***This legislation has been incorporated into the Public Safety Act of 2006.
Click here to view the Public Safety Act.

ACTION ALERT:
Help pass S.929 Parole Eligibility/Mandatory Minimum Sentencing Reform

Your 2 Minute phone call or e-mail can make a BIG difference!

Call or E-Mail Your State Legislators for Mandatory Minimum Sentencing Reform!

Here’s What to do:

1. Find out who your state legislators are . . .

by typing in your address at www.wheredoivotema.com or by calling the State House at 617-722- 2000. Look for your "State Senator" and "Representative in General Court." Click their names to go to their home pages which include phone number and e-mail.

2. Call or E-Mail your legislators (see below for talking points and sample message!)

It is likely that you will speak to an answering machine or an aid. Be sure to leave your phone number if you want a call back!

3. Call or e-mail CJPC to tell us you contacted your legislator’s office!

We need to know how many people the legislators are hearing from to plan our next steps. Call Brandyn @ 508-982-2247 or e-mail her at [email protected].

Talking Points: S. 929 is financially sound and "smart on crime."

What it does:

• S. 929, sponsored by Senator Creem, permits parole for individuals convicted of drug offenses after they serve two-thirds of their sentence.

• The bill would affect those currently incarcerated, as well as those sentenced in the future.

• S. 929 makes an inmate eligible for ask for parole, but the parole board still can deny parole to any individual.

Why support S. 929:

• It would save $12-15 million the first year, and more thereafter. It costs more than $42,000 per year to imprison one inmate.(Mass. Dept. Of Corrections)

• Our prisons are overcrowded with non-violent, low-level drug users. S. 929 allows the parole board to release those individuals who pose no threat to public safety, reserving expensive and scarce prison beds for people who commit the most serious offenses.

• Research shows that treatment of heavy users is at least eight times more effective than long mandatory minimum prison terms. (RAND, 1997) Every dollar invested in drug treatment saves taxpayers $7!

• Massachusetts's mandatory drug sentences unfairly hit black and Latino residents. In Massachusetts, 89 percent of those serving mandatory minimums are people of color, while about 80 percent of the state's population is white. The difference is not explained by drug use rates – whites do not use drugs at lower rates than non-whites do. (2004, Criminal Justice Policy Coalition)

• Harsh mandatory minimum sentences do not work as the legislature intended. They shift all sentencing discretion from judges to prosecutors, who often trade information for lighter sentences. Those who were the least guilty – like girlfriends and minor offenders — have no information to offer, so often get the longest sentences.

• National polls document that public opinion has shifted away from mandatory drug sentences, to restoring judges' ability to make 'fit the punishment to the crime."

Sample E-Mail and Phone Call Script

Sample Email - for Legislators on the Joint Judiciary Committee:

Dear (Senator or Representative) ________________,

I know that your Committee will be hearing S. 979 on November 22. I urge you to report S. 929 favorably out of the Judiciary Committee as soon as possible after the hearing. This will allow fast action on a part of sentencing reform that is sensible, simple, and has wide support.

This bill would make those serving mandatory minimum drug sentences eligible for parole after they serve 2/3s of their sentence. This bill does not require the parole board to release anyone. The parole board could deny parole to any individual.

We can't afford to lock up low-level, non-violent drug offenders for long mandatory sentences at over $42,000 per year per inmate.

Our prisons are overcrowded with non-violent offenders, threatening public safety and forcing the release of those convicted of more serious crimes.

Instead of convicting drug kingpins, Massachusetts and other states send nonviolent drug offenders at the bottom of the drug trade to prison for years, while those at the top exchange information and assets for lesser sentences. As for deterrence, drugs are purer, cheaper, and more easily obtainable than ever.

Mandatory minimum sentences take discretion away from judges to consider the facts in the case. They have a disproportionate impact on African Americans and Latino citizens, and are a major contributor to skyrocketing prison costs. I hope I can count on your support of S. 929.

Would you please let me know your opinion on this matter?

Sincerely,

Name Address Phone number

Sample Email for Legislators NOT on the Joint Judiciary Committee

Dear (Senator or Representative) ________________,

I ask you to contact your colleagues on the Judiciary Committee, and urge them to favorably report S. 929 out of committee soon after it has its hearing on November 22. This will allow fast action on a part of sentencing reform that is sensible, simple, and has wide support.

This bill would make those serving mandatory minimum drug sentences eligible for parole after they serve 2/3s of their sentence. This bill does not require the parole board to release anyone. The parole board could deny parole to any individual.

We can't afford to lock up low-level, non-violent drug offenders for long mandatory sentences at over $42,000 per year per inmate.

Our prisons are overcrowded with non-violent offenders, threatening public safety and forcing the release of those convicted of more serious crimes.

Instead of convicting drug kingpins, Massachusetts and other states send nonviolent drug offenders at the bottom of the drug trade to prison for years, while those at the top exchange information and assets for lesser sentences. As for deterrence, drugs are purer, cheaper, and more easily obtainable than ever.

Mandatory minimum sentences take discretion away from judges to consider the facts in the case. They have a disproportionate impact on African Americans and Latino citizens, and are a major contributor to skyrocketing prison costs. I hope I can count on your support of S. 929.

Would you please let me know your opinion on this matter, and whether or not you have spoken to members of the Judiciary Committee?

Sincerely,

Name Address Phone number

Sample phone call any Senator or Representative:

(You might want to vary your phone call as the above emails, depending upon whether they are on the committee or not.)

Ask to speak to the Senator or Representative about S. 929. You are likely to talk to their legislative assistant. Here are some talking points:

• I am calling to urge your support of S. 929, introduced by Sen. Creem. This bill would make those serving mandatory minimum drug sentences eligible for parole after serving two-thirds of their sentence.

• This bill does not require the parole board to release anyone. Parole could still be denied to any individual.

• We can't afford to overcrowd our prisons with low-level, non-violent offenders, at a cost to taxpayers of over $42,000 per year per inmate.

(It is unlikely, but you might be asked why you are interested in this issue, so have a brief answer ready.)

Thank the person you are speaking with and give them your full name, address and phone number. If you are speaking to a legislative assistant, ask that you receive a follow-up letter from the senator or representative.

*******

The campaign to pass S. 929 is being lead by the SMART (Smart on Crime) Coalition, of which the Criminal Justice Policy Coalition, Drug Policy Forum of Massachusetts, Families Against Mandatory Minimums, League of Women Voters of Mass., the Mass Chapter of NASW, and Partakers are a part. It needs grassroots support and outreach to legislators to be successful. If you know organizations that will sign on to the campaign, please contact us!