Contains parole eligibility and work release for some drug offenders
May 8, 2009
Yesterday Governor Deval Patrick filed a crime prevention bill that would allow some drug offenders currently serving mandatory minimum sentences to apply for parole. The Governor used the language that Sen. Cynthia Creem previously filed: if two-thirds of the maximum sentence is less than the mandatory minimum, then the prisoner can apply for parole after serving the two-thirds. The Governor's bill would also allow state prisoners to take part in work release programs and newly-created "community work crews." Please ask your legislators to write to their Judiciary Committee co-chair and urge the Committee to give the governor's bill a favorable report -- see details below.
FAMM's Massachusetts Project issued a press release yesterday raising Gov. Patrick for this significant development. We said that, "We are thrilled that Gov. Patrick has taken such an important step toward effective sentencing laws in Massachusetts. This is a win-win situation for the public. The Governor's proposal will reduce recidivism and save the cost of incarceration for future offenses. Moreover, drug offenders who are granted parole can contribute to the economy by supporting their families and paying taxes." For a copy of the full press release, click here.
Who would be affected? The Governor's proposal would apply to prisoners serving "and a day" sentences for drug offenses, such as 10 years to 10 years and a day. It would also apply to prisoners serving longer sentences where there is only a year or two difference between the minimum and maximum term. But other prisoners would need to wait until serving their full minimum sentence. Here are two examples:
Sentence: 10 to 12 years
Two-thirds of maximum = 8 years
8 is less than 10.
Prisoner would be eligible for parole after 8 years.
Sentence: 10 to 15 years.
Two-thirds of maximum = 10 years.
10 is not less than 10.
Prisoner would not eligible for parole until full minimum sentence served.
What happens next? Although this is exciting news, please keep in mind that the Governor's bill is only a proposal, not a new law. Like all sentencing bills, the Governor's bill must be considered by the Judiciary Committee. We will notify our members when a hearing date is set.
Keep pushing for reform! Please ask your legislators to write to their Judiciary Committee co-chairs to urge the Committee to support the Governor's proposal to allow drug offenders to apply for parole plus the repeal of mandatory minimum sentencing laws. Click here to use FAMM's Action Center to help identify your legislators and to write letters.
Please let us know if you have any questions. We are happy to work with you!
Contact FAMM in Massachusetts
By phone: (617) 543-0878
By e-mail: bdougan@famm.org
By mail: P.O. Box 57, Newton MA 02468
Sincerely yours,
Barbara
Barbara J. Dougan
Massachusetts Project Director
Families Against Mandatory Minimums (FAMM)