Welcome to FAMM’s Massachusetts Project! Just three years ago, FAMM opened its Massachusetts office. We hit the ground running and don’t plan to slow down until we achieve our goal -- fair and proportionate drug sentencing laws. The Legislature’s new 2011 - 2012 legislative session started in January. We are eager to continue the progress we made last session.
Maybe you are reading this because you have a loved one who is incarcerated. Or perhaps you are a taxpayer who is tired of the skyrocketing costs of failed drug policies. Whatever the reason, we hope that you will join FAMM’s 1,600 Massachusetts members in our fight for justice. We can’t do it without you.
Victory in 2010. In 2010, a new law was passed that allows certain drug offenders sentenced to mandatory minimums at county prisons (Houses of Correction) to be eligible for parole after serving one-half of their sentences – like other county prisoners who are eligible for parole. This was a ground-breaking moment, as state lawmakers had never before eased harsh mandatory drug sentencing laws since they were first enacted nearly 30 years ago.
Finishing the job. But we still have much to do. Drug offenders who are serving mandatory minimums in state prison should also be eligible for parole. All drug offenders should be eligible for work release programs and earned “good conduct” credits, as are most other prisoners. Our ultimate goal, of course, is to repeal the laws that require "one size fits all" sentences in the first place. Courts must be allowed to fulfill their proper role of imposing sentences that fit the crime while still protecting public safety.
Get connected, stay informed. Please explore the information listed below to learn more about Massachusetts’ drug sentencing laws and FAMM’s work to change them. If you don’t find the answer to your question, please ask us. If you have not yet signed up for our Massachusetts e-alerts, you can do so here. (If you live outside of Massachusetts, please contact us directly and we will add you to the Massachusetts e-alert list.) This is the best way to stay up to date on all developments and what you can do to change the law.
Please contact us for further information:
Massachusetts Project Director: Barbara J. Dougan
Mailing address: P.O. Box 57, Newton, MA 02468
Telephone: (617) 543-0878
Email: bdougan@famm.org
Learn more:
Massachusetts updates
Bills to reform sentencing laws
FAMM's summary of the 2010 sentencing reform law and the law
Massachusetts sentencing in the news
Read our Massachusetts Profiles of Injustice:
Robert Anger
Michelle Collette
Bonnie DiToro
Eric Duphily
Read our Massachusetts materials:
Voices for Reform: 30 Years of Mandatory Minimum Sentencing Laws in Massachusetts (pdf)
Flawed drug policies waste lives and taxpayers' money (pdf)
How laws are made in Massachusetts (pdf)
Drug sentencing reform: A bipartisan priority (pdf)
Current mandatory sentencing laws (pdf)
The case against mandatory minimums in Massachusetts: research, policy statements & public opinion (pdf)
Adding insult to injury: mandatory sentencing laws and their impact on women (pdf)
Drug sentencing reforms in other states (pdf)
For prisoners: Massachusetts profile brochure and form (pdf)
For families: Turn your commitment into action (pdf)
Advocating for change: A grassroots guide to influencing lawmakers (pdf)
Does the state have mandatory minimum sentences? Yes. Click here to learn more.
Does the state have a sentencing commission? Yes, the Massachusetts Sentencing Commission. Currently, its main role is to track data on sentencing practices. Its annual reports or “surveys” are an excellent source of information. For the latest report, covering the state’s 2009 fiscal year (July 2008 through June 2009), click here.
Does the state have sentencing guidelines? Not officially. The Sentencing Commission proposed a set of guidelines in 1996. The guidelines have been filed as bills during every legislative session since then, but have never passed. Some Superior Court judges use them, but only on an advisory basis. In addition, judges can only use them to decide on a sentence within the penalty provided by the legislature; the guidelines cannot be used to get around mandatory minimum sentences.
If yes, are the sentencing guidelines voluntary/advisory or mandatory? See the answer to the previous question.
Does the state have drug courts? Yes, but not on a unified or state-wide basis. Click here to learn more (but please note that this list has not been updated since 2005).
Does the state have one or more safety valve/exceptions? No. To learn more about safety valves, read our factsheet, Safety Valves in a Nutshell.
Helpful links
Note: FAMM cannot guarantee that these websites are up to date.
Governor Deval Patrick
Massachusetts Executive Office of Public Safety & Security
Massachusetts Department of Correction
Massachusetts Parole Board
Massachusetts Probation Department
Massachusetts Executive Clemency (pardons and commutations)
Massachusetts state legislature, called the "General Court"
Massachusetts Court System
Massachusetts Drug Courts
Other drug policy and criminal justice reform groups in Massachusetts
Want help finding a lawyer in this state? The statewide public defender’s office is called the Committee for Public Counsel Services. It provides free representation for low-income defendants in criminal cases. The Massachusetts Association of Criminal Defense Lawyers has a list of 500 defense lawyers in the state. There are also three main lawyer referral services sponsored by legal organizations: Massachusetts Bar Association; Boston Bar Association; and National Lawyers Guild. Massachusetts Correctional Legal Services (also known as Prisoners’ Legal Services) provides free legal services to inmates on prison issues -- no criminal defense representation. You can learn more about how to work with an attorney by reading our answers to frequently asked questions.
Want to search this state’s laws? Click here
Want to find out how a bill becomes a law in this state? Read our helpful guide, "How laws are made in Massachusetts."
Want to find your state legislative representatives? Click here to find who your elected officials are. After you enter your address, the names and website links for your state senator and representative are shown in the last gray box. You can also find information on any state legislator by clicking here and searching by Senate, House, or city/town.
Want to work on changing the laws in your state? Learn how through our pamphlet, Advocating for change: A grassroots guide to influencing lawmakers.
DISCLAIMER: FAMM does not endorse or support and is not affiliated with any of the attorneys, organizations, or sites listed on this page. FAMM cannot guarantee that the laws listed on its website or the content appearing on any of the links listed on this page are accurate or fully up-to-date. Laws change often, and before taking any action in reliance on the information presented on FAMM’s website or on the sites linked to on this page, you should always verify that the information is still accurate or talk with an attorney. If you feel you need legal advice, you should seek the help of an attorney in your state. FAMM cannot provide legal advice, representation, research, or referrals.