press packet for parole board legislation press conference

Commonwealth of Massachusetts

Massachusetts SenateState House, Boston Massachusetts 02133-1053

Contact:Troy WallSenator Tarr’s [email protected]

Press Packet

An Act Reforming the Parole System

Sponsors:

Senators Bruce Tarr (R-Gloucester)Michael Knapik (R-Westfield)

Robert Hedlund (R-Weymouth) Richard Ross (R-Wrentham)

Steven Baddour (D-Methuen) James Timilty (D-Walpole)

Richard Moore (D-Uxbridge) John Hart (D-South Boston)

Jennifer Flanagan (D-Leominster) Eileen Donoghue (D-Lowell)

Katherine Clark (D-Melrose)

mailto:[email protected]



Section by Section Summary of An Act Reforming the Parole System

SECTION 2:

Paragraph 1:-Parole board members cannot serve more than 2 consecutive terms or 10 consecutive years.

-Provides removal procedure for board members: governor may remove them, for cause, with advice and consent of council.

Paragraph 2:-increases number of people on nominating panel from 5 to 7, and requires that those two be: a law enforcement officer and someone nominated by the Mass District Attorney’s Association.

-Allows the panel to nominate up to 6 people per vacancy, rather than the current minimum of 12 nominations regardless of the number of vacancies.

-removes the requirement that nominees have a 4 year degree.

Paragraph 3:-requires that at least 3 members of the parole board have 5 years law enforcement experience: 2 must be local, one may be fed.

-Must have at least 2 law enforcement officials in order to have a hearing (to deal w vacancies).

SECTION 3-requires the outcome of any parole hearing, including a tally of the votes, to be posted on the internet.

SECTION 4 (this section applies only to lifers)

Paragraph 1:-more than one life sentence not eligible for parole

-ups minimum for life sentence from 15 years to 25 years before eligible for parole.

-can dispense with 60 day hearing requirement and postpone hearing upon finding of need (to allow moratoriums, etc.)

-Must notify the AG, DA’s, chiefs of police and victims/next of kin at least 60 days before hearing.

-Can’t hold hearing without written certification that notice was received by officials.

Paragraph 2:-Reiterates that can only hold hearings if have at least 2 law enforcement members on board.

-requires 2/3 of board approval to grant parole for lifers-If parole denied to lifer, MAY have another hearing NOT MORE than once every five years (previously REQUIRED AT LEAST every 5).

SECTION 5

-Repeals the section of law that allowed parole for habitual offenders (those convicted of 3 or more felonies, each of which had a sentence of at least 3 years).

SECTION 6

-Allows board to dispense with 60 day hearing requirement for non-lifers

SECTION 7

-provides that habitual offenders (those convicted of 3 or more felonies, each of which had a sentence of at least 3 years) are not eligible for parole, they must be sentenced to and serve the maximum penalty for the 3rd felony.

Attached Resolve:

-creates a commission to study the feasibility/cost/benefit of adopting the federal system, which gets rid of parole and provides a maximum of 15% reduction of sentence for good behavior, education etc. See the sentencing reform act of 1984.



An Act Reforming the Parole System

SECTION 1. Definitions

(a) “local law enforcement” means the chief or the head of the organized police department of a city or town, any officer, other than an investigator or examiner of the transportation division of the department of telecommunications and energy, who is authorized to make arrests or serve criminal process, and any colonel, commissioned officer, noncommissioned officer, staff officer or uniformed member of the state police, as those terms are defined in Section 1 of Chapter 22C, or anyone holding a similar position in another state, territory or Indian tribe.

(b) “federal law enforcement” means any federal agent charged with the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws, or who is authorized to make arrests or serve criminal process.

SECTION 2. Section 4 of Chapter 27 of the General Laws, as appearing the 2008 Official Edition is hereby amended by striking section 4 and inserting in place thereof the following:

Section 4. There shall be in the department, but not subject to its jurisdiction, a parole board, consisting of seven members, to be appointed by the governor, with the advice and consent of the council, for terms of five years. No member may serve more than two consecutive terms nor more than ten consecutive years on the parole board. The governor may, with the advice and consent of the council, remove members from the board for cause, upon a written determination of such cause.

