FAMM, Drug Court Judge and Governor’s Public Safety Team Testify in Support of “Smart on Crime” Sentencing Reform Proposals
For Immediate Release: July 27, 2009
Contact: media@famm.org
BOSTON, Mass. – Mandatory minimum sentencing reform and expansion of drug treatment programs are “smart on crime” policies, according to testimony presented to the Massachusetts Judiciary Committee today by Barbara J. Dougan, Massachusetts project director of Families Against Mandatory Minimums (FAMM) and the Honorable Robert P. Ziemian, a Justice of the Massachusetts Trial Court and a nationally recognized pioneer in drug courts.
“The sentencing reform bills before you today would profoundly modernize Massachusetts’ approach to drug offenses and substance abuse, replacing outdated practices with policies that protect public safety, save millions of dollars and restore families,” Dougan told the committee. “Massachusetts trails behind at least 12 other states with more enlightened and effective drug laws.”
“In Massachusetts, drug offenders are routinely sentenced to 10, 15 or more years in prison for nonviolent offenses, even as first-time offenders. They serve longer sentences than many who have committed violent crimes. To make matters worse, during the mandatory minimum term of their sentences, they are barred from reentry programs such as parole and work release, even though that policy undermines public safety,” Dougan said.
“Courts must have the discretion to impose punishment that fits the crime, a position supported by the ever-increasing body of research showing the need for reform, the growing condemnation of harsh and ineffective drug policies, and the movement for change across the nation,” concluded Dougan.
Judge Ziemian, who started the first drug court in South Boston and was featured in HBO’s 2006 series on addiction, also testified. "Drug courts are part of the solution in Massachusetts,” said Judge Ziemian. “Drug courts work better if judges have sentencing discretion."
Leaders of the Patrick Administration’s public safety team – Kevin M. Burke, Secretary of Public Safety and Security, Harold V. Clark, Commissioner of the Dept. of Corrections and Mark A. Conrad, Chairman of the Parole Board made the same points in their testimony in support of Gov. Patrick’s proposal to allow drug offenders to take advantage of reentry programs such as parole and work release.
Also testifying was Bernice Williams, mother of Bonnie DiToro, a nonviolent drug offender serving a 15-year mandatory minimum sentence in Massachusetts. Williams described how her daughter started using cocaine after her husband’s death. When her daughter was sent to prison, Williams was forced to continue working until age 70 to support her grandchildren.
Says Williams, “When the legislature passed these mandatory minimum laws, I don't think they realized how whole families would be punished along with the person who committed the crime. Bonnie knows she did something wrong and deserved to be punished. But 15 years? Our lives were turned upside down.”
FAMM’s testimony focused on bills filed by Rep. Benjamin Swan and Sens. Thomas McGee and James Eldridge to reform mandatory minimum sentences for drug offenses.
H.1755/S.1740 would repeal all mandatory minimum sentences for drug offenses, allowing courts to impose sentences that fit the facts of the case, which might range from probation to the maximum sentence allowed. The bill would also allow drug offenders to apply for parole and work release and to earn “good conduct” credits while incarcerated. State prisoners could apply after serving two-thirds of their minimum sentence while House of Correction prisoners could apply after serving one-half.
H.1754 would reduce the size of drug-free “school zones” from 1,000 feet to 100 feet. This alone would significantly reduce the egregious racial disparities that result from school zone prosecutions, given the wide net they cast over urban areas. The bill would allow the courts to impose sentences based on the facts of each case; in those instances where incarceration is appropriate, the school zone sentence could be served concurrently with the sentence for the underlying offense. Currently, it must be served after completion of the first sentence.
A recent multi-disciplinary report from the Massachusetts Bar Association found that mandatory minimum sentencing reform and diverting nonviolent drugs offenders to treatment could save the state more than $25 million a year.
Established in 1991, Families Against Mandatory Minimums (FAMM) is a nonprofit, non partisan organization that is the national voice for fair and proportionate sentencing laws. FAMM believes the punishment should fit the crime and the individual. FAMM represents a diverse group of attorneys, judges, prisoners, families and concerned citizens. For more information on FAMM, visit www.famm.org.
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