Category: Criminal Justice

Should ‘lifers’ get a chance for parole?

Bill would make those serving life sentences eligible for hearings after 25 years

 SARAH BETANCOURT Feb 28, 2019

SOME BEACON HILL LAWMAKERS are making another push for legislation that would allow the 1,050 Massachusetts inmates serving life prison sentences to be eligible for parole hearings.

Rep. Jay Livingstone of Boston and Sen. Joseph Boncore of Winthrop have filed legislation that would allow all those serving life sentences – most of whom are in prison for murder – to be eligible for a parole hearing after 25 years of incarceration.

Livingstone on Thursday participated in a panel discussion on the issue before the Legislature’s Criminal Justice Reform Caucus; joining him were Marc Mauer, who leads the Washington, DC-based Sentencing Project, and Donald Perry, a former inmate who served over 18 years in prison.

Mauer, one of the country’s leading experts on sentencing policy, said a record number of 206,000 people are serving life terms in prisons across the US. “Life without parole is not an alternative for the death penalty. It’s an alternative for life with parole,” he said.

The only other way an inmate serving a life sentence can get out of prison is to have his or her sentence commuted, but no governor has commuted a life sentence in Massachusetts since 1997, according to data from the Governor’s Council.

A 2016 Department of Correction annual report shows that $50,000 a year is spent on housing an inmate, with sick and elderly inmates costing up to three times as much. Mauer said older and sicker offenders in their 70s pose a diminished public safety risk and should be released and reintegrated into society to save on these costs.

A number of states are considering proposals to reduce their prison populations. In Missouri, bills have been filed that would grant a parole hearing after no more than 30 years in prison for lifers, and allow early parole for certain offenders over 65 in geriatric units. Both were proposed by Republican legislators.

“President Obama, in his last two years, issued 1,700 sentence commutations,” said Mauer. About a third of those who received commutations had been sentenced to life in prison, often as a result of the “three-strikes” laws mandating life imprisonment for some third-offense drug cases.

Perry received the maximum penalty for armed robbery in 1983, and was on parole for 14 years following nearly two decades behind bars. He now works on criminal justice reform and is a co-founder of Black Behavioral Health Network, which addresses a gap in health services for African-Americans who face incarceration.

Perry said some lifers were classified by the Department of Correction in the 1970s as no longer a threat to society, and could go out on weekends to teach at local universities. “That doesn’t exist now,” he said.Meet the Author

Middlesex District Attorney Marian Ryan, who attended the State House event, said afterwards that she is in the “information gathering phase” when it comes to the bill to establish parole for those convicted of first-degree murder. “None of us would ever want to be defined by the worst acts of our lives. And then you have to think about that victims’ families are suffering,” she said.

“Our goal is the protection of the public’s safety,” Ryan said, but added that it’s worth assessing “when or if a person is ready to come back out into society.”

Justice reformers set their sights on life sentences

By Michael P. Norton STATE HOUSE NEWS SERVICE Published: 2/28/2019 11:06:02 PM

Now that the landmark 2018 criminal justice reform law is on the books, lawmakers are exploring additional ideas and “even harder work,” as Sen. Jamie Eldridge put it Thursday, including the possibility of releasing prisoners serving life-without-parole sentences for the most serious crimes, including murder.

Eldridge and Rep. Mary Keefe on Thursday hosted a meeting of the Criminal Justice Reform Caucus where the focus was on legislation eliminating life sentences without the possibility of parole. Marc Mauer of the Sentencing Project said a record 206,000 people are serving life terms in prisons across the nation. That’s more than the entire prison population in 1970, he said.

In Massachusetts, 1,018 people in 2016 were serving life sentence without the possibility of parole.

“There’s beginning to be increasing questioning of these policies around the country,” Mauer said, adding that “people age out of the high crime years” and pose “very much diminished” public safety risks in their older years.

Under legislation sponsored by Rep. Jay Livingstone and Sen. Joseph Boncore, all people serving life sentences would have the opportunity for a parole hearing after 25 years, a change in law that would apply retroactively so that it would affect people currently incarcerated. Both bills are titled “An Act to Reduce Mass Incarceration.”