Whenever a vacancy occurs in the membership of the board the governor shall appoint a panel of seven persons consisting of the administrative justice for the superior court department, the president of the state parole officers association, the chairman of the advisory committee on correction, the president of the Massachusetts bar association or his designee, the secretary of the executive office of public safety who shall serve as chairman of said panel, one member of local law enforcement, and one person chosen from a list of three nominees submitted by the Massachusetts District Attorneys Association. Said panel shall submit to the governor, within sixty days of the establishment of said panel, a list of not less than six nor more than nine persons, or, in the event there should be two or more vacancies to fill, not more than six persons per vacancy, who are qualified by knowledge, education or experience in the administration of criminal justice or in the behavioral sciences as hereinafter provided. Such persons shall have had at least five years of training and experience in one or more of the following fields:— parole, probation, corrections, law, law enforcement, psychology, psychiatry, sociology and social work;

provided, however, that the panel may, by unanimous vote, submit the name of a person who has demonstrated exceptional qualifications and aptitude for carrying out the duties required of a parole board member, if such person substantially, although not precisely, meets the above qualifications. The list of names of such persons for each vacancy shall include one or more of the following, insofar as it is possible to select such persons who are willing and able to fill promptly the existing vacancy or vacancies:— an attorney admitted to practice in Massachusetts, a psychiatrist who is a member in good standing of the American Psychiatric Association, a psychologist certified by the Massachusetts Board of Certification in Psychology, Inc., and a member of the Massachusetts parole staff.

Notwithstanding the provisions of this section, three members of the board shall have at least five years experience in local law enforcement within the last 10 calendar years, except that one such member may have federal law enforcement experience en lieu of local experience. All law enforcement members shall have been in good standing with their law enforcement agencies at the termination of their service. If at any time, due to a vacancy or otherwise, the board does not contain at least two members with law enforcement experience as provided above, the board shall not grant any parole permits until the board contains such members.

The governor shall designate one of the members as chairman, said member to serve as chairman at the will of the governor. The chairman shall be the executive and administrative head of said board, shall have the authority and responsibility of directing assignments of members of said board and shall be the appointing and removing authority for parole agents and other members of the parole staff. In the case of the absence or disability of the chairman, the governor may designate one of the members to act as chairman during such absence or disability.

The positions of chairman and each of the other members shall be classified in accordance with section forty-five of chapter thirty and the salaries shall be determined in accordance with section forty-six C of said chapter thirty. Members shall devote full time to their duties, and no member shall hold any other salaried public office or engage in any activity which is in violation of any law or which interferes or conflicts with his full time service as a member during his incumbency.

SECTION 3. Section 130 of Chapter 127 is hereby amended by striking the entire text and replacing it with the following:

Section 130. No prisoner shall be granted a parole permit merely as a reward for good conduct but only if the parole board is of the opinion that there is a reasonable probability that, if such prisoner is released, he will live and remain at liberty without violating the law, and that his release is not incompatible with the welfare of society. The record of the decision of the board shall contain a summary statement of the case indicating the reasons for said decision as well as the final tally of votes. Said record of decision shall become a public record, shall be available to the public, and shall, to the extent reasonably practicable, be available for public inspection on the internet, except for such portion thereof which contains information upon which said decision was made which said information the board determines is actually necessary to keep confidential to protect the security of a criminal or civil investigation, to protect anyone from physical harm or to protect the source of any information; provided, however, that it was obtained under a promise of confidentiality. All such confidential information shall be segregated from the record of decision and shall not be available to the public. Said confidential information may remain secret only as long as publication may defeat the lawful purposes of this section for confidentiality hereunder, but no longer. A prisoner to whom a parole permit is

