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Mandatory Minimums
In the 1970s and 1980s, the U.S. Congress and many state legislatures, including Massachusetts, passed laws that force judges to give fixed prison terms to those convicted of specific crimes, most often drug offenses. Lawmakers believed these harsh, inflexible sentencing laws would catch those at the top of the drug trade and deter others from entering it.
Instead, our prisons are now filled (and, in some instances, overflowing) with low-level, often first-time drug offenders, many of whom sold to support their own drug addiction. Drug treatment has been proven to more effective and costs 1/7th as much as incarceration. Partakers believes these mandatory minimum sentencing laws are misguided and ineffective. Where the intent had been "tough on crime", it is more important to be "smart on crime".
In 2004, Massachusetts spent more on prisons than on public higher education for the first time. For more details about the fiscal burden that our mandatory minimum drug sentences have placed on Massachusetts taxpayers, please visit the bulletin produced by the Massachusetts Taxpayers Foundation (PDF file; Acrobat Reader required).
Please visit the Families Against Mandatory Minimums (FAMM) website for additional details.
In the 2007-08 legislative sessions, the bill to reform Mandatory Minimum Drug Sentencing is Senate Bill 884.
How You Can Help Get SB 884 Passed:
The campaign to pass SB 884 is being lead by the SMART (Smart on Crime) Coalition, of which Partakers is a part. It needs grassroots support and outreach to legislators to be successful.
Below is a list of members of the Judiciary Committee. Also, there are talking points and sample email messages and phone call scripts you can use when contacting legislators.
If you are a constituent of one of the committee members, it is especially important that you contact him or her – and get as many people in his or her district to do the same.
If your Representative or Senator does NOT sit on the Judiciary Committee, your voice should still be heard! Please: • Contact the legislature's leadership and ask them to support SB 884 OR • Contact your legislators and ask them to contact the Judiciary Committee in support of SB.884: If you don't know your legislators go to: http://www.wheredoivotema.com/bal/myelectioninfo.php/color>
Leadership to contact: • Senate President Therese Murray at 617-722-1330 or Therese.Murray@state.ma.us/color> • Speaker of the House Salvatore DiMasi at 617-722-2500 or Rep.SalvatoreDiMasi@.state.ma.us/color>
Members of the Joint Committee on the Judiciary:
Creedon of Second Plymouth and Bristol - Chair Baddour of First Essex - Vice-Chair Antonioni of Worcester and Middlesex Creem of First Middlesex and Norfolk McGee of Third Essex and Middlesex Tarr of Essex and Middlesex
O'Flaherty of Chelsea - Chair Murphy of Burlington - Vice-Chair Naughton of Clinton Murphy of WIlmington Peisch of Wellesley Walsh of Lynn Curran of Springfield Keenan of Salem Walz of Boston Evangelidis of Holden Webster of Hanson
Quick Do’s and Don’ts of calls and emails /fontfamily>• /fontfamily>Do briefly describe why you are supporting SB 884 /fontfamily>• /fontfamily>Do not raise other subjects – stick to the facts about SB 884. /fontfamily>• /fontfamily>Do not threaten, argue, or be impolite –these individuals are the only ones who can change the law. /fontfamily>• /fontfamily>Do speak to a legislative assistant, if the legislator is unavailable – legislative assistants are very valuable and influential allies. /fontfamily>• /fontfamily>Do not worry about questions you cannot answer. Let the legislator know that DPFMA can answer questions, and be sure to contact info@dpfma.org/color> about questions that were asked and who wanted the information.
Talking Points: SB 884 is financially sound and “smart on crime.” What it does: /fontfamily>• /fontfamily>SB 884, sponsored by Senator Creem, permits parole for individuals convicted of drug offenses after they serve two-thirds of their sentence. /fontfamily>• /fontfamily>The bill would affect those currently incarcerated, as well as those sentenced in the future. /fontfamily>• /fontfamily>SB 884 makes an inmate eligible for ask for parole, but the parole board still can deny parole to any individual.
Why support SB 884: • It would save $12-15 million the first year, and more thereafter. It costs more than $44,000 per year to imprison one inmate.(Mass. Dept. Of Corrections) /fontfamily>• /fontfamily>Our prisons are overcrowded with non-violent, low-level drug users. SB 884 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. /fontfamily>• /fontfamily>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! /fontfamily>• /fontfamily>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) /fontfamily>• /fontfamily>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. /fontfamily>• /fontfamily>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 EMAILS & PHONE CALL SCRIPT
Sample Email - for Legislators on the Joint Judiciary Committee: Dear (Senator or Representative) ________________,
I am writing to you to because you serve on the Judiciary Committee, which is the committee that will be voting on Senate Bill 884. This bill would make those serving mandatory minimum drug sentences eligible for parole after they serve 2/3s of their sentence. The 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 $44,000 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 SB 884.
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 SB 884 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 $44,000 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 SB 884.
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 SB 884. You are likely to talk to their legislative assistant. Here are some talking points:
/fontfamily>• /fontfamily>I am calling to urge your support of SB 884, introduced by Sen. Creem. This bill would make those serving mandatory minimum drug sentences eligible for parole after serving two-thirds of their sentence.
/fontfamily>• /fontfamily>This bill does not require the parole board to release anyone. Parole could still be denied to any individual.
/fontfamily>• /fontfamily>We can’t afford to overcrowd our prisons with low-level, non-violent offenders, at a cost to taxpayers of ove $44,000 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. /fontfamily>
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