One More Call For Juvenile Justice

The Amendments for the JJ Bill are problematic. In particular #1, #5 and #11. Take ONE MORE STEP:  PLEASE call your senators and ask them to Vote YES on S.2417 and NO on amendments #1, #5, #11 (as most harmful).  Explanations are below

Amendments #1 and #11, filed by Senators Brownsberger and Tarr, would do away completely with the expungement provisions of this bill.
Amendment #5, filed by Senator Tarr, would strike out reforms to exclude very young children (7 to 10 year olds) from juvenile jurisdiction
Please call again today and ask your Senator to REJECT these three amendments:

Find Your State Senator here.
Call the State House Switchboard at 617-722-2000 and ask to be connected to your State Senator’s office.

Sample script:
My name is __________. I am a constituent of the Senator and I live in__________. The Senate will debate S.2417, an omnibus Juvenile Justice bill and I ask that s/he vote YES on this bill.  I also ask that the Senator reject three harmful amendments to this bill:

Amendments #1 and #11 will deny reasonable efforts to allow young people move on beyond their past transgressions.  These amendments would prevent the expungement of juvenile records, even if the case was dismissed, or was years or decades old.
Amendment #5 would keep very young, elementary school age children subject to delinquency proceedings.  These Processing very young children is a waste of court’s limited resources, as they will highly unlikely be found competent to stand trial.
Thank you!

EXPLANATION

Amendment 1 – Removal of certain sections (Brownsberger)
OPPOSED 
Strikes out the entire section on expungement
Strikes out the entire section on youth status and DOC/HOC young adult programming
Strikes out language prohibiting the prosecution of child victims of sex trafficking
Removes the intra-family victim exception to parent-child privilege

Amendment 2 – Prohibiting Juvenile Solitary Confinement (Chang-Diaz and Eldridge)
SUPPORT
Bans solitary confinement for prisoners under age 18 (but only in prisons and jails)

Amendment 3 – decriminalizing non-violent and verbal student behavior (Jehlen)
SUPPORT
Disturbing public assembly and disorderly conduct offenses for students

Amendment 4 – further defining the role of school resource officers (Jehlen)
SUPPORT
School Resource officer MOU bill

Amendment 5 – Jurisdiction (Tarr)
OPPOSE
Strikes out language that would exclude very young children (7-10) from delinquency proceedings

Amendment 6 – Youth Mitigating Factor (Tarr)
OPPOSE
Strikes out youth status language for juveniles, but keeps language authorizing DOC/HOC to provide programming for young adults

Amendment 7 – Habitual Offender (Tarr)
OPPOSE
Three strikes language for adults

Amendment 8 – Finding of Delinquency on second and subsequent (Tarr)
OPPOSE
Specifies that offenses that are only a fine for the first offense will have a delinquency finding for the second or subsequent offense

Amendment 9 – Addition of a district attorney to the juvenile justice data taskforce (Lovely)
NEUTRAL

Amendment 10 – Court discretion (Lovely)
OPPOSE
Changes expungement for misdemeanor from automatic to discretionary

Amendment 11 – Expungement (Moore)
OPPOSE
Strikes out expungement

Amendment 12 – Task Force Members (Moore)
NEUTRAL
Adds the president of the Massachusetts District Attorney’s Association; the president of the Massachusetts Chiefs of Police to data collection task force

Amendment 13 – Corrective Amendment
SUPPORT
Clarifies that “restraints” not the “child” shall be removed from the court
Clarifies that youth status and adult sentencing is only for juveniles subject to adult sentences not for delinquency cases
Clarifies right to counsel with better grammar
Adds MDAA and Mass Police Chiefs to data collection task force

MA ACTION ALERT- Contact Senators NOW for JJ

THIS MESSAGE IS FROM CITIZENS FOR JUVENILE JUSTICE.
WE NEED YOU TO ACT TODAY!!
home-header.CFJJ
As many of you know, CfJJ and many others have been advocating for comprehensive, juvenile justice reform for the last year and a half.  Yesterday, the MA Senate — with amazing work from dedicated, tireless champions Senator Karen SpilkaSenator Cynthia CreemSenator Will Brownsberger, and Senator Dan Wolf — have reported a bill that would result in meaningful, critical progress on a huge host of issues.  We are tremendously excited about this opportunity, but WE NEED YOUR HELP NOW to get this a favorable vote.The Massachusetts Senate will be debating the Juvenile Justice omnibus bill on Tuesday.We need you to reach out to your State Senators over the weekend through social media and ask your Senators to vote YES on Senate bill 2417.