granted shall be allowed to go upon parole outside prison walls and inclosure upon such terms and conditions as the parole board shall prescribe, but shall remain, while thus on parole, subject to the jurisdiction of such board until the expiration of the term of imprisonment to which he has been sentenced or until the date which has been determined by deductions from the maximum term of his sentence or sentences for good conduct or until such earlier date as the board shall determine that it is in the public interest for such prisoner to be granted a certificate of termination of sentence. In every case, such terms and conditions shall include payment of any child support due under a support order, as defined in section 1A of chapter 119A, including payment toward any arrearage of support that accrues or has accrued or compliance with any payment plan between the prisoner and the IV-D agency as set forth in chapter 119A, provided, however, that the board shall not revise, alter, amend or revoke any term or condition related to payment of child support unless the parole permit itself is revoked. SECTION 4. Section 133A of Chapter 127 is hereby amended by striking section 133A and inserting in place thereof the following:Section 133A. Every prisoner who is serving a sentence for life in a correctional institution of the commonwealth, except prisoners confined to the hospital at the Massachusetts Correctional Institution, Bridgewater, except prisoners serving a life sentence for murder in the first degree, and except prisoners serving more than one life sentence, shall be eligible for parole, and the parole board shall, within 60 days before the expiration of twenty five years of such sentence, conduct a public hearing before the full membership unless a member of the board is determined to be unavailable as provided in this section. Notwithstanding the previous sentence, the board may dispense with the 60 days hearing requirement and postpone a hearing until a reasonable period after the expiration of twenty five years of such sentence, upon publishing a written finding of the necessity for such suspension. For the purposes of this section, the term unavailable shall mean that a board member has a conflict of interest to the extent that he cannot render a fair and impartial decision or that the appearance of a board member would be unduly burdensome because of illness, incapacitation, or other circumstance. Whether a member is unavailable for the purposes of this section shall be determined by the chair. Board members shall appear unless said chair determines them to be unavailable. Under no circumstances shall a parole hearing proceed pursuant to this section unless a majority of the board is present at the public hearing. Unless a board member is unavailable due to a conflict of interest, any board member who was not present at the public hearing shall review the record of the public hearing and shall vote in the matter. Said board shall, at least 60 days before such hearing, notify in writing the attorney general, the district attorney(s) in whose district(s) sentence was imposed, the chief of police or head of the organized police department of the municipality(s) in which the crime was committed and the victims or victims’ next of kin of the crime for which sentence was imposed, and said officials and victims may appear in person or be represented or make written recommendations to the board. No hearing shall take place until the parole board has received written confirmation of receipt of notice by the officials and victims or, in the case of victims, written evidence that a reasonable effort was made to contact such victims or next of kin. If the board is in compliance with the membership requirements of Section 4 of Chapter 27, then after such hearing the parole board may, by a vote of 2/3 of its members, grant to such prisoner a parole permit to be at liberty upon such terms and conditions as it may prescribe for the unexpired term of his sentence. If such permit is not granted, the parole board may, not more than once in each ensuing five year period, except upon a written finding that a genuine change of circumstances necessitates an earlier hearing, consider carefully and thoroughly the merits of each such case on the question of releasing such prisoner on parole, and may, by a vote of 2/3 of its members, grant such parole permit. Such terms and conditions may be revised, altered or amended, and may be revoked, by the parole board at any time. The violation by the holder of such permit or any of its terms or conditions, or of any law of the commonwealth, may render such permit void, and thereupon, or if such permit has been

revoked, the parole board may order his arrest and his return to prison, in accordance with the provisions of section one hundred and forty-nine.

SECTION 5. Section 133B of Chapter 127 is hereby repealed.

SECTION 6. Section 136 of Chapter 127 is hereby amended by adding after “granted to such prisoner.” the following: Notwithstanding the previous sentence, the board may dispense with the 60 days hearing requirement and postpone a hearing until a reasonable period after the date when such prisoner first becomes eligible for parole, upon publishing a written finding of the necessity for such suspension.

