In 2007, FAMM launched its Massachusetts campaign to repeal mandatory minimum sentences for drug offenses. FAMM’s Massachusetts project works to educate lawmakers, the public and the media about the need for fair and proportionate sentencing laws. We opened our Massachusetts office in 2008.
On July 31, 2010, the Massachusetts Legislature passed a bill, S.2583, that allows county (House of Correction) drug offenders serving mandatory minimum sentences to be eligible for parole after serving one-half of their sentences – like all other county prisoners who are eligible for parole. Governor Deval Patrick signed the bill into law on August 6, 2010. This is the first time that the state has loosened the harsh mandatory drug sentencing laws that were passed nearly 30 years ago.
S.2583 did not include two important reforms that were approved by the Senate in 2009 -- parole eligibility for drug offenders serving state sentences after serving two-thirds of their sentence, or work release eligibility for both county and state prisoners. FAMM will continue to fight for those reforms.
But those two issues are just the start. Our ultimate goal is to repeal the laws that require "one size fits all" sentences for drug offenders. Courts must be allowed to fulfill their proper role of imposing sentences that fit the crime while still protecting public safety.
Maybe you are reading this because you have a loved one who is incarcerated. Or maybe you are a taxpayer who is tired of the skyrocketing costs of ineffective drug policies. Whatever the reason, we hope that you will join FAMM’s 1,400 Massachusetts members in our fight for justice.
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
E-mail: bdougan@famm.org
Learn more:
Massachusetts updates and news
S. 2583 and FAMM's summary
Bills to reform sentencing laws
Read our Massachusetts materials:
Flawed drug policies waste lives and taxpayers' money (pdf)
How laws are made in Massachusetts (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 2008 fiscal year (July 2007 through June 2008), 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.