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in this issue - March 05 |
Reducing Recidivism: Mandatory Post-Release Supervision?
by Greg Larkin
Last spring, the Governor's Commission on Criminal Justice Innovation recommended that the legislature enact a statute to ensure that every prisoner released from county jails, houses of correction, or state prisons is placed under mandatory oversight by either parole or probation officers for a fixed period of time, as a means of lowering the recidivism rate. Four bills mandating post-release supervision have been filed for the current legislative session, some of which are replications of legislation filed in the last session. While two of the bills (HD. 3318[HB. 1830] and introduced by Rep. Michael Festa - Melrose, and SD.585[SB.931] by Sen. Cynthia Creem - Newton) are nearly identical in their sections on post-release supervision, the other two bills (one by Rep. Marie St. Fleur - Boston, and the other by Governor Mitt Romney) represent significantly different structures.
Rep. Festa's bill (HD 3318), cosponsored by Rep. David Linsky - Middlesex, modifies the chapter of the Mass. General Laws (MGL) creating the Sentencing Commission. While the bill is tied to passage of a Sentencing Guidelines bill, it has been written to stand alone with minor edits to chapter references. See the December issue of the newsletter, text of this year's sentencing guidelines bill at
www.cjpc.org/HD3326%20TEXT -2005.pdf, and the article in this issue on Mandatory Minimum Sentencing. HD 3318[HB. 1830] and SD.585[SB.931]. applies to those offenders whose maximum term of incarceration is one year or more (unless explicitly stated otherwise, the "maximum term" refers to the maximum set at the time of sentencing). The bill proposes post-release supervision periods of 6, 12, or 24 months depending on the maximum term of incarceration. The total period of the inmate's sentence (incarceration plus post-release supervision) may not exceed the maximum term fixed by statute for the governing offense. If the inmate violates her/his parole, s/he is subject to escalating terms of re-incarcerations (from 2 to 6 to 12 months) for each subsequent parole violation; however, this re-incarceration may not exceed the remaining period of the post-release supervision unless the violation constitutes a new offense. In all other facets of the supervision, the rules are as defined by the Parole Board.
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Greetings
We apologize for the technical difficulties that have delayed this edition of the newsletter. CJPC found its former webmaster and former prisoner suddenly leaving to take advantage of a full-time job offering. Unfortunately, it took a few weeks to get a replacement "on line." With that said, you should expect to see the April newsletter within 10 days to a couple of weeks.
On another note, the Mass. legislature's website is now placing the text of bills on the statehouse website. That address is:
http://www.mass.gov/legis.
As of the end of March, not all bills were posted.
Docket numbers for bills are being replaced by the actual bill numbers. A conversion chart for the senate is found at:
http://www.mass.gov/legis/sdocket_to_bill.htm.
The House conversion chart is found at
http://www.mass.gov/legis/docket_bill.htm.
The CJPC currently has a number of bills referenced with their docket number; these will be replaced as soon as we are able to.
Thank you so much for your patience!
***Please note that the Annual Meeting is coming upon us quickly. It will be held on Wednesday, April 20th from 5:30-8:30 at the First Church in Roxbury. Click:
http://www.cjpc.org/ev_dw_flier_suggestion.htm.for more details.***
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Mandatory Minimum Sentencing for Nonviolent Drug Offenders Remains under Attack
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This year there are four new bills which address the problems created by mandatory minimum (Mand. Min.) sentencing. "Mandatory minimum sentences", in good part a product of the 1980s war on drugs, refers to language within in felony statutes which requires the convicted serve a minimum sentence period without recourse to any sentence reductions based on good behavior or program involvement. Such sentences also prohibit access to certain programs designed to improve the probability of a successful transition to the community upon release. There are a number of non-drug sentences which stipulate mandatory sentences- murder one, certain firearm offenses and vehicular and boat OUI offenses among them; however, the biggest impact on increasing prison populations comes from the large number of defendants convicted of drug felonies. (For a full discussion, see CJPC's Mandatory Minimum Drug Sentencing Under Sentencing Guidelines Proposals, 2004; at,
http://www.cjpc.org/dp_ma_man_mins.htm.
(In addition to the four new bills, the three Sentencing Guidelines bills under consideration during the last session have also been refilled; these bills provide the basis for the discussion in the above cited article on the CJPC website. The Sentencing Commission's model legislation, S.219 and H. 3302 of the '03-'04 session has been reintroduced by Sen. Marian Walsh (Suffolk and Norfolk) as SD.897. Rep. A. Stephen Tobin (Quincy) has reintroduced two modifications of the sentencing guidelines bills; last session's H.2750 and H.2749 are now HD.756[HB.682], HD. 857[HB 683] and HD.756[HB.682]. respectively.)
To view desciptive charts which outline mandatory minimum sentencing guidles in relation to drug crimes please go to the following links:
1.)
http://www.cjpc.org/Drug_Crime_Departure_Effected.pdf
2.) http://www.cjpc.org/Drug_Crime_Departure_Not_Effected.pdf
3.) http://www.cjpc.org/Conditions_for_Departure_from_Mand_Min.pdf
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Class Bias in the Governor's Examination of DOC?
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CJPC Board of Directors
On Thursday, February 10, Commissioner Kathleen Dennehy was interviewed by CBS 4's Joe Bergantino
(http://www.cbs4boston.com/reports/local_story_041144233.html).
The substance of the story was an investigative report concerning charges of wasted money in the Mass. Department of Correction (DOC) through that agency's funding out-of-state conference trips for upper-level department employees, and a tab of $40,000 for hosting a conference for the US Deputy Warden's Association in Worcester last August.
Several people have emailed this office concerned that the story might have been suggested by the union for Correctional Officers in an ongoing effort to confront the Commissioner. Union President Steve Kenneway was interviewed in the course of the story and provided corroborating testimony.
Whether or not the union was involved in providing the basis for the story, it does raise a question of why the final report of the Governor's Commission on Corrections Reform (GCCR) did not examine the pay scale and perks of upper management for the Department, but focused exclusively on the pay and perks of the line officers. If management-level expenses are not out of line, the GCCR report could have presented data to support that conclusion. Indeed, CJPC's published evaluation of the GCCR's final report failed to note the uneven treatment and, to our knowledge, no other outside organization raised this concern.
Waste and misappropriation may be inevitable in conducting business. However, not to look equally at every level of staffing does not comport with the DOC's professed mission statement ideal of being an "open" organization. In addition, the incomplete review of this agency suggests a bias that belies the cohesion that the Department desperately needs. |
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Work with CJPC!
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We are currently seeking an Executive Director. The part-time E.D. will be responsible for day-to-day operations and will work with the Board in program development and implementation. Our ideal candidate will have knowledge of criminal justice policy issues, fund-raising experience, a high degree of computer literacy, good written and verbal communication abilities, and strong interpersonal skills. We hope to find someone who can help grow the organization and grow with us. We are prepared to pay at the hourly rate of $20.00 for a 24- hour week. A full job description is posted at www.cjpc.org/ exect_dir_position.htm. If you have an interest in this work, of if you have any suggested candidates contact us at [email protected] or by phone at (617) 236-1188.
We have an immediate need for a Web Master to maintain our website, posting and deleting articles and cleaning up in preparation for a redesign project we expect to undertake in the coming year. Ideal for the person who prefers to work at home. Commitment: perhaps 1 to 1½ days per month. Currency in guaranteed gratitude from several hundred people around Massachusetts. Please email [email protected].
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