MBA memorandum on Senate Bill No. 2210

"An Act Relative to Sentencing Laws"

The Massachusetts Bar Association distributed the following memo to members of the Massachusetts Senate on Wednesday, Nov. 18, 2009.

To:                   Massachusetts State Senate

From:               Martin W. Healy, General Counsel

Date:                November 18, 2009

Re:                   Senate Bill No. 2210, An Act Relative to Sentencing Laws

 The Massachusetts Bar Association supports the proposed sentencing reform bill before you today, which revises the Criminal Offender Record Information (CORI) laws and provides parole eligibility for inmates serving mandatory minimum sentences for non-violent drug offenses.

The MBA is a long-standing opponent of mandatory minimum sentences and has been outspoken in support of reforms to mandatory minimum drug sentencing laws.  The astronomical increase in the Massachusetts correctional population is due, in large part, to the increase in drug arrests.  It costs $48,000 per year to house an offender.  Non-violent drug offenders face a one size fits all justice system in which previous offenses or their role in the offense are not taken into account.  Offenders have no incentive to plead guilty since judges have no discretion over the sentence, thus most cases go to trial.

Not only would the elimination of certain drug related mandatory minimum sentences save millions of dollars for the Commonwealth each year, but would reduce recidivism.  Instead of being released directly into the community, this legislation would grant offenders eligibility for parole and work release programs.  Numerous studies have shown that offenders who gradually re-enter their communities have a much lower recidivism rate than someone who walks right out of a correctional facility and into society.

The MBA has also been supportive of efforts to revise CORI laws to provide our citizens with greater accuracy, earlier sealing of records, and greater clarity in the reports.

For the foregoing reasons, the Massachusetts Bar Association urges your support of reforming Massachusetts' sentencing laws.