SECTION 7. Section 25 of Chapter 279 is hereby amended by adding the following at the end thereof: The sentence imposed on such person shall not be reduced or suspended, nor shall any person convicted under this section be eligible for probation, parole, work release or furlough or receive any deduction from his sentence for good conduct.



CURRENT: GOVERNOR’S BILL: BI PARTISAN BILL:Parole Board - Term

5-year terms, unlimited number of reappointments

No change Limited to 2 consecutive terms, or 10 consecutive years

Parole Board – Removal Process

None None Allows Governor to remove, with cause

Parole Board Appointment Panel

5 Members No change 7 Members, two of which have to be law enforcement officials

Parole Board Appointment Process

Governor can choose not to use Parole Board panel and choose someone himself

No change Governor must go through Parole Board Appointment Panel to fill vacancies

Parole Board – Nominations

Minimum of 12 nominations regardless of the number of vacancies.

No change Allows the panel to nominate up to 6 people per vacancy.

Parole Board – Law Enforcement Experience

None None Requires that at least 3 members of the Parole Board have 5 years law enforcement experience. If, due to vacancy or other circumstances, the Parole Board does not have at least 2 members with law enforcement experience, it cannot grant parole.

Parole Process – Hearing Results

Not posted. No change Requires the outcome of any parole hearing, including a tally of the votes, to be posted on the Internet.

Parole Process – Hearings for Non-Lifers

Hearings are required within 60 days of the prisoner’s eligibility date

No change Provides flexibility to the Parole Board by allowing waiver of 60 day hearing requirement upon a finding of necessity.

CURRENT: GOVERNOR’S BILL: BI PARTISAN BILL:Parole Process – Eligibility for Habitual Offenders (those convicted of 3 or more felonies, the first two of which had a sentence of at least 3 years)

Allowed Requires maximum punishment for third felony conviction, and requires that sentence be served consecutive to any prior sentence. Makes habitual offenders ineligible for probation.

Repeals the section of law that allowed parole for habitual offenders.

Parole Process for Lifers – Eligibility for those serving multiple life sentences

Allowed No change Prohibited

Parole Process for Lifers – Eligibility for 1 life sentence

15 years No change in parole process, but specifies that the court impose a minimum sentence of “not less than 15 years” for anyone receiving a life sentence.

25 years

Parole Process for Lifers – Statutory Hearing requirements

60 day statutory requirement

No change Allows board to waive 60-day hearing requirement upon finding of need (to allow for moratoriums, etc.)

Parole Process for Lifers – Hearing Notification and Acknowledgment

Requires notification 30 days prior to hearing, but no consequences if board fails to comply

No change Requires notifications to the AG, DA’s, chiefs of police and victims/next of kin at least 60 days before hearing. Prohibits hearing without written certification that notice was received by officials.

CURRENT: GOVERNOR’S BILL: BI PARTISAN BILL:Parole Process for Lifers – Voting Stipulations

Simple Majority No change, but mandates use of evidence-based risk and needs assessment in every release decision.

Requires 2/3 of board approval to grant parole for lifers

Parole Process for Lifers – Hearings after Denial

Required at least every 5 years

No change Allowed, but not required, not more than once every five years.

Commission to Study Parole Best Practices

None None Creates a commission to study the feasibility/cost/benefit of adopting the federal system, which gets rid of parole and provides a maximum of 15% reduction of sentence for good behavior, education etc.



FOR IMMEDIATE RELEASE: CONTACT: Troy Wall Jeevan Ramapriya

Date: Monday, January 24, 2011 Sen. Tarr’s office Sen. Baddour’s office617-722-1600 [email protected] [email protected]

Senators Tarr and Baddour Lead Bipartisan Parole Reform Effort

BOSTON – Flanked by a bipartisan coalition of Senate supporters, Senate Minority Leader Bruce E. Tarr (R-Gloucester) and Senator Steven A. Baddour (D-Methuen) held a State House press conference today to announce the filing of comprehensive legislation reforming the state’s parole system.

