ACTION: Call the Governor: “3 Strikes”/Habitual Offenders

 

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UPDATE 5 (7/31/2012):

Despite strong opposition from many groups, including Progressive Massachusetts, and an outpouring of citizen objection, Governor Patrick has indicated he will sign the problematic 3Strikes/Habitual Offenders bill, after the Legislature rejected his proposed amendment, adding the so-called “safety valve” of limited judicial discretion.

We are deeply disappointed. The Governor has said he would support fixes to this legislation in the next session. We aim to hold him to his word, and continue to pressure the legislature to enact real–not reactionary–reform.

If you have not done so already, please contact your legislators (House and Senate) and request they follow up with you with a full accounting of their “YEA” votes on the “Habitual Offenders” bill.

click to see Legislators Who Said 'NO' to 3 Strikes

THANK THESE LEGISLATORS:

Senate: 

William.Brownsberger@masenate.gov, 

Sonia.Chang-Diaz@masenate.gov, 

Cynthia.Creem@masenate.gov, 

James.Eldridge@masenate.gov, 

Susan.Fargo@masenate.gov, 

Patricia.Jehlen@masenate.gov, 

Daniel.Wolf@masenate.gov

House:

Byron.Rushing@mahouse.gov, 

Ruth.Balser@mahouse.gov, 

Cheryl.Coakley-Rivera@mahouse.gov, 

Marcos.Devers@mahouse.gov, 

Tricia.Farley-Bouvier@mahouse.gov, 

Linda.DorcenaForry@mahouse.gov, 

Gloria.Fox@mahouse.gov, 

Jonathan.Hecht@mahouse.gov, 

Carlos.Henriquez@mahouse.gov, 

Russell.Holmes@mahouse.gov, 

Denise.Provost@mahouse.gov, 

Frank.Smizik@mahouse.gov, Frank.Smizik@comcast.net, 

Benjamin.Swan@mahouse.gov, 

Alice.Wolf@mahouse.gov 

We must continue to shine a light on the false premises that drive these bad policies. Please share any correspondence from your legislators with Progressive Mass, so that we can better target our advocacy next session!: takeaction@progressivemass.com

Onward we go.

click for previous updates

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Material from this Action Alert, Originally posted 7/19/2012, prior to Senate vote.: 

Context of the bill: “Tough on Crime” in an election year

Law-makers are often eager to appear “tough on crime,” and especially in an election year, legislators can also be afraid of being painted–by media, election opponents, law-and-order advocates–as “soft on crime.”

The current bill gained momentum with the backdrop of 2 highly publicized and tragic crimes committed by repeat criminals, including the 2010 killing of Woburn Police Officer John McGuire.

There is a clear political aspect to “tough on crime” legislation, especially in an election year.

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Positive Steps...

The bill does include reductions in sentencing for non-violent drug offenders, reduction in “school zone” penalties (which disproportionately punish urban offenders).

These are steps in the right direction, toward correcting the disproportionate incarceration of communities of color. Leaders in the black and latino communities, churches and progressive organizations have been advocating for these positive reforms.

The concern now is whether these reductions go far enough–and whether these positive steps outweigh the decidedly negative components of the bill.

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Unacceptable Policies

Unfortunately, there are several compelling reasons to reject this bill. The most troubling is the “3 Strikes” stipulation.

“What is “Three strikes”: A “strike” as defined by this bill is a conviction for one of 46 crimes, for at least 3 years in state prison. With three such “strikes,” parole eligibility automatically eliminated, without any judicial input or review. In this bill, parole eligibility is also withdrawn from felons serving 2 life sentences.

“3 Strikes” legislation became popular in state legislatures in the 1990s; many of those states are now looking for ways to repeal/rollback 3 strikes.

  • read this excellent editorial from the Metrowest Daily News–which calls on the Governor to Veto.
  • The supposed “deterrent” effect of “3 strikes” has no factual basis. California passed “3 strikes” in 1996 by public initiative; by 1999, evidence showed 3 strikes did not affect recidivism rates.
  • One-size-fits-all sentencing makes no sense: As this January Boston Globe letter states, “ We should leave the power of harsh sentencing to the judges, not some automatic system that disregards the details of the offender, the wishes of the victims, or the evidence of rehabilitation.”
  • “3 Strikes” policies inject–without any context–more prisoners into an already overstretched system–and disproportionate numbers of these prisoners will be minorities, further exacerbating the racialization of our criminal justice system. (see ACLU’s 2002 “10 reasons to oppose 3 strikes”)
  • Because of this legislation state prison population is estimated to increase by as many as 300 individuals a year, costing over $100 million over the next 10 to 15 years (see: Negotiators reach accord on three-strikes sentencing reform bill)

Finally, the final compromise bill does NOT include a “Safety Valve” provision that would allow for judicial review of “3 strikes” sentencing. Sen. Flaherty has indicated that the failure to include such a provision was a concession to protect against criticism of “watering down” the bill.

