Bills Advances Parole Eligibility, Will Enhance Public Safety While Saving Millions
For Immediate Release
October 20, 2009
Contact: Monica Pratt Raffanel, media@famm.org
BOSTON: Embracing the national trend toward cost effective and evidence-based policies on crime, Massachusetts’ Joint Judiciary Committee has advanced a bill that would expand parole eligibility for drug offenders, addressing one of the worst injustices created by mandatory minimum sentences for nonviolent drug offenders. The legislation, introduced by Sen. Cynthia Creem, has been reported favorably to the Senate for further consideration.
Sen. Creem commented, “This is a bill that has been a top priority of mine for several years. I am very pleased by this development, and I look forward to continuing to work both on shaping a final bill and on convincing other legislators that the time is right to make this sensible reform a reality.”
Barbara J. Dougan, FAMM’s Massachusetts project director, issued the following statement: “FAMM applauds Sen. Creem, Rep. O’Flaherty and members of the Judiciary Committee for keeping sentencing reform on the front burner. Reform of the state’s mandatory minimum drug laws is long overdue. Sen. Creem’s bill, S.1651, will save taxpayers millions by allowing currently incarcerated drug offenders to apply for parole, rather than serve their entire sentences, which are often longer than sentences for violent crimes. The state’s top law enforcement officials have spoken out about the need to improve access to reentry programs such as parole for drug offenders and to reserve expensive prison space for dangerous criminals. This bill does not guarantee that anyone will be granted parole; the Parole Board will still make that decision. Instead, it affords deserving drug offenders the same re-entry opportunities that are available to most other prisoners. It will also reduce prison overcrowding, a dangerous situation for both correctional officers and inmates.”
S.1651 would allow prisoners convicted of certain drug offenses to apply for parole after they serve two-thirds of the maximum sentence imposed, if that is less than their mandatory minimum sentence. Currently, drug offenders convicted under these laws cannot apply for parole regardless of their situation at the time of the offense, such as need for drug treatment or no prior record. The bill applies to those who are currently incarcerated, as well as those sentenced in the future. Said Dougan, “This bill would allow drug offenders who pose no threat to the public to more successfully transition back to the community. Under supervision from the Parole Department, they can become productive wage-earners and support their families.”
Significant reform of Massachusetts’ mandatory minimums cannot come fast enough for FAMM members like Bonnie DiToro, now serving her 11th year of a 15-year mandatory minimum sentence for a drug offense. Struggling with cocaine addiction after her husband died, Bonnie became involved with her supplier. When he was arrested during a drug transaction, Bonnie was also arrested, although she was not directly involved. Bonnie was convicted of drug trafficking and because Massachusetts’ rigid mandatory minimum drug laws consider no factors except the weight of the drug involved, the judge was forced to sentence Bonnie to a mandatory sentence of 15 years. It currently costs the state around $47,000 a year to keep this mother of two behind bars. Bonnie would now be eligible for parole under this proposal.
Families Against Mandatory Minimums (FAMM) is a national nonpartisan, nonprofit organization that works to ensure that the punishment fits the crime. In 2008, FAMM launched a project in Massachusetts to reform state mandatory minimum sentencing laws for drug and drug-free zone violations.
To read profiles on people serving mandatory minimum sentences in Massachusetts, or for more information on FAMM, click here.
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