On July 23, the Massachusetts Judiciary Committee filed House Bill No. 5004, “An act improving certain criminal justice matters.” This is the long-awaited criminal justice bill that includes several changes to Massachusetts’ drug sentencing laws. The bill includes two important improvements that FAMM supports: changing the school zone law and making prisoners who currently are serving mandatory minimum drug sentences eligible for work release programs. Unfortunately, the bill does not contain other reforms that we worked for, most notably parole eligibility for those who have served two-thirds of a mandatory drug sentence. It also contains a proposal on supervision of prisoners after their release, which FAMM opposes.
Please keep in mind that, given the late filing date, the bill may not make it through both the House and the Senate. But at least we are finally seeing some progress.
Changes to school zone law. The bill reduces the size of a school zone from 1,000 feet to 100 feet. It also reduces the penalty for first time school zone offenders, although the penalty for all other school zone convictions remains the same. For first time offenders:
- Maximum sentence of two years (currently 15 years);
- No mandatory minimum sentence (currently a 2 year mandatory sentence); and
- No requirement that a school zone sentence must be added on to another sentence (currently required).
FAMM supports this section of the bill.
Eligibility for work release. Prisoners who are currently serving mandatory minimum drug sentences will now be eligible to participate in work release programs. Work release programs help prisoners prepare for their return to the community.
FAMM supports this section of the bill.
Mandatory supervision upon release from prison. For a two-year trial period, any sentence for more than one year would include a mandatory period of supervision after the prisoner is released. FAMM generally supports laws that help prisoners successfully return to the community (such as work release). But we oppose this section of the bill because it’s an unfair burden to those already serving harsh minimum sentences. Here’s why.
Most prisoners can apply for parole. If they successfully complete their parole period, they are excused from this new supervision requirement. But those serving mandatory minimum drug sentences cannot be paroled. So they don’t have the opportunity to avoid this new requirement, which would add conditions (although not more time) to a mandatory minimum drug sentence.
FAMM opposes this section of the bill.
Contact your representatives and the Governor! Tell them that you:
- Support work release programs for prisoners serving mandatory drug sentences;
- Support the proposed changes to the school zone law;
- Oppose post-release supervision for prisoners who served their mandatory drug sentences.
We need to keep fighting for fair and proportionate sentencing laws (see next section on the Governor’s town hall meetings). But this bill is a start to what we hope will be major reforms in the years ahead.
Call now!
Click here to use FAMM's action center to identify and call your representatives. Enter your zipcode and follow the instructions - the action center will give you the talking points above to help you make your call.
GOVERNOR’S TOWN HALL MEETINGS - updated list
Gov. Patrick’s town hall meeting tour is underway. The locations of all meetings have now been announced (see list below). The Governor takes questions from the audience for an hour. There is only enough time for about 6 to 8 questions. He then stays to speak one-on-one with people for about another hour.
We encourage you to take advantage of this opportunity to speak to the governor about reforming Massachusetts’ mandatory minimum drug laws. Other FAMM members have been able to speak directly to the governor – and you can too. We are happy to help you with a question or to answer your questions. Please contact Barbara Dougan, Massachusetts Project Director, at (617) 543-0878 or bdougan@famm.org.
General guidelines for asking a question at a town hall meeting:
• Keep it short - a short statement followed by a short question.
• Speak loudly and clearly.
• Give the governor or his staff information on FAMM after the meeting.
Sample questions for the governor:
If your loved one is serving a mandatory minimum:
My ________ (son, wife, etc.) is serving a ____-year mandatory minimum sentence for ________ (type of offense). I know what he (or she) did was wrong, but this is a very long sentence for a nonviolent offense. It’s also a “one size fits all” approach to crime. Don’t you think that judges should be allowed to decide sentences that fit the crime?
If you are a concerned citizen:
My question is about mandatory minimum drug sentences. It costs over $48,000 a year to incarcerate a nonviolent drug offender, and 15-year mandatory sentences are commonplace in drug cases. Aren’t there more cost-effective ways of protecting public safety?
Town hall meeting schedule
Rehoboth
Tuesday, July 29t at 6 p.m.
Outside at Goff Hall (Blanding Library)
124 Bay State Road
Rain location: inside Goff Hall
Athol
Wednesday, July 30 at 6 p.m.
Fish Park
Union Street
Rain location: Town Hall, 584 Main Street
Great Barrington (note date change)
Tuesday, August 5 at 6 p.m.
Town Hall Bandstand
334 Main Street
Rain location: Mahaiwe Performing Arts Castle, 14 Castle Street
Hyannis
Monday, August 11 at 6 p.m.
Aselton Memorial Park
Corner of Ocean and South Streets
Rain location: Barnstable High School, Knight Auditorium, 744 West Main Street
Boston
August 23 at 2 p.m.
Caribbean Day Parade