The Black and Latino Caucus has opposes the bill. Senator Cynthia Creem, who is on the Committee, has also expressed her opposition.

After it passes, we can also We must now pressure Governor Patrick to veto the bill–Call the Governor (888-870-7770 or 617-725-

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Further Information/Reading List

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PREVIOUS UPDATES:

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UPDATE4 (7/30/2012):

The Legislature has REJECTED the Governor’s amendments and Progressive Mass now believes the existing bill SHOULD BE VETOED.  Without the inclusion of the judicial review “Safety Valve” (which we describe below), this BILL IS DEEPLY FLAWED.  We believe the Governor should reject the bill and that the Legislature should start over next year.

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UPDATE3 (7/28/2012):

The Governor is sending the Habitual Offenders bill back to to the Legislature and demanding inclusion of the judicial review “Safety Valve” (which we describe below). In the context of the charged political climate in which this bill has been pushed, we see this as a victory — and it happened because people pushed back, spoke up and demanded something different of our elected officials.

But this is not over yet–the amendments must be voted on. If they pass–victory! If they do not, the Governor could veto… but the legislature could then override the veto if they have enough votes, and we would have the original 3-strikes bill. SO–onward:

CONTINUED ACTION (We’re not done yet):

Now, we must follow through and tell our legislators 

  • We want them to support the Governor’s amendments.—Speaker DeLeo and Republican members of the House are saying they have the votes to override the Governor. [Update 7/31: The Legislature REJECTED the Gov's amendments]
  • if you’ve been calling all along–this shows your legislators how informed you are as a voter, and how important this is as an issue. Keep calling! 
  • And please also give a “THANK YOU” to the progressive legislators who held the line for better reforms, and the Governor for insisting on improvements


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Contact Info for Legislators Who Said 'NO' to 3 Strikes (send a thank you email!):

Governor Patrick:  [update 8/1: for advocating for the "Safety Valve"--but he is still signing the bill, even w/o the safety valve] http://www.mass.gov/governor/constituentservices/contact/ (scroll down page at link for email comment form)

Senators: William.Brownsberger@masenate.gov, Sonia.Chang-Diaz@masenate.gov, Cynthia.Creem@masenate.gov, James.Eldridge@masenate.gov, Susan.Fargo@masenate.gov, Patricia.Jehlen@masenate.gov, Daniel.Wolf@masenate.gov

House: Byron.Rushing@mahouse.gov, Ruth.Balser@mahouse.gov, Cheryl.Coakley-Rivera@mahouse.gov, Marcos.Devers@mahouse.gov, Tricia.Farley-Bouvier@mahouse.gov, Linda.DorcenaForry@mahouse.gov, Gloria.Fox@mahouse.gov, Jonathan.Hecht@mahouse.gov, Carlos.Henriquez@mahouse.gov, Russell.Holmes@mahouse.gov, Denise.Provost@mahouse.gov, Frank.Smizik@mahouse.gov Frank.Smizik@comcast.net, Benjamin.Swan@mahouse.gov, Alice.Wolf@mahouse.gov 

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UPDATE2: 7/22/2012:

We are calling on the Governor to Amend the bill: CONTACT THE GOVERNOR; message/details below.

our 7/23 ACTION ALERT email:

view original email

Last week the Legislature passed the bill that is known as the “Habitual Offenders” bill.  Progressive Massachusetts OPPOSES this bill in its final form because it eliminates all judicial discretion in the case of  repeat offenders and does not eliminate mandatory minimums for non-violent drug offenders.  We would support a compromise that allows for the so-called “safety valve” that would give judges the discretion to grant parole to three-time felons AND truly eliminates mandatory minimums as the Governor originally proposed.

Call the Governor today at 888-870-7770 or 617-725-4005 and let him know you want him to amend this bill (See UPDATE 3: he has amended the bill!).  Then call your legislator [http://progma.us/whoismylegislator] and tell him or her to support the amended bill (see UPDATE 3: tell your legislator to SUPPORT the Governor’s amendments).

After your call, please help us track our advocacy by recording your advocacy below–and then urge your networks to do the same–we are louder when we act together! You can share this email, or share our action alert in your social networking sites: http://progma.us/3X_2012Jul

Thanks as always for your commitment to grassroots progressive activism!

–Progressive Mass. Issues Action Team

P.S.  There are other progressive bills that need your support. Check out our Action Center for more details: http://progma.us/pm_actioncenter 

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UPDATE1: HOW'D YOUR LEGISLATOR VOTE? 7/19/2012:

The bill has PASSED; now on to the Governor. Legislators who voted NO: Senate: Brownsberger, Chang-Diaz, Creem, Eldridge, Fargo, Jehlen, Wolf.  House: Rushing, Balser, Coakley-Rivera, Devers, Farley-Bouvier, Forry, Fox, Hecht, Henriquez, Holmes, Provost, Smizik, Swan, Wolf.

Please thank them for taking this politically difficult vote.

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Record Your Call