Sample Talking Points (highlight 2 or 3 in your social media posts to your legislators)

  • Vote #YESonS2417 Tuesday!  MA Kids deserve smart JJ Reform. #mapoli 
  • This bill would divert youth with low level offenses from going deeper into the justice system and will improve both public safety and outcomes for youth who do enter the system. #YESonS2417
  • Ban practices that can cause short and long-term harm to healthy development like arresting and arraigning very young children and indiscriminate shackling of children in court #YESonS2417 
  • Massachusetts spends hundreds of thousands of dollars to incarcerate youth who are of no threat to our communities, harming children and making them more likely to commit future offenses. #YESonS2417 
  • Allow for the expungement juvenile records in certain cases to ensure that youth are not burdened by a minor record as they enter adulthood  #ExpungeMA #YESonS2417
  • Keep very young, elementary school age children out of our delinquency system #YESonS2417 
  • Ensure that children are no longer treated more harshly than adults for certain minor offenses #YESonS2417 
  • Promote developmentally appropriate programming for young adults who are incarcerated #YESonS2417
  • By failing to collect basic information on justice-involved children and youth, MA can not set policy and funding decision to assess and ensure the fairness and effectiveness of the juvenile justice system. #YESonS2417
  • Create a task force to analyze and make recommendations to improve data collection and transparency in the juvenile justice system #YESonS2417

Thank you!

 

ACTION ALERT: Massachusetts Parole Board!

From the Coalition for Effective Public Safety, of which I am a member: we need Massachusetts to take action:

PLEASE CALL OR EMAIL THE GOVERNOR’S OFFICE NOW
ABOUT THE UPCOMING VACANCY ON THE PAROLE BOARD

On June 2, 2016, the term of office of one of the present Parole Board members, Sheila Dupre, ends.  The Governor will likely be reviewing applications for that position and nominating someone quite soon for the opening. The Coalition for Effective Public Safety would like you to take action now!

Please tell the Governor: As a concerned resident of Massachusetts, I am urging the Governor to fill Shiela Dupre’s seat by nominating another person for the Parole Board with training and experience in psychology, psychiatry, sociology, or social work, specifically treating substance use, addiction and mental health issues. Currently only one member has such experience.The addition of such a board member will also add additional and needed expertise to the many hearings involving adolescent behavior and crime. We do not need another person on the Board with a background in law enforcement.

1) Governor Charlie Baker – call 617.725.4005 

2) constituent.services@state.ma.us – ask that the email be forwarded to the Governor

A letter which explains why this action is necessary, the constitution of the current Parole Board, and background information on the alert is available if it might be useful for your message to the Governor. Please note that more than thirty-five organizations have signed on. If you want to read the letter before you make the call, contact me.

This is a time sensitive issue, so please Contact Governor Charlie Baker now. Tell him we need a new Parole Board member with training and experience in psychology, psychiatry, sociology, or social work, specifically treating substance use, addiction and mental health issues.

Thank you for your action NOW
______________________________________________________________

Lifer Parole in Mass=NOT

Image courtesy of Social Engagement

It’s time to say it. The paroling rate for lifers in Massachusetts is appalling and not promoting public safety.

Parole is not a free pass. It must be earned, but it is a cornerstone of public policy across the country. It provides the opportunity to serve the rest of one’s sentence in the community. It reunites families, allows returning citizens to be responsible citizens, and helps us to safely integrate prisoners back into society.

The National Institute of Justice has called a healthy parole rate “key” to enhancing public safety, and a policy statement revised by the Massachusetts Parole Board in 2012 made this point: “The most dangerous population in the Commonwealth are the ex-offenders who leave the prison setting from high levels of security without any form of post-release supervision and support.” Additionally, not giving people a chance for parole adds to overcrowded prisons, more dangerous conditions for officers, more despair for the prison population as a whole, and more expense for the taxpayer.

But guess what…Massachusetts’ lifer paroling rate seems built for political reasons and not for what’s best for the Commonwealth, and certainly not for giving people second chances. Why else would a 5 percent lifer paroling rate be in effect in Massachusetts in 2016? This is worse than in 2013, when the Board had a lifer release rate of 18 percent, according to research from a 2013 White Paper on parole, and significantly worse than in 2006 when 40 percent of lifers received positive votes.