The bill, which has drawn strong support in the Senate, would create new minimum sentencing guidelines before individuals who are serving a life sentence can qualify for parole, while eliminating the prospect of parole for anyone serving more than one life sentence. It also establishes a process for removing parole board members and requires district attorneys, law enforcement, victims and the families of victims to receive advance notice of parole hearings so they can have an opportunity to testify before the parole board.

The reform package was filed in response to the December 26th shooting death of Woburn Police Officer John “Jack” Maguire, who was killed by parolee Dominic Cinelli, a violent career criminal who was serving three concurrent life sentences before he was released in 2008. On January 6 th, Tarr, Baddour and 18 other senators called for a moratorium on parole hearings pending the outcome of an investigation into the Cinelli case, with many of the senators demanding the parole board members resign. Exactly one week later, on January 13th, the five board members who had voted in favor of paroling Cinelli submitted their resignations.

“The resignation of the parole board members was a necessary first step for addressing the gross miscarriage of justice that failed Officer Maguire and his family, but the process of implementing meaningful and lasting reforms to restore the public’s faith and trust in our criminal justice system has only just begun,” said Senator Tarr. “The reforms contained in this bill will move us that much closer to creating a parole and sentencing system that emphasizes public safety and accountability.”

“This bill blends a tough-on-crime and commonsense approach towards those convicted of violent crimes by implementing immediate changes and reforms to the Parole Board and the parole



process,” said Senator Baddour. “These changes will help ensure that hardened, career criminals stay in prison, enhancing public safety throughout the Commonwealth.”

In addition to banning parole for individuals serving multiple life sentences, the bill would also require those individuals who receive one life sentence to serve a minimum of 25 years before becoming eligible for parole, rather than the current 15. A two-thirds vote of the seven-member parole board would be needed to grant parole to lifers, and those who are denied parole would need to wait a minimum of five years before they get another chance at parole, unless they can show a genuine change of circumstances.

The reform package also:

Requires habitual offenders to serve the maximum sentence for their third felony, with no chance at parole (currently, those receiving a maximum sentence are eligible for parole after serving only half their sentence);

Mandates that three members of the parole board have at least five years of state law enforcement experience within the previous 10 years (although one board member can have the equivalent amount of federal law enforcement experience instead);

Establishes a procedure for removing parole board members for cause;

Requires the outcome of parole hearings to be posted on the Internet;

Allows for temporary moratoriums on the holding of parole hearings by providing the parole board with the flexibility to suspend the current requirement of holding a hearing within 60 days of eligibility; and

Creates a commission to conduct a feasibility study and cost benefit analysis of adopting the federal system, which would eliminate parole and replace it with a system that provides a maximum sentence reduction of 15 percent for good behavior and other mitigating factors.

###

Top 12 Most Wanted Parolees

Jonathan Waddell

Armed Robbery, 3 to 5 Years.

Parole Warrant Issued:

March 3, 2009

Warrant #: W-88145

Last known address:

14 Nelson Street

Holden, MA

Gang Affiliations: Maniac Latin

Disciples

Description:

DOB…………….9/21/84

Height…………..6'0"

Weight………….185 lbs

Hair……………..Brown

Eyes……………Brown

Race……………White

Renato Pabon

Assault and Battery w/Dangerous

Weapon (2cts.), 2 Yrs. 6 mos.,

Assault upon guards, 2 to 3 Yrs.


June 10, 2004

Warrant #: W-81046

Last known address:

Gandara Residential Program

33 Arch Street

Springfield, MA

Description:

DOB..................10/26/76

Height…………...5’5”

Weight…………..135 lbs

Eyes……………..Brown

Hair………………Brown

Race…………….Hispanic

Anthony V. Sebastino

Community Parole Supervision

for Life

Alias: Tony Sebastino


January 18, 2011

Warrant #: PIT-6378FA01

Last known address:

Pine Street Inn

444 Harrison Ave.

Boston, MA

Description:

DOB..............10/13/54

Height............6'0"

Weight...........230 lbs

Eyes..............Brown

Hair................Brown

Race..............White

Jasan Bonilla

Assault w/i to rob or

murder; firearm, 4 Yrs. to 6 Yrs.,

Assault w/ dangerous weapon, 2

Yrs.


