Seeking to Correct ‘Misconceptions’ About Melissa's Bill

Yesterday I joined with Senate Ways and Means Vice Chairman Steven A. Baddour (D-Methuen) to reach out to the Boston City Council in an attempt to correct some of the inaccuracies and misconceptions surrounding the Senate’s habitual offender bill and to request the Council’s support for the incarceration of violent repeat offenders.

In a letter hand-delivered to the Council’s Public Safety Committee yesterday afternoon, we sought to refute some of the concerns raised in a Resolution proposed by District 4 Councilor Charles Yancey relative to the cost, scope and impact of the habitual offender bill. That bill, along with a scaled-back House version, is currently being reviewed by a six–member House and Senate Conference Committee on which Senator Baddour and I are both serving on.

The habitual offender bill, contrary to published reports, will not cost millions of dollars, nor will it lead to an increased burden on Massachusetts tax payers. In fact, the Senate Ways and Means Committee whose primary function is to ensure that the state budget is balanced and responsible, has analyzed the Senate version of the bill and concluded that it will have no cost in Fiscal Year 2012. The Senate Ways and Means Committee also estimates that, when fully implemented, the costs incurred by this legislation will be offset by cost-saving measures contained in the legislation. This includes an estimated savings of up to $5 million associated with drug offenders who are currently serving mandatory minimum sentences in state prison but who will now become eligible for parole.

In addition to the economic costs, we also refuted several other concerns raised in the Yancey Resolution, including:

• Scope of Bill – The Yancey Resolution suggests that the habitual offender bill would apply to hundreds of felony crimes in Massachusetts and would ensnare the non-violent, the petty criminal, the drug dependent and the mentally ill. The bill would actually impact only those individuals convicted for the third time of committing one or more of the 59 most violent felonies, including rape, murder and other serious crimes that involve violence, force or the threat of force.

• Automatic Life Sentences – The Yancey Resolution compares the habitual offender bill to so-called “three strikes laws” implemented in other states that require a life sentence without parole after two or more previous criminal offenses. The Senate bill simply requires repeat offenders to serve the maximum punishment for a third offense, but does not mandate life sentences for all crimes.

• Prison Overcrowding – The Yancey Resolution predicts massive long-term incarceration if the Senate bill is enacted that will exacerbate an already overcrowded prison system, but the bill will actually free up prison space by reducing mandatory drug minimums, steering those individuals to needed rehab services and freeing up space in our prisons for the most violent criminal offenders. The letter also notes that over the last 10 years, 84 individuals were sentenced under the existing habitual offender statute (an average of 7 to 8 a year), while the Senate bill, once implemented, would impact an estimated 4 to 5 additional offenders a year, due to the fact that the Senate bill specifically targets repeat, violent offenders who have been convicted of some of the most heinous crimes against society, not anyone convicted of a misdemeanor or a lesser felony.

We welcome the City Council’s partnership in our efforts to preserve public safety, and hope that we can move forward by working together to ensure that these violent, repeat offenders will no longer be a threat to the residents of Boston or any other citizen of the Commonwealth.

Posted below is the letter we sent yesterday to the Boston City Council in its entirety.



Letter to Boston CIty Council Regarding the Habitual Offender Bill 2012.02.28

Media Alert: On the Air with Callie Crossley

Please tune in to today’s Callie Crossley Show on WGBH 89.7FM at 1:00pm where I will be discussing with host Callie Crossley the need for sentencing reform for habitual violent offenders. Today’s show will include guests Les Gosule (whose daughter was a victim of a habitual violent offender), Marc Mauer of The Sentencing Project, and Rev. George Walters-Sleyon from the Center for Church & Prison in Dorchester.

Please click here to read several past posts about sentencing reform, and don’t forget to tune in to WGBH 89.7FM at 1:00pm or click here to listen to today’s lively discussion.

On the Air with WGBH's Greater Boston

Yesterday I joined Harvard Law School Professor Charles Ogletree and host Emily Rooney to discuss the proposed "three strikes law" for violent habitual offenders on last night's edition of Greater Boston on WGBH-TV. To watch the segment in its entirety, just play the video clip posted below.

Media Alert: On the Air with WGBH Greater Boston

Tonight at 7:00pm I will be a guest on WGBH’s Greater Boston with host Emily Rooney. We will be discussing the progress of a habitual offender bill that is currently under consideration by a six member conference committee. Please tune in to Channel 2 at 7:00pm and again at 12:00am tonight to watch our lively discussion.

Media Alert: On the Air with Jeff Katz

Tomorrow morning I will be talking with Jeff Katz of the Jeff Katz Show on Talk 1200AM Boston to provide an update from Beacon Hill. Possible topics include human trafficking, parole and sentencing reform, expanded gaming, congressional redistricting and pension reform. Please tune in or click here tomorrow morning at approximately 8:05AM to listen to our lively discussion.

Legislative Agenda

With the legislature concluding formal sessions on Wednesday, November 16 until January, there are some important legislative proposals that the Senate and House needs to take action on. Some bills that we will be taking up today and tomorrow include pension reform, expanded gaming in the Commonwealth, a human trafficking bill, the redistricting of Congressional districts and a habitual offenders sentencing bill.

To read the text of the bills please click the posted links below:
Pension Reform
Expanded Gaming
Human Trafficking
Redistricting
Habitual Offender Sentencing

On The Air with Les Gosule

Last Friday, I appeared with Les Gosule, father of Melissa Gosule, and on-air personality VB on the Fox 25 Morning News, one day after the Senate unanimously approved the passage of a comprehensive bill that would deny parole to three-time violent habitual offenders. The bill – which also contains a Republican-sponsored provision requiring these same repeat offenders to serve their sentences consecutively, rather than concurrently – is now before the House of Representatives awaiting further action.