Noting the number of people serving life sentences has “skyrocketed,” Eldridge said the bill deserves attention, although he told the News Service after the briefing that as chairman of the Judiciary Committee he needs to fully review the bill and declined to comment on his position on the legislation.

“We addressed some of the non-violent mandatory minimum drug crimes, repealing them last session,” Eldridge said, referring to a law that also emphasized treating offenders for substance use addiction. “But now we need to get into, in some ways, the more nuanced discussions around people who are in prison for violent crimes and whether we should be changing the sentencing for some group of those individuals.”

A provision in the 2018 law permitting medical parole, Livingstone said, shows lawmakers are open to changes that reduce incarceration costs while taking into account the danger that individuals pose if released from prison.

Asked about her position on the bill, Middlesex District Attorney Marian Ryan, who attended Thursday’s briefing, told the News Service that she was still gathering information on the topic. In 1980, Ryan was the victim of a vicious assault and a witness to the murder of her then-boyfriend.

Ryan said the life-without-parole sentence is reserved for first degree murder, and outlined considerations for lawmakers weighing the bill.

“There’s all of those considerations of – what are we trying to accomplish through incarceration? How has somebody behaved while in custody? And as is clearly true, none of us would ever want to be defined by the worst act of our lives,” said Ryan, a veteran prosecutor whose district spans 54 cities and towns and includes a quarter of the state’s population. “And then you have to weigh against that the loss that victims’ families have suffered and sometimes it isn’t just the immediate loss, it’s the continuing piece. So, many of the things you heard about that continued for years when someone’s in custody, obviously the same thing is happening on the other side. So it is a balance. And then obviously our overall goal is the protection of the public safety and the concern about – what does real rehabilition mean? When and is someone ready to be back out in society, while the rest of us are keeping folks safe?“

Livingstone, who attracted 27 co-sponsors to his bill, noted it’s been 22 years since the last commutation of a sentence for a person serving life without parole. Commutations must be recommended by governors, and approved by the eight-member Governor’s Council. He also said the bill would apply to convicted murderers, people with stacked sentences and those convicted under the “three strikes” law.

According to backers of the Livingstone and Boncore bills, Massachusetts has a lower overall incarceration rate than most other states but ranks second among all states for the highest percentage of its prisoners serving life-without-parole sentences.

The number of incarcerated men over the age of 60 increased 41 percent between 2010 and 2018, while the overall prison population declined by 18 percent, according to Prisoners’ Legal Services of Massachusetts, and it’s up to three times more expensive to house an elderly prisoner in the general population.

The proclivity to commit crime is “highly age dependent,” the group said in literature distributed at the event, adding, “The peak age is in one’s early to mid-twenties, and continues to decline as one ages. It makes little sense to mandate that a person in their twenties must stay in prison for the rest of their life without a chance to later determine if they still pose a threat to public safety. Incarcerating people who pose no threat is a waste of resources.”

Membership in the caucus co-chaired by Eldridge and Keefe has increased in the past four years, Eldridge said, and the “standing room only” attendance at Thursday’s briefing “reflects the fact that as much as we passed a major reform last session, there’s still a need and an interest and enthusiasm for more reform.”

https://www.recorder.com/APPeter-justice-reform-23819708

http://www.lowellsun.com/news/ci_32485076/should-life-without-parole-be-eliminated

https://www.metrowestdailynews.com/news/20190303/justice-reformers-set-sights-on-life-sentences

190th Session Wrap Up: Criminal Justice Reform

190th Session Wrap Up: Criminal Justice Reform

As we wrap up yet another legislative session, my office has worked to provide recaps on the vast array of subject areas that I have worked on and voted on in the Chamber. Below is an overview of the criminal justice legislation that the House voted on this session (May 19th 2018 & November 15th 2018). 

