, where incumbent Republican Mark Ober lost to challenger Andrew Warren. Earlier this year, elected prosecutors lost their primary races to more progressive, reform-minded candidates in Albuquerque, Chicago, Denver, and Jacksonville. In Corpus Christi, Texas, Mark Gonzalez, a criminal-defense lawyer and Democrat with the words “NOT GUILTY” tattooed on his chest, became the district attorney–elect this week.

These local electoral victories are not limited to prosecutor races. In Maricopa County, Arizona, Sheriff Joe Arpaio, infamous for his fearmongering, cruel and degrading tactics, and barbaric crackdown on immigrants, lost his election. The Harris County sheriff was defeated as well. Nor does the momentum for reform within local district-attorney and sheriff offices exclusively revolve around elections. In Seattle, a partnership among community groups, the public defender, law enforcement, and the King County District Attorney’s Office led to the creation of the Law Enforcement Assisted Diversion program, which steers people arrested for drug offenses and prostitution away from prosecution and into services aimed at decreasing recidivism such as drug treatment and job training. LEAD, which began in Seattle in 2011, spread to Santa Fe, New Mexico, in 2014, and to Albany, New York, earlier this year.

These victories represent tangible progress in the ongoing struggle among a dedicated band of progressive advocates in the fight for a more humane and sensible justice system, one that strives to keep us safe while simultaneously treating people fairly and conserving taxpayer dollars.

More importantly, though, this string of successes shows the enormous promise of focusing on both criminal-justice reform and American progressivism more broadly at the local level. While significant advances in climate change and immigration reform require congressional action, criminal-justice reform is an entirely different beast. The center of gravity for meaningful reform tends to be local. Should police officers use stop and frisk tactics? Conduct invasive raids of homes while investigating nonviolent offenses? Use military style vehicles? Those are decisions made by individual police departments or city councils, and are influenced by community advocates. Should prosecutors ask for bail, and how much? Prosecute nonviolent drug possession cases? Prosecute homelessness related offenses, such as sit-sleep-lie bans? Transfer juveniles to adult court? Seek the death penalty? For those decisions, too, local politics matter.

Local criminal-justice reform also serves as a bulwark against the worst impulses of Trumpism. What happens when a Donald Trump Justice Department, perhaps led by Rudolph Giuliani, refuses to intervene when a local police chief suppresses the speech of citizens who are protesting? How about when law enforcement fails to address targeted attacks on our most vulnerable citizens, such as ripping off a Muslim woman’s hijab? Mayors appoint police chiefs. So, here, too, local politics matter. If Trump continues to say that the Central Park Five should be executed, advocate for a national stop-and-frisk program, or claim falsely that the murder rate is at a 45-year high (it is not; in fact, 2015 had one of the lowest rates in 45 years), this use of the bully pulpit may stir local law enforcement and prosecutors into retributive excess. Resources and attention at the local level are an antidote to this fearmongering, allowing advocates and journalists to douse the flames before they can commence a second age of mass incarceration.

The election of Donald Trump may send forth global tremors in many areas. But it changes very little on issues related to criminal-justice reform as practiced at the local level. Roughly 50 million people live in just 15 of the counties that Clinton won this week. Some of these counties voted for Clinton by a margin of 2-1. If disheartened citizens and advocates chose to refocus their resources and attention to pushing reforms in these places, they could quickly see significant gains in the battle to end mass incarceration and help secure relief for millions of Americans.

Moreover, in 2017, there will be district-attorney races in several progressive strongholds. We know that there are over 100 such races in 2018. And that number does not include sheriff races. Nor does it include city-council members and county commissioners who shape budgets and priorities or mayors who appoint police chiefs. Progressive power could be particularly potent in urban areas, where so many progressive advocates reside, and where the need for reform is profound. Unlike at the federal (and often state) level, the population most burdened by overzealous prosecution and policing also possesses the most power to influence local politics.

