With the clock ticking toward the self-imposed end to formal sessions of the state Legislature, another long-simmering issue has suddenly appeared on the front burner. The Senate may vote today on a bill reforming mandatory minimum sentences and the handling of criminal records.
The bill would revise the mandatory minimum sentences for drug offenses enacted in Massachusetts and elsewhere in the 1980s and 1990s by legislators determined to prove they were tough on crime. In practice, these sentences have done little to reduce crime while driving the cost of the prison system through the roof. What's worse, they eliminated parole and post-release supervision - tools criminal justice experts have long known are effective at reducing recidivism.
Gov. Deval Patrick proposed sentencing and CORI reforms last spring. The Senate Judiciary Committee endorsed a similar bill proposed by Sen. Cynthia Creem, D-Newton. The latest bill comes from the Senate Budget Committee, an unusual source for criminal justice legislation. But with mandatory minimum sentences costing the state more than $100 million a year, and the state budget running deep in the red, the focus on the cost rather than the politics of sentencing reform is welcome.
The latest bill was sent to the Senate Ways & Means Committee Tuesday, and it's hard to say what will end up being in the bill slated for debate by the full Senate Wednesday. There are reports Senate leaders want a "balanced" bill, meaning one including some "tough on crime" provisions to keep the talk radio conservatives happy. Senate Republicans plan to offer an amendment reinstating the death penalty. There is also talk of a "three strikes" amendment setting life sentences for repeat offenders. As other states have already learned, "three strikes" is perhaps the least effective, most expensive of all the "tough on crime" measures.
Sentencing and CORI reform enjoy broad support both in and outside the criminal justice system. Lawmakers should resist the urge to provide political cover for themselves by adding provisions that are more symbolic than practical. The House most likely couldn't act on the bills until next year, but Senate passage of reasonable sentencing and CORI reforms would be a real legislative achievement in a season that has seen little progress on Beacon Hill.