This session, criminal justice reform finally took substantial steps towards progress for the Commonwealth. Two pieces of legislation were passed on the subject. One, and omnibus criminal justice bill, encompasses a wide breadth of topics including justice system data collection, the juvenile justice system, mandatory minimums and solitary confinement among them. Also relevant, An Act limiting the use of prison labor, was a direct response to the Trump administration suggestion that certain MA inmates travel to the southern border in order to help “build the wall.” This act prohibits MA inmates from doing labor outside the prison’s boundaries. Both of these acts aim to keep our community safe and protect inmates from cruel prison practices.  Jay has been a strong advocate for criminal justice reform since he started in the legislature based on his experiences in the Middlesex District Attorney’s office as a prosecutor.  He was a strong advocate for several provisions that made it into the final legislation, including the elimination of mandatory minimums for drug offenses, diversion to treatment for certain crimes, and bail reform.   

H.4011- An Act relative to criminal justice reform

Topic: Omnibus Criminal Justice Bill

  • Standardizes arrest data collection by requiring the department of criminal justice to obtain arrest data in a format consistent with the FBI’s National Incident-Based reporting System and maintain the information of a publicly accessible website.
  • Establishes a Childhood Trauma Task Force to study and give recommendations on the treatment of juveniles in the justice system.
  • Requires convicted felons to submit required DNA sample upon conviction rather than within one year of conviction.
  • Eliminates minimum sentencing for several drug offenses.
  • Raises the min. age of a delinquent child.
  • Requires the Office of the Child Advocate to record data for the juvenile justice system.
  • Limits the amount of time an inmate can spend in solitary confinement.
  • Extends Good Samaritan protections.
  • Prevents an employer from discriminating against an applicant for employment for failing to provide information on a misdemeanor conviction over three years old.
  • Establishes the criminal offense of manslaughter by a business organization.
  • Includes sections on:
    • Bail reform
    • Criminal records
    • Restorative justice
    • Medical Parole
    • Diversion programs

Outcome: This bill passed through both chambers and was signed by the Governor on April 13, 2018

To read the full text of the House bill, click here.

To read the full text of the Conference Committee Report (Final Version), click here.

Notes:

Diversion to Treatment – This provision to the bill was based on a proposal that I made. The diversion to treatment component makes it so that an alternative route to incarceration can exist for first time offenders of any age. It requires District Attorney’s offices across the State to implement such rehabilitative programs and to ensure access to veterans, juveniles, persons with disabilities, and persons with substance abuse disorders.

Bail Reform – I was proud to jointly file this amendment with Representative Rogers to establish a Bail Commission to study the effectiveness of the current cash bail system and seek the feasibility of a Risk Assessment Tool for the Commonwealth. There is also a component to speak to biases that can occur in such a Risk Assessment.  Changes to our bail laws will have a great impact on our criminal justice system as all defendants are impacted by the bail rules.

 

H.3034- An Act limiting the use of prison labor

Topic: Criminal Justice
SummaryRequires that any inmate work program in MA be performed within its boundaries and prohibits MA’s participation in any national inmate work program to build a wall along the country’s southern border.
Outcome: This bill was referred to the Senate Committee on Ways & Means.

To read the full text of the bill, click here.

State Senate primary is today; DA race widens

Updated April 3, 2018 — A milestone is looming during a busy election season in Suffolk County. State Rep. Nick Collins will be unopposed in the April 3 Democratic primary as he seeks to fill a vacancy in the First Suffolk Senate seat.

The Tuesday election has Collins alone on the ballot, next to a write-in option, and the Republican and Libertarian slots will be write-ins. Polls open at 7 a.m. for the district, which includes broad swaths of South Boston, Dorchester and Mattapan.

While Collins will need to face off with unenrolled candidates Althea Garrison and Donald Osgood, Sr. on the May 1 final election, the South Boston representative enters the primary in strong shape. He has some $160,000 in his war chest and the endorsements of politicians including former state Sen. Linda Dorcena Forry, state Rep. Dan Hunt, and most recently Suffolk County Sheriff Steven Tompkins.

Several have already pulled papers for the general election race later this year for the First Suffolk: Collins, Osgood, Duckens Petit-Maitre (D), and unenrolled candidates Garrison, Jesus Rosa, and Elciana M. Ogunjobi. Garrison, however, announced at a Reporter-moderated panel that she plans to run for the First Suffolk only in the special election, and instead run in the fall for the Fifth Suffolk seat, which she represented for one term in the 1990s.