Criminal-justice reform is not among many progressives’ priorities, but this local analysis shows why it should be. First, in places like Durham, North Carolina, traditional Democratic strongholds with large black populations situated in swing states, investing in local criminal-justice reform could help with voter turnout in 2018 and 2020. Given the narrow margins that tend to accompany wins in states like North Carolina, voter mobilization in these locations is incredibly important for progressives. Investment in criminal-justice reform at the local level creates a strong infrastructure that includes organizers, church leaders and civil-rights organizations. Unlike “out-of-town swoop down” get out the vote efforts, local power in the criminal-justice space draws on strong preexisting relationships, communications channels, and mobilization infrastructure. Most importantly, though, creating the energy to mobilize around local races serves as an insurance policy against national candidates who are less than inspiring.

One reason Clinton lost Ohio, Michigan, Pennsylvania, and Wisconsin—all by relatively small margins—is a persistent inability to connect with working-class white voters. Criminal-justice reform is an issue that can bridge this divide. Most people—black, white, brown, and Asian—have a family member, a neighbor, or a friend who struggles with mental illness and addiction. For many of us, and especially for those who struggle financially, those addictions inevitably intersect with the criminal justice system. White people, too, and especially marginalized white people who feel that government has abandoned them, struggle to pay overly punitive fines and fees, languish in jail because they cannot afford unnecessarily high bail, and struggle to find employment after convictions for marijuana possession and other low-level offenses. White people, too, are treated as disposable by the criminal-justice system.

There is also an opportunity to connect the massive taxpayer investment in stop-and-frisk and other programs that do not reduce violent crime with overly intrusive government, overzealous and unaccountable public servants, and colossal misuses of resources. Indeed, these are exactly the rationales that have propelled conservatives and libertarians, such as Right on Crime and the Koch brothers, into criminal-justice reform.

Finally, focusing on criminal-justice reform, especially at the local level, helps to create a pipeline of future progressive leaders. First, as an issue, criminal-justice reform is particularly compelling and often very personal, especially among those who have watched our broken system destroy the lives of family members and neighbors. A strong, progressive local criminal-justice reform community is able to attract and recruit the next generation of prosecutors, sheriffs, and other local officials.

These local officials become powerful in statewide prosecutor and police associations, groups with enormous influence at the statehouse, and often become state legislators, judges, attorney generals, and governors. Kamala Harris, who was elected to the United States Senate this week, is a striking example. She started as the district attorney of San Francisco County, became California’s attorney general, and now she’s headed to Congress. Who knows, perhaps the pathway from criminal-justice reformer to progressive visionary will take her all the way to the White House.

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.

Justice & Equity Conference Saturday

When:          Sat., Oct 1, 9:30 Registration, 10 am to 2:00 PM – Lunch Included.
Where:         All Souls Unitarian Universalist Church
                        196 Elm St,, Braintree – Handicap accessible, Free.
Who:              YOU – open to the public, along with activists

This is a crucial time in the struggle for equity, issues of faith and the need for action.

Presenters will discuss justice and corrections reform in Massachusetts and the anticipated impact of the Council of State Government Study with recommended reform in Dec. 2016.
Hear from a formerly incarcerated person on what it’s like to be at the mercy of the Commonwealth’s justice system; as well as alternatives to courts and prison, such as restorative justice, and what you can do to support sane alternatives.
Another panel inform people on the progress of the Fair Share Amendment and what you can do help get this passed.

Join us for lively discussion and plan to the next steps on how individuals, groups and congregations can join the movement for justice.
Save the date – What do sheriffs do and why should I care?
When:         Monday, Oct. 24, 7-8 pm
Where:         From the comfort of your own home
Call in:         605 475 5900  access 618-9987#
 
Why:            Find out how the 14 county sheriffs in Mass. impact the county jails and who                             is up for election.
Who:           Activist Angel Cosme of Brockton Interfaith  will share information on why                               voters must care about this powerful role that impacts incarceration and                                    recidivism.