Mass. Senate Considers Criminal Justice Overhaul

Associated Press

Boston — Eliminating minimum mandatory sentences, revamping the bail system and raising the age of those sent to juvenile court from 18 to 21 are just some of the steps the Massachusetts Senate is weighing as it seeks to overhaul the state’s criminal justice system.

On Thursday — ahead of the release of a long-awaited study — a number of senators outlined what they would like to see Massachusetts do to focus more on serious criminals while preventing lower-level offenders from languishing in prison on the taxpayer’s dime.

One major change would be the elimination of mandatory minimum sentences for nonviolent drug offenders.

Critics say the mandatory minimums have the effect of locking up offenders for long stretches of time instead of helping them deal with their addiction and rehabilitate their lives. The sentences also tie the hands of judges, opponents say.

“They come in, the judge looks around and says, ‘I’d like to help you, but I can’t,’ ” said Sen. Cynthia Creem, D-Newton.

The Senate is also looking at revamping a bail system critics say can be used to unfairly lock up poor people who can’t afford even modest bail while allowing the release of those with deeper pockets who are charged with more serious crimes.

Sen. Michael Barrett, D-Lexington, said he is pushing a proposal that would guarantee the right of representation to anyone threatened with incarceration so they better understand their options.

“The inability to pay should not result in you going to jail,” he said.

Raising the juvenile justice age from 18 to 21 would reflect a better understanding of the development of the brain in adolescence and young adulthood, according to Sen. Karen Spilka, D-Ashland.

Spilka said increasing the age would ensure that the state isn’t treating youthful offenders as adults before their brains have fully developed. Sen. Sonia Chang-Diaz said another step the state should take is increasing the dollar amount needed to trigger a felony larceny charge from $250 to $1,500. She said that is actually below the rate of inflation from when the level was last increased from $100 to $250.

Overhauling the criminal justice system should also include looking at the state’s truancy laws and trying to find out why students are absent and whether they need help staying in classes.

“If I’m a principal of a school with 300 students and 75 aren’t showing up, I should know why,” said Sen. Linda Dorcena Forry, D-Boston.

The Boston Democrat said a lot of those stealing goods are trying to feed a drug habit and need treatment instead of jail cell.

Chang-Diaz said the problem goes beyond just tweaking existing state laws. Many communities, she said, have been harmed by a broken criminal justice system that separates families and leads to the loss of parents and community members for years at a time, tearing at the fabric of neighborhood life.

The senators said many of the changes have the added benefit of saving tax dollars.

The lookahead comes as a long-awaited review of the Massachusetts criminal justice system conducted by the Council of State Governments is expected to be released this week.

The council’s Justice Center was asked by state leaders to collect data and develop policy options that reflect an overall goal of reducing state spending on prisons and putting the savings toward polices that lower recidivism rates.

The effort isn’t unique to Massachusetts. Some two dozen other states are currently or in the past decade have received assistance from the center, and many have already implemented recommendations aimed at reducing inmate populations.