Tag Archives: parole

Let’s Be Smart About Sentencing and Parole

The stakes are high when we begin talking about public safety, crime prevention and the overall functioning of the Massachusetts criminal justice system.  Rhetoric like “tough on crime,” “three strikes and you’re out” and “if you do the crime, you do the time” are often bandied about when criminal justice reform appears on the horizon.

This week’s Boston Globe editorial, “Curb parole for violent crime, but rethink drug sentencing,” urged lawmakers “to create a stronger, fairer, and more economical criminal justice system.”  While saying this will necessitate an “approach that cracks down on violent offenders while taking a fresh look at nonviolent drug offenders,” the editorial  speaks to the importance of understanding the dynamic  relationship between mandatory sentencing, parole and prison cell availability.

A bit of background. . .

Even before the Boston Bar Association published its 1991 report, The Crisis in Corrections and Sentencing in Massachusetts,  the BBA has been on the forefront of discussions on how to make the MA criminal justice system more effective.  We have long taken the position that mandatory  minimums and their “one-size-fits-all” approach do not allow for judicial discretion to impose sentences that actually fit the crime.

We have yet to see the Senate bill to which the Globe editorial alludes.  All we know is that the bill is expected to be taken up for consideration and a vote by the full Senate soon.  While it’s unlikely there will be a public hearing on this particular bill, nobody can say it’s come out of left field.  Let’s review a bit of recent history:

  • December 2010 – A parolee released from a triple life sentence killed Woburn police officer Jack Maguire.
  • January 2011 – All five members of the parole board, including the Executive Director, resigned.  The governor, several legislators and a district attorney dusted off their own habitual offender bills and filed them in the legislature, producing an array of bills aimed at making changes to the current laws.
  • September – All of these sentencing bills generated hours of public testimony at a hearing before the Judiciary Committee.
  • Right now – A bipartisan group of senators, appointed by Senate President Murray over the summer, is at work producing a soon-to-be released parole bill.

What we do know from our more than 20 years of work in this area is that any parole reform or habitual offender bill that does not take into consideration mandatory minimum drug sentences is bad public policy.  Parole and habitual offender reforms should be a part of a comprehensive crime package – but one that should include sensible mandatory minimum sentencing reform for drug offenses – because of the interrelatedness of our criminal justice system’s components.  Parole reform, habitual offender legislation and sentencing reform are inextricably connected and the time has come for Massachusetts to implement measured change in this area.

 

-Kathleen Joyce
Government Relations Director
Boston Bar Association
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BBA Will Make its Voice Heard Re: Probation Reform

The Boston Bar Association (“BBA”) is often asked why we weigh in on some topics and not on others.  The short answer is we are interested in speaking up on issues that have an effect on the practice of law or the administration of justice.  In reality, it’s not that simple.  Getting to the point where we can voice our opinion or share our position involves a careful process.  Sometimes that process is anticipatory while other times it is reactive.

For example, last week’s blog post described one instance where the BBA was pre-emptive and got out front on an issue.  Our members identified an area, updating state consumer debt collection regulations, in which their expertise could be put to use.  Almost all of the recommendations our members made were adopted by the Attorney General’s Office and they are now in the process of promulgating the new regulations.

Next week, on March 30th, the BBA will testify before the Judiciary Committee at a public hearing on probation.  In this instance, the BBA’s involvement has consisted of a measured review and response to the legislation filed by Governor Patrick in January.  This legislation was filed in the wake of the patronage scandal in the Massachusetts Probation Department and the tragic murder of Woburn police officer John Maguire.  Following the death of Officer Maguire, there was a loud and justifiable clamor for immediate review and reform of the department.

The reason the BBA decided to step into the debate is that the proper management and governance of probation is vitally important to the administration of justice.  The final probation reform legislation is sure to have a significant impact on the practice of law and the administration of justice in Massachusetts.

Once the governor’s legislation was filed, BBA President Don Frederico appointed a Council-level study group consisting of a wide range of federal and state prosecutorial and public defense experience.  After weeks of review, which included meeting with experts in the field, thoughtful study and debate, the BBA Council endorsed the study group’s position articulating the guiding principles that the BBA believes any probation reform legislation should be based on.

The study group never set out to correct all of the problems identified in the Ware Report.  Instead, it recognized that there is no one way to solve these issues.  The Legislature needs the freedom to install a system that remedies the problems plaguing the department.

This recent crisis provides an opportunity to make critical changes to the Probation Department.  The BBA hopes that the study group’s principles will help shape criminal justice reform and lead to a more efficient department while improving public safety.

-Kathleen Joyce

Government Relations Director

Boston Bar Association

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