Amendment ID: S2185-64

Amendment 64

forming a task force to report on mandatory minimum sentences

Ms. Chandler, Ms. Jehlen and Mr. O'Connor move to amend the bill There shall be a task force to evaluate and review the impact and effectiveness of eliminating certain mandatory minimum sentences and to make recommendations on the advisability of making further changes to criminal sentences that impose a mandatory minimum sentence.  The evaluation and review shall include, but not be limited to:(i) the impact of such sentences on minority communities or neighborhoods; (ii) the impact of such sentencing policies on access to equal justice, including the impact such policies have on pleading to other crimes; (iii) the impact of such policies on different age groups, including young adults: (iv) an examination of such sentences as compared to other crimes that do not impose a mandatory minimum sentence, including comparisons with other state and federal sentencing schemes; (v) a comparative analysis of the costs of such sentencing policies to the state; (vi) the effectiveness such sentencing policies have on reducing crime; (vii) the advisability of adopting so-called “safety valve” provisions, or other policies which allow for the imposition of a sentence less than the mandatory minimum sentence; and (viii) a review of the effectiveness and advisability of drug sentencing policies that allow intent to be based solely on the weight of the substance. 

The task force shall consist of 11 members, which shall include the Attorney General or a designee, who shall serve as Chair; the Secretary of the Executive Office of Public Safety or a designee; the Commissioner of Probation or a designee; 1 member designated by the Massachusetts Sentencing Commission; 1 member appointed by the Executive Office of the Trial Court; 1 member designated by the Committee for Public Counsel Services; 1 member designated by the American Civil Liberties Union of Massachusetts; 1 member designated by the Massachusetts District Attorney’s Association; 1 member designated by the Massachusetts Chiefs of Police Association; 1 member designated by Ex-Prisoners and Prisoners Organizing for Community Advancement (EPOCA); and 1 member designated by the Massachusetts Office for Victim Assistance.

Not later than January 1, 2020, the task force shall file a final report, which shall include recommendations for legislative or regulatory changes based on their findings, as appropriate, with the clerks of the senate and house of representatives, and the clerks shall forward the report to the senate and house chairs of the joint committee on the judiciary and the senate and house chairs of the joint committee on ways and means.