Meanwhile, the field to replace Dan Conley as Suffolk District Attorney widens still further. Lawyer Linda Champion pulled papers on March 9 to seek the post, after Conley announced last month that he would not run for re-election.

Champion is the fifth Democrat openly seeking the seat: state Rep. Evandro Carvalho, of Dorchester, who is an attorney and a former prosecutor in Conley’s office; Greg Henning, of Dorchester, who led the Suffolk district attorney’s office gang unit and has worked in the office for about a decade; and Shannon McAuliffe, of the North End, who was director of Chelsea-based Roca, which works with gang-involved youth; and Rachael Rollins, of Roxbury, former chief legal council for Massport and former Assistant US Attorney.

Boston City Councillor At-Large Michael Flaherty, of South Boston, announced Monday night that he would not seek the seat.

“While I have long been interested in the DA’s position, and greatly enjoyed my time spent as a prosecutor, I will always put my home life ahead of career interests,” he said in a statement. “We have been working through a family medical matter and, while the prognosis is good, my full attention is on what is most important to me, my family. Now is not the right time for me to take on the immense obligations of a countywide campaign.”

Mayor Martin Walsh’s chief legal counsel Eugene O’Flaherty, of Charlestown is reportedly still mulling a run.

Candidates for all state and district races have until May 1 to file nomination papers.

Henning turned in over 1,600 signatures at City Hall in mid-March, his campaign said. Carvalho this week touted endorsements from state Reps Jay Livingstone of Beacon Hill, Liz Malia of Jamaica Plain, Mike Moran of Brighton, Jeffrey Sanchez of Jamaica Plain, and Chynah Tyler of Roxbury a week after former US Attorney for Massachusetts, Wayne A. Budd, was announced as Carvalho’s campaign chair.

In the Fifth Suffolk state representative district, up for grabs after Carvalho decided to seek the district attorney post, seven interested parties have pulled nomination papers, though not all are still hoping to claim the seat.

Community activist Elizabeth Miranda jumped into the race on March 22. Darrin D’Wayne Howell, a Dorchester resident and former staffer for then-City Councillor Chuck Turner and a political organizer at the 1199SEIU healthcare workers union, pulled papers on March 12, according to the Secretary of the Commonwealth’s office. Howell sought the Sixth Suffolk seat, won by state Rep. Russell Holmes, in 2010. In an interview with the Boston Globe in March 2017, Howell said he may seek elected office again.

Other names in contention for the Fifth Suffolk include Democrats Brad Howze, and Roy Owens, and unenrolled candidates Garrison and Steven A. Wise. Ceferina Murrell, former chief of staff for state Sen. Forry, initially pulled papers to run, but confirmed on Tuesday she would no longer be running.

State Rep. Dan Hunt, running unopposed for his 13th Suffolk seat, has submitted some signatures already, according to the Secretary of the Commonwealth’s office. State Rep. Russell Holmes is also presently unopposed in his re-election bid for the Sixth Suffolk rep’s seat. Only one person— Ryan McGoff—has so far pulled papers to fill Collins’ open Fourth Suffolk seat in South Boston and parts of Dorchester.

In the 12th Suffolk House district, representing Mattapan and parts of Dorchester and Milton, incumbent state Rep. Dan Cullinane may face a second challenge from Jovan Lacet, who has pulled papers for the House seat. Cullinane faced Lacet in 2016, winning the race and defending his seat in 2016 with 54 percent of the vote to Lacet’s 34 percent.

https://www.dotnews.com/2018/state-senate-primary-set-tuesday-da-field-widens

Bail reforms working in other states

By Katie Lannan

STATE HOUSE NEWS SERVICE

BOSTON — As state senators prepare to take up a bill this week that would overhaul the state’s bail system, one Massachusetts sheriff said he’s seeing positive signs from other states that have undertaken bail reform.

Middlesex County Sheriff Peter Koutoujian last week attended a Law Enforcement Leaders to Reduce Crime & Incarceration summit at the National Press Club in Washington, D.C., and returned armed with business cards from officials in Tennessee and New Jersey, whom he hopes to put in touch with lawmakers here.

