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Massachusetts ealert - January 27, 2009

Massachusetts bills filed! Ask your legislators to co-sponsor!

We are delighted to announce that two FAMM state sentencing reform bills were filed this month in Massachusetts.  They are comprehensive sentencing reform bills that go beyond similar bills that were filed in previous sessions. One would repeal mandatory minimum sentences for drug offenses while the other would reform the school zone drug sentencing law.  In the next few weeks, we will post the bills and their numbers after the Legislature publishes them.
 
Please ask your legislators to sign on as co-sponsors!  The deadline is February 4.  Use FAMM's action center to help you make your calls to your representative and senator (you'll make two calls total).  After each call, be sure to give us feedback on the response and click the "submit" button at the end of both calls.  Click here to make your calls now! 
 
Mandatory minimum repeal bill.   The repeal bill is called, "An Act to Repeal Mandatory Minimum Sentencing Laws for Drug Offenses."  It would do away with one-size-fits-all sentencing for drug offenses.  Instead, courts would be allowed to once again base sentences on the facts of the case and the offender's circumstances.  It would also allow drug offenders to apply for parole, work release and earned "good conduct" credits. Identical versions of the bill were filed in the House of Representatives by Rep. Benjamin Swan and in the Senate by Sen. Thomas McGee.   For more information, see our summary of the bill and fact sheet.
 
School zone drug sentencing bill.  The school zone bill is called, "An Act to Reform the School Zone Law for Drug Offenses."  It was filed in the House by Rep. Benjamin Swan (there is no Senate sponsor).  This bill would reduce the size of drug-free school zones to 100 feet and get rid of the mandatory prison sentence for school zone violations.  In addition, school zone penalties would no longer apply to drug sales that take place in private residences.  (The drug offense would still be illegal, but there would no longer be an additional penalty due to the location of the home.)  Finally, school zone sentences could be served at the same time as the sentence for the drug offense itself.  For more information, see our summary of the bill and fact sheet.
 
We know that the legislative process can be confusing.  Our new leaflet, "How Laws Are Made in Massachusetts," shows the basic steps in the legislative process.  Click here to download the leaflet.  We are now at Step #1 for the 2009 - 2010 legislative session.  Both bills will move on to Step #2 in the coming weeks, when they are assigned to the Judiciary Committee.  In addition, we expect that the Judiciary Committee's co-chairs and members will be announced in the next few weeks.  We will post that information when it is made public. 
 
FAMM is most grateful to Rep. Swan and Sen. McGee for their leadership on our issues.  Other legislators filed sentencing reform bills, too.  We will post a full list when the Legislature publishes them.
 
Please feel free to contact us if you have any questions, need more information, can offer suggestions or would like help organizing your own advocacy efforts.  It's a team effort!
 
By phone: (617) 543-0878
By e-mail: bjdougan@famm.org
By mail: P.O. Box 57, Newton MA 02468
 
Sincerely yours,
 
Barbara
 
Barbara J. Dougan
Massachusetts Project Director
Families Against Mandatory Minimums (FAMM)