!!ANNUAL DINNER!!

Bill to Compensate Erroneously Convicted

Legislative Effort to Expand Jail Diversion by Courts

Additional CORI Bills Before the Legislature

2005 CORI Bills (Chart)

In memorium of Michael Forcier

CJ Highlights from Romney's Proposed Budget

Surcharges on Prisoner Phone Calls the Focus of Legislation

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Greetings!

I hope you enjoy this legislation-packed issue of the CJPC newsletter. As always, I would love to hear any comments you might have. Feel free to write me at the address on the masthead, or email me at [email protected]. Thanks for your support.

Doug Roberts

Editor

Greg Larkin

Currently under consideration in Massachusetts are two bills, HD 1359 and Senate Docket (SD) 1960, which would strengthen and expand the state's drug diversion program. Although a provision for the diversion into treatment programs of those with substance abuse problems has existed since 1981 (Mass. General Law Ch.111E), it is not widely known and has rarely been used due to its reliance on judicial discretion, its potential expense, and its lack of clarity.

The diversion of certain drug offenders into treatment programs has been gaining popularity across the United States. At least seven other states (Arizona, California, Colorado, Kansas, Missouri, Texas and Washington) have reformed their sentencing practices to allow for this type of diversion. What are the driving forces behind these reforms? Most importantly, there is the lower recidivism rate for those coming out of treatment versus those coming from prison; however, another significant component has been the realization of significant cost savings. The estimated annual cost of incarceration in Massachusetts is $35,000 per prisoner in county houses of correction and $43,000 per prisoner in state prisons, while the Drug Policy Forum of Massachusetts (DPFMA), which provided assistance in creating the new bills, estimates the cost of one person's treatment at $5,300.

Lloyd Fillion

Since the report on bills impacting the state's dissemination of citizen's criminal records-known as Criminal Offender Record Information (CORI)-in the December 2004 newsletter (Vol.1, issue 10), several additional bills have come to the attention of the CJPC. Some of these bills impact the dissemination of CORIs, others attempt to mitigate their effect, and one attempts to halt the generation of CORIs for many juvenile offenders.

Rep. Gloria Fox (D, Boston) and Rep. James Marzilli, Jr. (D, Arlington) have introduced bills to limit CORI to convictions and cases pending when the information is provided to employers, housing agencies, and other non-criminal justice entities. Rep. Fox's House Docket (HD) 610 and Rep. Marzilli's House Bill (HB) 830 work towards the same goal as the first section of bills introduced by Rep. Ruth Balser (D, Newton) and Sen. Dianne Wilkerson (D, Suffolk), entitled "Acts Relative to the Distribution and Use of CORI" and discussed in the December newsletter.

CJPC has learned that Michael Forcier, the first president of the CJPC board, died on January 14, 2005. Michael oversaw the expansion of the organization to include a formal board, which he presided over for two years. He demonstrated a sensitivity to the many problems attendant with the growth of a young organization. Much of his professional work went towards lessening the harsh conditions within maximum security prisons; he is especially known for his research over the past decade on the Departmental Disciplinary Unit, the Massachusetts Department of Correction solitary confinement block, and the DOC's classification system.

He had a deep concern for the experiences of the less-fortunate, and provided valuable testimony to lawmakers based on his research about the shortcomings of the state's correctional systems. Whether he was advocating for an individual prisoner or for systemic change, Michael was generous with his time and expertise. Michael died at home in Vermont and was buried in Rhode Island. His family urges those wishing to memorialize him to send gifts to the Massachusetts Coalition for the Homeless, 8 Winter Street, Boston, MA 02108. Those wanting to express condolences to Michael's family may contact the CJPC for the address of his wife, Joy Forcier.

Lloyd Fillion

In late January, Governor Mitt Romney introduced his proposed budget for the fiscal year (FY) 2006, running from July 1, 2005 through June 30, 2006 (budget.mass.gov). The House and Senate will be producing their proposed budgets in the coming months and the three versions will be fought over until an acceptable compromise is reached, hopefully by the beginning of the coming fiscal year. As in the past, the CJPC prepared a number of sections relating to criminal justice for the People's Budget '06, published by the Massachusetts Human Services Coalition (MHSC). The complete People's Budget is expected to be published on the MHSC website (www.cutnomore.org/joi n.php) within the coming month. It is designed to assist those individuals and organizations working to continue services for those members of the community less economically fortunate. What follows are some points of concern and/or interest which came to light in preparing the chapters for the MHSC.

Lloyd Fillion

Again this year, Rep. Benjamin Swan (D, Springfield), with the cosponsorship of Reps. Ruth Balser, Shirley Owens-Hicks, Anne Paulsen, Patricia Jehlen and Gloria Fox, has introduced a bill (HD 1030) to mandate that the DOC and county sheriff departments negotiate rates for prisoner phone service that are equal to those charged for comparable residential telephone service. The bill would also prevent the DOC and sheriff departments from accepting commissions or compensation in the form of below-market rates for their employees. According to Department of Correction data obtained by one inmate, the prisoner telephone system has continuously generated between 2 and 3 million dollars in commissions for the DOC annually over the past five years. This money, which flows back into the general fund, represents an unequal tax burden for friends and families attempting to maintain ties with people in prison. Such a policy flies undermines the system's stated interest of maintaining inmates' family ties, so that prisoners have a community to return to upon release.

CJPC is always looking for substantive topical articles to enhance the newsletter.

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