To watch the interview in its entirety, just click play on the video posted below.

Parole reform bill: One step closer to law: MyFoxBOSTON.com

Media Alert: On the Air with Fox 25

Tomorrow morning I will be joining with Les Gosule, Melissa Gosule’s father, as guests on the Fox 25 morning news. We will be discussing with political commentator VB a comprehensive parole and sentencing reform bill, which passed today in the Senate by a 36-0 unanimous vote. Please tune in tomorrow morning at approximately 8:55am to watch our lively discussion.

Senate Unanimously Passes Parole Reform Bill

The Massachusetts Senate today approved a comprehensive parole reform bill that includes a Republican-sponsored measure requiring third time violent habitual criminals to serve their sentences consecutively, rather than concurrently. The bill passed unanimously on a vote of 36-0.

The efforts to reform the state’s parole system originated with legislation that was filed in January by the Republican Caucus in partnership with many of our Democratic colleagues.

Today marks an important victory in our efforts to secure justice for the families of those who have been victimized by violent crime and to ensure that violent habitual offenders serve their time so they cannot harm any other innocent victims. There is still much work to be done, and we cannot be satisfied until the House and Governor Patrick follow the Senate’s lead and these changes are signed into law.

In addition to securing language barring concurrent terms for violent habitual offenders, the Senate also approved Republican-sponsored amendments that would:

· require the members of the parole board to certify in writing that they have reviewed the criminal record of those inmates that come before the board seeking parole;

· mandate that the parole board provide written certification of its attempts to comply with requirements that it notify the attorney general, district attorney, police chief, victims and victims’ families before conducting a hearing to consider granting parole to anyone serving a life sentence;

· give the governor the authority to remove members of the parole board for cause after giving notice and holding a public hearing; and

· require that if the parole board does not post portions of public records and summary statements of their hearings on the Internet, the board must state the reason(s) why it cannot do so.

The bill now heads to the House for further action.

Senate Republicans Push for Parole Reforms

With the Senate poised to take up a comprehensive parole reform bill on Thursday, the Senate Republican Caucus is hailing the bill as a major step forward in protecting public safety.

We have been fighting for extensive parole reforms since the session began in January, and we are now very close to achieving that goal. This is a very good bill, but at the same time, we feel we can make it stronger by taking steps to ensure that some of the proposed changes do not undermine the integrity of our criminal justice system.

Senators Robert Hedlund, Michael Knapik, Richard Ross and I have filed a series of amendments designed to crack down on violent habitual offenders and make it tougher for individuals serving a life sentence to qualify for parole.

The Caucus is attempting to block efforts to reduce minimum mandatory sentencing terms for drug offenders and a proposal that would make it easier for criminals to shave time off their sentences by participating in “good time” credit programs of questionable value. The Caucus is also calling for changes that would empower the governor to remove parole board members for cause and require law enforcement officials, victims and the families of victims to receive advance notice of parole hearings so they can testify before the parole board.

The Senate Republicans’ amendments would:

• Strike language contained in the proposed bill that would reduce the minimum mandatory sentence for several drug offenses;

• Increase the minimum time served for individuals serving a life sentence before being eligible for parole from 15 to 20 years;

• Require sentences imposed on third time habitual offenders to run consecutively, not concurrently;

• Remove proposed increases in the “good time” sentencing reductions for prisoners;

• Require prison superintendents to get approval from the commissioner of corrections before approving of the worthiness of the good credit program;

• Maintain drug-free school zones at 1,000 feet, rather than the proposed reduction to 500 feet;

• Set term limits for parole board members at two consecutive terms, or 10 years;

• Require that at least two members of the parole board have law enforcement experience;

• Mandate that a victim or victim’s advocate serve on the parole board;

• Require the parole board to read criminal records aloud at parole hearings and to document having done so in the record;

• Require that if the parole board does not post portions of public records and summary statements on the Internet, it must state the reason(s) why it cannot do so;

• Mandate that the parole board provide written certification of its attempts to notify law enforcement, victims and victims’ families prior to holding a hearing;

• Require parole board Internet postings to include a summary of the proceedings;

• Require the governor to use the recommendation panel when filling a vacancy on the parole board, and also give the governor the authority to remove a parole board member for cause after notice and a public hearing;

• Establish a special commission to study the potential effects of adopting the federal model for authorizing sentencing reductions in place of the current state parole system; and

• Increase the size of the parole board nominating panel from five to seven to fill vacancies on the board, while mandating that the two new positions be filled by a local law enforcement official and a member chosen by the state’s District Attorneys Association.

Posted below is a list of crimes for which three convictions would eliminate the possibility of parole.

List of Offenses

Media Alert: On the Air with Dan Rea

Tonight at 10:00 on WBZ Radio (AM1030) I will be discussing with Senator Steven Baddour and host Dan Rea parole and sentencing reform now pending before the Senate. That legislation, based on a bill we filed several months ago and another bill, known as “Melissa’s Law”, targets those serving multiple life sentences and repeat violent offenders, and is scheduled for debate on Thursday.

Posted below is a summary of the bill. Please click here or tune in to WBZ-Radio 1030 AM at 10:00pm to listen to tonight’s broadcast

S.2054 Summary

Fighting for Parole Reform

Today’s Gloucester Daily Times featured an article highlighting my efforts in moving a bill that would provide parole reform. I have worked closely with Les Gosule and Chuck McGuire, and several of my colleagues on this very important issue. To read today’s Gloucester Daily Times report please click on the posted article below.

Tarr's Parole Reform Push in Home Stretch 10.16