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Mandatory Minimum Sentencing
DPFMA asserts that mandatory minimum sentencing should be repealed both federally and in Massachusetts.
History
- Twenty years ago, state and federal lawmakers began passing laws that required pre-determined harsh mandatory prison sentences for people convicted of drug offenses -‹ regardless of the specific circumstances of each case.
- Lawmakers believed that mandatory drug sentences would lock up drug kingpins and deter others from getting involved in the drug trade.
- Instead of drug kingpins, low-level couriers and addicts, some with no prior criminal record, are being sentenced to harsh prison terms.
- In April 1996, under a legislative mandate the Massachusetts Sentencing Commission — made up of District Attorneys, Judges, Defense Attorneys, Probation Officials, Sheriffs, Chiefs of Police and other experts — released an unanimously adopted set of compromise recommendations on the need to change sentencing in Massachusetts. Since that time, bills have been introduced every legislative session with no one piece being made into law. DPFMA continues to work toward the passage of sentencing guidelines and increased judicial discretion proposed by the Sentencing Commission.
- In the 2003-2004 legislature Senate Bill 167, sponsored by Senator Cynthia Creem (D-First Middlesex and Norfolk), would make non-violent mandatory drug offenders eligible for parole after serving 2/3 of their sentence.
DPFMA Goals
Working with national sentencing reform organizations and local groups dedicated to reforming Massachusetts Sentencing Guidelines -- including the Massachusetts Sentencing Commission.
- In the 2005-2006 legislature that are over 20 bills that have been introduced— ranging from bills that cover all of the Sentencing Commission’s guidelines to bills that would make sentencing harsher and the system more draconian.
- Among the many pieces of sentencing legislation, DPFMA is working closely on S.931 sponsored by Senator Creem, which would allow individuals incarcerated under mandatory minimum sentences to become eligible for parole after 2/3 of their sentence has been served.
- Additionally, DPFMA is following H.938 sponsored by Representative Festa which would make into law the reforms recommended by the Massachusetts Sentencing Commission.
Resources
Other organizations that work on Sentencing Reform
Research on Sentencing Reform
View a breakdown of sentencing legislation in the 2005-2006 Massachusetts General Court.
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Mandatory minimums tie the hands of judges and completely disregard individual case facts that may call for a lower sentence.
Mandatory minimums disproportionately affect people of color -- in Massachusetts 80% of those convicted under mandatory sentencing are people of color, when 85% of the state population is white.
In Massachusetts, prison overcrowding is a primary cause of our state budget crisis.
More than 30% of the state's prisoners are in jail for a drug offense, costing the state $84 million.
The U.S. prison population has more than doubled between 1990 and 2003 -- mostly due to mandatory sentences, so that we know have the largest prison population in the world with over 2 million prisoners.
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