By Cynthia Stone Creem
Wicked Local Newton, Nov 23, 2009

For decades, we have been paying a high price for the well-intentioned but short-sighted introduction of mandatory-minimum sentences for nonviolent drug offenders. What was originally billed as an effort to “get tough on crime” has tied the hands of judges and led to massively overcrowded correctional facilities and runaway corrections budgets. But the worst outcome is that, contrary to promises, all of this has come to pass with no discernible decrease in crime rates.

I have been calling for sensible reforms to address this problem for some years now. And I am pleased to say that this past Wednesday, on the last formal day of the 2009 session, the state Senate capped a year of reform by taking the first step toward adopting these changes, by passing a major overhaul not only of mandatory minimums for nonviolent drug offenders and at the same time requiring postrelease supervision of prisoners and also reforming our Criminal Offender Record Information system.

For the thousands of prisoners serving mandatory-minimum terms for nonviolent drug crimes, the Senate plan provides eligibility for parole after they have served two-thirds of their minimum sentences (or half, for those serving shorter sentences in county jails). No one will be released upon enactment of this bill. Rather, they will have to earn parole, just as any other inmate would, by successfully arguing before the Parole Board that they are worthy of being returned to society.

We have a Parole Board for a reason. They do very well at a difficult and demanding task, and they deny about one-third of the applications before them. This bill allows the board — and the judges who preside over criminal trials — to do their jobs.

The Senate bill also guarantees supervision, for up to two years, of any ex-offender who is released from our state prisons directly onto the street, without probation or parole. It is a common misconception that everybody who leaves prison has some form of supervision, such as parole. In fact many prisoners, such as those who are serving mandatory minimums for nonviolent drug offenses, are returned to the streets without any conditions placed upon them. Some others simply choose to “wrap up” their sentences (not even seeking parole) because they see it as a way to avoid the supervision and restrictions that come with probation or parole. And perversely, those offenders who are denied parole, and are perhaps most in need of this kind of monitoring, are also not currently receiving it. Mandating such post-release supervision will decrease recidivism by smoothing the transition of prisoners back to society.

The bill’s balanced approach — expanding the opportunity to earn an early release for some, but also mandating post-release supervision for all inmates — has won broad support not only from my Senate colleagues but from law enforcement, judges, academics and activists as well.

The other key component of this legislation would bring sweeping changes to the way so-called CORI reports are made available for background checks, mostly in the context of applications for jobs or housing. For the first time, all employers and landlords would have access to these records on the Web. But for those who don’t re-offend, the time period that their records remain available for viewing in the system would be reduced from 15 to 10 years for felonies (and from 10 to five years for misdemeanors). And because the current system is plagued with inaccurate or misleading information, the legislation offers steps to help correct such errors.

Law enforcement would still be able to see full criminal histories on any individual, and neither homicides nor registered sex offenders would be eligible for sealing from public view. As an added benefit, the new CORI system should provide $20 million a year for the state. As with sentencing, the CORI aspects of this bill are similarly balanced, and this is why it has won praise from both business and labor groups.

What this measure represents above all is an effort to move beyond labels such as “tough” or “soft” on crime and start getting smart on crime, spending tax dollars wisely, and focusing on public safety at the same time. The bill, which has the support of Gov. Deval Patrick, is now before the House of Representatives, and I hope that they will join my colleagues in the Senate in turning the page on the outdated policies of the past.

State Senator Cynthia Stone Creem represents Newton, Brookline, and parts of Wellesley. She is the Chair of the Joint Committee on The Judiciary.

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