2011 - 2012 SESSION
The Massachusetts Legislature meets for two-year sessions. The 2011-2012 session started in January 2011 and will run through July 31, 2012. New bills are filed each session. Bills are proposed laws, or proposed changes to an existing law. None of the bills listed here have been signed into law. Click here for information on how a bill becomes law in Massachusetts.
Sentencing reform bills that have passed
- H.3811, An Act relative to habitual offenders, sentencing and improving law enforcement tools
The House of Representatives passed this sentencing bill on November 16, 2011. Unlike the Senate’s version, S.2059 (see below), it is only about habitual offenders. The House didn’t vote one way or the other on mandatory minimum reforms. The House and Senate now need to work out a compromise version of the bill.
- S.2059, An Act relative to habitual offenders, sentencing and improving law enforcement tools
This bill was unanimously passed by the Senate on November 11, 2011. It is mainly about habitual offenders and parole issues, although it also contains several other issues, including mandatory minimums for drug offenses. Some drug offenders who are now serving mandatory minimum sentences would become eligible for parole, work release and earned good conduct credits. For drug offenders sentenced after the bill takes effect, some mandatory minimums would be reduced.
Resources:
Sentencing reform bills that were filed
H.2266 and S.909, An Act to repeal mandatory minimum sentences for drug offenses
This bill was drafted by FAMM. It was filed for us in the House of Representatives by Rep. Benjamin Swan (D-Springfield) and in the Senate by Sen. Steven Tolman (D-Boston). It would repeal all mandatory minimums for drug offenses and instead allow courts to impose the sentence that fits the crime, ranging from probation to the maximum allowed by law. It would also ease the restrictions on how drug offenders – including those now incarcerated – serve their sentences. Drug offenders who are sentenced to state prison would be eligible for parole after serving two-thirds of their minimum sentence. (Certain county drug offenders became eligible for parole in 2010.) All drug offenders would be eligible for earned good conduct credits (also called “earned good time”) and work release programs.
Resources:
H.2267 and S.908, An Act to reform the “school zone” law for drug offenses
This bill was also drafted by FAMM and filed for us by Rep. Swan and Sen. Tolman. It would reduce the size of drug-free school zones from 1,000 feet to 100 feet. It would also exclude drug offenses that occur within homes located in a school zone. The drug offense itself would still be illegal but would not result in a second sentence based solely on location. The bill would repeal the mandatory minimum sentence for school zone violations, instead allowing courts to impose the sentence that fits the crime. It would also change how school zone sentences are served. A school zone sentence could be served at the same time as another sentence. As with H.2266/ S.909, the bill would allow school zone violators who are sentenced to state prison to be eligible for parole after serving two-thirds of their minimum sentence. School zone violators in either state prison or county Houses of Correction would be eligible for earned good conduct credits and work release programs.
Resources:
H. 40, An Act relative to criminal sentencing
This is the sentencing reform bill filed by Governor Deval Patrick. The bill would repeal mandatory minimums for certain drug distribution and trafficking offenses unless the person has a prior conviction for the same offense and uses or carries a weapon during the new offense. While the bill would reduce the size of school zones to 100 feet, it would not change the mandatory minimum sentences for school zone violations or for drug offenses involving minors.
Drug offenders who are currently serving mandatory minimums in state prison would be eligible for parole after serving half of their maximum sentence unless the person was also convicted of a crime involving violence, a weapon or minors. Drug offenders who are now in either state prison or county Houses of Correction would be eligible for earned good conduct credits and work release programs.
NOTE: This bill addresses a number of issues besides mandatory minimum sentences for drug offenses. FAMM does not take a position on some issues.
Resources:
Senator Creem’s bills
Senator Cynthia Creem (D-Newton) filed two bills to reform drug sentencing laws.
- S.758, An Act relative to mandatory minimum sentences. This bill would allow prisoners who are now serving mandatory minimums to be eligible for parole after serving two-thirds of their minimum sentence. They would also be eligible for work release programs. Those convicted of drug offenses after the bill takes effect would be eligible for parole after serving two-thirds of their minimum sentence, if that is less than the mandatory minimum required by law. Bill text
- S.757, An Act relative to school zones. This bill would reduce the size of school zones to 100 feet and create a reduced sentence for first offenses. The mandatory minimum would be repealed for all school zone offenses. School zone violators would be eligible for work release and earned good conduct credits. Bill text
Bills that create or increase mandatory minimums for drug offenses
Not all drug sentencing reform bills represent progress. These bills would create new mandatory drug sentences or increase the length of existing ones.
- H.428, An Act relative to hidden compartments, filed by Rep. Stephen DiNatale (D - Fitchburg) and H.776, An Act relative to concealing controlled substances in automobiles, filed by Sen. Barry Finegold (D - Andover), are similar bills that would create two new mandatory minimum sentences for using and making/installing a false compartment in any vehicle (including cars, airplanes and boats) to hide illegal drugs. Bill text
- H.452, An Act providing for drug free library zones. Rep. Robert M. Koczera (D - New Bedford) filed this bill, which would create new drug-free zones within 1,000 feet of public libraries. Violations would be punished with the same mandatory minimum sentence as for school zone violations. Bill text
- H.763, An Act relative to heroin trafficking. Rep. Benjamin Downing (D - Pittsfield) filed this bill, which would create a new trafficking offense for five to 13 grams of heroin (current heroin trafficking laws start at 14 grams). The bill also creates a new three-year mandatory minimum with a maximum sentence of 15 years. Bill text
- H.3138, An Act relative to Class D controlled substances. Rep. John Binienda (D - Worcester) filed this bill, which would greatly reduce the amounts of marijuana needed to trigger mandatory minimum sentences for trafficking. Bill text
- H.3147, An Act establishing drug free elderly housing zones. Rep. John Fresolo (D - Worcester) filed this bill to create a new drug-free zone within 1,000 feet of housing for the elderly. Violations would be punished by the same mandatory minimum sentence as for school zone violations. Bill text
PRIOR SESSIONS OF THE LEGISLATURE
No bills carry over from a previous session. They expire at the end of each session. They are “dead” bills and the Legislature can no longer act on them. Please contact FAMM for copies of bills from previous sessions. If the bills are from the 2009 - 2010 session, you can also find them on the Legislature’s website at http://www.malegislature.gov/Bills/Search.