I have written about the problems of the Massachusetts Parole Board several times. And every time I have tried to explain why letting out fewer people does NOT make us safer. And why it costs us so much (an estimate of annual recurring costs to keep Massachusetts lifers in prison is now more than $53,000 a year and as prisoners age, it costs even more to house those ill and dying, close to 2 to 3 times that cost says Prisoners’ Legal Services.)

When Governor Deval Patrick was in office, I called him out in 2011 after a police officer was killed by a career criminal who was out on parole, and Patrick caved to public outcry instead of launching a thorough investigation of the case. He forced the exit of five Parole Board members. Additionally, he failed to admit that any man-made system is subject to error. That might have been an unpopular position but it would have been the truth, and while there is no evidence to say that his political future was on the Governor’s mind with this move, it certainly seemed like a political decision.

Then again, when we needed new blood on the Board in 2012, along with many others, I strongly suggested  Massachusetts should diversify its Board and add more psychologists and substance abuse specialists—or how about a former parolee instead of a former prosecutor? How about someone from social work or education or sociology? Nope, it didn’t happen. Same old same old. Today we have Chairman Paul Treseler, a 20-year former  prosecutor; Ina Howard-Hogan, another former prosecutor; Lucy Soto-Abbe, a victim’s rights advocate; Shiela Dupree from the Department of Correction, Tina Hurley from Parole; and attorney Tonomey Coleman. Only one Parole Board member has experience in forensic psychology and that is Dr. Charlene Bonner.

In 2013, I wrote why Governor Patrick’s attempts to reform parole had only made it worse when I wrote Why Massachusetts’ Parole System Still Requires Reform. Not only have we not diversified the Board, but we are still paying no attention to what other states have found effective.

As I wrote in that article about Michigan, California, and New York: “The best case for parole actually comes from those who have committed some of the worst crimes. According to a 2009 study by the Michigan-based Citizens Alliance on Prisons and Public Spending, parolees originally convicted of homicide reoffended the least of all groups of ex-prisoners. Of 2,558 homicide parolees in that state, only 2.7 percent were returned to prison for any new crime, and only 0.5 percent were returned for another homicide. Other states have observed similar trends. A California report conducted in 2006 to 2007 showed that 51.5 percent of non-lifers on parole received new convictions, whereas only 4.8 percent of lifers did. In New York, just 2.6 percent of 1,480 murderers paroled from 1986 to 2006 were returned to prison for committing new crimes.”

However, it’s a little like screaming into a megaphone that’s on mute.

Here we are in 2016, with a new governor and a new chairman of the Board. Former Suffolk County ADA Paul Treseler was appointed by Governor Charlie Baker as Chairman in September, 2015. It is hard to imagine, I say to myself, that things could have gotten worse, especially if paroling lifers makes us safer. Yes, there is always some risk. However a 5 percent paroling rate for lifers surely implies that someone really really doesn’t want to take any chances— even if that means ignoring that those behind bars who have changed are still doing time for the person they WERE rather than the person they HAVE BECOME (a brilliant way of saying it, courtesy of Dr. Robert Kinscherff, a forensic psychologist who has examined some these lifers as kids and again tested them as adults.)

Since Treseler has been Chair, the Board has issued at least 40 lifer decisions as of May 12, 2016. There have been only two positive votes for parole from those 40 hearings, resulting in the current lifer paroling rate of  approximately 5 percent. Ten of those 40 hearings were juvenile first degree lifer hearings. In other words, those were hearings after Miller v. Alabama.  and Diatchenko v. District Attorney.  They were hearings after the Supreme Court declared that a child is capable of change even if he commits the most heinous of crimes; they were after significant advancements in brain research that has compelled us to consider that many grow out of crime. Not one of the juvenile lifers in the past eight months has received a positive vote for parole. This is in spite of the fact that recidivism among this cohort, when released on parole with supervision and support, is extremely low.

So what to do? First off, we need to educate ourselves on how to talk about the parole problem so we can speak out when openings on the Board arise. Then we need to push for change. Lifer parole hearings are open to the public. Hold the Parole Board accountable. If they continue with a 5 percent paroling rate, you can bet it has nothing to do with what’s best for Massachusetts.