Tag Archives: massachusetts

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
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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]

OK Bay State, catch up with Louisiana

The governor of Louisiana just signed 10 bills to overhaul their justice and corrections systems. Massachusetts sadly lags behind reform. We in Massachusetts must copy Louisiana, where grassroots activism, testifying at the statehouse and in the media, and direct, face-to-face contact with their elected officials fueled success.

 

CONTACT ME, emit [dot] susan [at] g mail if you live in Massachusetts and want EMIT to to assist you to take the most effective action: making a face-to-face visit with your state rep, near where you live. Find your state rep here. It’s your state rep’s JOB to listen to your concerns and requests.

We have held small group dialogues of constituents with with dozens of lawmakers from across the state, including Robert DeLeo, D-Winthrop, speaker of the House of Representatives.

To enact comprehensive reform similar to Louisiana, a series of bills is required. The sponsors of each bill insure they have support before asking Speaker DeLeo to bring a bill forward for a vote of the whole body.

We must capture the attention of every state representative this session, which runs from January 2017-July 2018. Take action today and contact EMIT — emit [dot] susan [at] g mail. We have a team of volunteers standing by to set up appointments and attend them with you and a small group of other registered voters from your district.

FREE event 6/16 at Harvard Law on redefining prosecutor’s role

prosecutor's role in Massachusetts

Friday, June 16, 20179:30am4:30pm
Wasserstein Hall, Harvard Law School, Cambridge, MA

Join the Houston Institute and the ACLU for a daylong conference at Harvard Law School titled: “Redefining the Role of the Prosecutor within the Community.”

Prosecutors are key actors within our current justice system and possess an enormous amount of discretion about who is charged, for what, and the severity of the sentence received. Additionally, prosecutors wield power in state legislatures, in determining how tax dollars are spent, and in prioritizing rehabilitation or retribution in these decisions.

Yet, we know surprisingly little about how these decisions are made, why, and the pressures and incentives that inform prosecutorial actions and cultures. In the past several years, grassroots organizations, justice reform advocates and scholars have taken a more critical look at the role of prosecutors in building historic rates of incarceration, and have begun to define a more expansive set of metrics for measuring their performance.

In the morning, we will identify and discuss new models for prosecution and hear from former prosecutors about their experiences and insights. We will then hear brief presentations from economist John Pfaff about his research regarding the impact of prosecutorial decisions on incarceration rates, and from Measures for Justice on new ways to measure “justice outcomes” within a community. Our afternoon panel and ensuing discussion will focus on creating and implementing models for community engagement and oversight.

Confirmed speakers/organizations include:

  • Adam Foss
  • John Pfaff, Author of Locked In: The True Causes of Mass Incarceration and How to Achieve Real Reform
  • Measures for Justice
  • Miriam Krinsky, Fair and Just Prosecution
  • Color Of Change
  • PICO

This event will be free and open to the public. More details to come!

RSVP Here

June 5 & 19 Judiciary Hearings Set

Activists are preparing to fill the hearing rooms at the Statehouse when the Judiciary Committee – where most bills for justice/corrections reform are heard, reviews juvenile justice, CORI reform and more.

We recommend using public transit or taking the bus from Worcester on June 5 and June 19 hearing. See below for info.

1. Monday June 5 at 1:00 in Room A 1
Hearing covers
  a. Justice Reinvestment Act, CORI reform, Ending punitive Fines and Fees, Raising the Felony Theft Threshold,Ending Mandatory Minimum Sentences on Drug Convictions etc.
  b. Juvenile Justice bills on the Expungement of Juvenile Misdemeanors and Raising the age of those covered under the Juvenile Justice system.
2. Monday June 19 at 1:00 probably in Room A 1 AND Proceeded by 12:00 Rally at place to be determined at the State House
Covers Repeal of long Mandatory Minimum sentences on drug convictions
Covers the Governor’s CSG bill with the limited reforms it calls for
Covers bills on Solitary

STAND IN SOLIDARITY TO SUPPORT CRIMINAL JUSTICE REFORM WITH EPOCA ON JUNE 5TH.  BUSES LEAVING FROM 4 KING ST.WORCESTER,MA.

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.

Prisons becoming nursing homes

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The Sentencing Project logo
A new report by The Sentencing Project, Still Life: America’s Increasing Use of Life and Long-Term Sentences, finds a record 206,268 people serving life with parole, life without parole, or virtual life sentences in 2016—one of every seven people in prison.

The report, authored by senior research analyst Ashley Nellis, provides a comprehensive analysis of individuals serving life sentences, including the first-ever census of those serving “virtual life” sentences of 50 years or more. Extreme prison sentences are a nationwide phenomenon, but in eight states — Alabama, California, Louisiana, Maryland, Massachusetts, Nevada, New York, and Utah — at least one of every five prisoners is serving a form of life in prison.

Racial disparity in the prison population is also a hallmark of mass incarceration and the composition of the population serving life reflects this stark disproportionality. Indeed, one in five African Americans in prison is serving a life or virtual life sentence. In Alabama, Georgia, Illinois, Louisiana, Maryland, Mississippi, and South Carolina, two-thirds or more are African American.

The report concludes with recommendations to address the outsized life and virtual life population:

  • Eliminate life without parole and dramatically scale back other life sentences;
  • Improve the process of parole;
  • Increase the use of clemency and authorize other mechanisms to adjust overly punitive sentences.

We hope you will help us spread the report’s eye-opening findings about the United States’ historic incarceration levels and advocate for change.