Criminal Legal Reform & Racial Justice—New Bills in MA Legislature
Background:
Nowhere are racial disparities more starkly on display than in our nation’s prison system. African Americans are incarcerated in state prisons across the country at more than five times the rate of whites, and at least ten times the rate in five states.
Unfortunately, MA is no exception to this terrible reality. While black and brown people make up 20% of MA residents, they make up 55% of the MA prison population.
Over 1,000 men and women serve life without parole sentences in MA, the fifth highest rate in the country. Our parole board is dysfunctional; it has a backlog of over 250 commutation and pardon petitions that have not been acted on.
As the vast majority of people in prison are sentenced by the states rather than the federal government, it is imperative to direct reform efforts at the state level if we are serious about addressing this issue.
Jim Goldberg/MagnumPhotos
New York Times columnist Charles Blow states, “The true frontier of criminal justice equality is on the state level.”
Data tracking racial disparities in incarceration shows numerous ways that communities of color are disproportionately targeted.
Blacks are nearly four times as likely to be arrested for drug possession despite overwhelming evidence that whites and blacks use drugs at roughly the same rates. Then there is the policing that targets specific areas either covertly or overtly as in the case of “stop and frisk.” These are just a couple of examples.
The negative impacts of incarceration extend well beyond the actual sentence and include (1) limited job prospects, (2) housing instability, (3) family disruption, (4) stigma and (4) disenfranchisement. Because of concentrations of poverty and imprisonment in certain areas, entire communities feel these negative impacts.
Crime Declining, BUT ....
Crime has been steadily declining since 1990, BUT Police Department budgets keep growing and the endless building of prisons and jails continues. There are so many vested interests in keeping and expanding the prison and jail population from the food and phone vendors to the Correction Officers’ Union that it has become a beast that continually needs to be fed.
The massive protests that occurred over the summer of last year triggered by the murder of George Floyd signal that the time has come for a different approach.
The Time to Act is NOW!
Let’s seize the moment to put maximum effort towards true criminal “justice” reform legislation that begins to address the brutalization of people of color through mass incarceration.
Let’s demand that our State Representatives and Senators say no to more prisons and jails and increased policing and instead direct funding towards investment in communities of color through community-based organizations.
Dan Atkinson’s recent article titled, “Mass Keeps Trying to Build a new Women’s Prison Outside of Public View” observes “When you talk about building new prisons, you are putting out the message to those of us that live in these communities that you are intending future generations to be in those beds”
Upcoming Bills in the MA Legislature that need support
This legislative session, bills have been filed to address over incarceration in the Commonwealth. This legislation includes:
Ending Life Without Parole sentencing (An Act to Reduce Ma incarceration would allow all people serving life sentences the opportunity for a parole hearing after serving for 25 years.),
Establishing a five year moratorium on new prison and jail construction (particularly in light of MA Department of Correction efforts to construct a new $50 million dollar women’s prison
Ending the incarceration of people for substance abuse disorder
Reducing the use of solitary confinement
Improving the medical parole/ compassionate release process
Reforming the parole process
Ensuring no cost calls for incarcerated individuals.
Look for Calls to Action that the LDTC will send to support these important bills. And when you see them, please take action!!!
For more resources relating to these MA issues:
Prisoners Legal Services
Prisoner’s Legal Services (PLS) is a not-for-profit legal services corporation that provides legal assistance to people who are incarcerated in MA state prisons and in county jails and houses of correction. PLS engages in administrative advocacy, litigation and public education on behalf of prisoners and their families and keeps tabs on the policies and practices affecting incarcerated people in MA.
The Criminal Justice Policy Coalition (CJPC)
CJPC is dedicated to improving our community through the advancement of effective, just, and humane criminal justice policy in Massachusetts by embracing rehabilitation through alternatives to incarceration, addressing the root causes of offending, and providing a pathway to reintegration into society.
Charles Hamilton Houston Institute for Racial Justice
The Institute serves as a critical bridge between scholarship, law, policy and practice and is well-positioned to bring together critical players from many spheres to devise and implement research-based solutions and remedies.