Tennessee and New Jersey recently reformed their bail systems, and Koutoujian said law enforcement from those states could serve as useful resources for Massachusetts legislators mulling similar changes.

“They’ve had really good results, and the great thing was, the results they’re getting out of New Jersey are completely consistent — the numbers are almost identical — to the results they’re seeing out of Tennessee as well, which is interesting,” Koutoujian told the News Service. “It validates the numbers are consistent and real, basically.”

New Jersey’s bail reform — a move away from a cash-based system to one involving a tool to evaluate a defendant’s risk of fleeing or causing danger to the public — took effect on Jan. 1, 2017. By Aug. 31, the state court system there reported that the number of people in jail before a trial had dropped 15.6 percent since the year began, from 7,337 people to 6,195.

Of the 29,637 eligible defendants arrested from January through August 2017, 8 percent were released on recognizance, roughly 71 percent were ordered to participate in some form of a pretrial monitoring system, and 17.4 percent were placed in detention.

A major package of criminal justice reforms the Senate plans to debate on Thursday includes measures intended to address an August ruling by the Supreme Judicial Court that judges cannot set bail “higher than necessary to ensure the defendant’s appearance” and “that a judge may not consider a defendant’s alleged dangerousness in setting the amount of bail.”

The ruling came in a case filed by Jahmal Brangan, who was held at the Hampden County jail for more than three and a half years because he was unable to post the $40,000 bail after his 2014 armed robbery arrest.

“A bail that is set without any regard to whether a defendant is a pauper or a plutocrat runs the risk of being excessive and unfair,” Justice Geraldine Hines wrote in the decision shortly before retiring from the high court. “A $250 cash bail will have little impact on the well-to-do, for whom it is less than the cost of a night’s stay in a downtown Boston hotel, but it will probably result in detention for a homeless person whose entire earthly belongings can be carried in a cart.”

The bill (S 2185), according to a Senate Ways and Means summary, abolishes cash bail for juveniles and requires judges to consider a defendant’s ability to pay when setting bail for adults. Judges would be given additional options besides cash bail, including unsecured bonds and a wider range of pretrial conditions, and the bill would require that conditions imposed be the least restrictive necessary to ensure the defendant will appear in court.

Judges would be prohibited from setting bail so high “that the defendant represents, in good faith, that he or she cannot afford” it, except if the judge finds the risk of non-appearance is so great that no other conditions would ensure the defendant would come to court, and that the defendant is likely to be incarcerated if convicted. In such cases, the judge would have to orally or in writing explain those findings for the record.

The judge would also have to explain “why the commonwealth’s interest in the secured bond amount outweighs any likely adverse impact on the defendant’s employment, education, mental health treatment, substance or alcohol use treatment and primary caretaker responsibilities.”

The bill would also require the development and use of a risk assessment tool for bail determinations, and expand the ability of pretrial detention for defendants determined to be dangerous, according to the summary.

Whether the bail changes ultimately become law would depend on the level of support they receive in the Senate — where lawmakers filed 162 amendments to the bill — and in the House, where leaders have not yet specified what criminal justice reform measures they intend to pursue.

Rep. Claire Cronin, the House chair of the Judiciary Committee, has been meeting with representatives to discuss criminal justice, and House Speaker Robert DeLeo has enlisted former Supreme Judicial Court Chief Justice Roderick Ireland as an advisor.

In a letter to Cronin earlier this month, six members of the House Progressive Caucus — co-chairs Byron Rushing and Tricia Farley-Bouvier and Reps. Mary Keefe, David Linsky, Jay Livingstone and Jay Rogers — identified bail reform as one of their priorities.

“Instituting a risk-based approach to pretrial release detentions would allow persons who cannot afford money bail to avoid incarceration, losing employment, and having to find emergency childcare, all while saving the state money,” the letter said. “Massachusetts should focus the money spent on unnecessary incarceration for pre-trial individuals who pose little threat to public safety towards expanding programs that encourage an alternative route to incarceration like restorative justice or diversion programs.”

Read more: http://www.lowellsun.com/breakingnews/ci_31401924/bail-reforms-working-other-states-koutoujian-says