December 2, 2010

Warrant#: W-90480

Last Known Address:

Gandara Program

33 Arch St.

Springfield, MA

Description:

DOB: ................11/18/85

Height:...............5' 10"

Weight...............155 lbs

Eyes..................Brown

Hair....................Black

Race..................Hispanic

John L. Talbert

Possession of a Class B substance

with intent to distribute, 6-10 years


January 19, 2005

Warrant #: W-46468

Last Known Address:

4012 Bakers Ferry

Atlanta, GA

Description:

DOB…………….04/20/1968

Height…………..6’04”

Weight………….241 lbs

Eyes……………Brown

Hair……………..Black

Race……………Black

Francis Lyons

Armed Robbery 2 yrs. 6 mos to

4 yrs, Malicious Destruction to

Property, 60 days, Furnishing

false name to police, 60 days.


May 5, 2010

Warrant #: W-90485

Last Known Address:

Bridge House

18 Summit St.

Framingham, MA

Description:

DOB………….5/26/76

Height………..6'1"

Weight……….185lbs

Hair…………..

Black

Eyes………….Blue

Race.....……..White

Luis Mercado

Possession of a Class A

Substance

w/ Intent to Distribute, 2-3 yrs.


March 8, 2006

Warrant #: W-85123

Last Known Address:

18 Summit Street,

P.O. Box 136

Framingham, MA

Description:

DOB………….01/21/1972

Height………..5’10”

Weight………240 lbs

Eyes………….Brown

Hair…………..Black

Race.............Hispanic

Marcelo Rivera

Armed Robbery, 3 Yrs. to 5 Yrs.

Alias: Mike, Scorpio, Orlando Franco,

Marcel Soto


December 2, 2010

Warrant #: W-90770

Last Known Address:

89 Louis Road

Springfield, MA

Description:

DOB………….3/4/75

Height………..6’0"

Weight……….240 lbs

Eyes……….…Brown

Hair…………...Brown

Race………….Hispanic

Alex Diaz

Kidnapping, 4 to 6 yrs., Armed

Robbery 4 to 6 yrs. , Assault

and confinement of a person, 4

to 6 yrs.

Alias: Alexander Diaz and

Ace


July 22, 2010

Warrant #: W-91312

Last Known Address:

Bridge House

18-20 Summit St.

Framingham, MA

Description:

DOB: ............3/2/86

Height............5'7"

Weight...........150 lbs

Eyes..............Brown

Hair................Black

Race..............Hispanic

Manuel Manny DeGraca

Armed Robbery, 4 Yrs. to 6

Yrs.


December 7, 2010

Warrant #: W-89810

Last Known Address:

Bridge House

18 - 20 Summit St.

Framingham, MA

Description:

DOB...............08/13/84

Height.............5'3"

Weight............130

Eyes ..............Brown

Hair.................Black

Race...............Black

Jose Peralta

Possession of a Class B w/i to distribute, 3

to 5 Yrs.


September 26, 1996

Warrant #: W-56171

Last Known Address:

403 Globe St., 2nd Floor-East

Fall River, MA

Description:

DOB..............3/19/61

Height............5'5"

Weight...........150

Eyes..............Brown

Hair................Black

Race..............Hispanic

Julio Lozado

Armed Robbery, 20 yrs.


February 5, 1987

Warrant #:

C-48285

Last Known Address:

12 Drayton Avenue

Dorchester, MA

Description:

DOB..............07/15/1954

Height………..5'7"

Weight………165 lbs

Eyes………….Brown

Hair…………..Black

Race………….Hispanic

Believed to be in Puerto

Rico

press packet for parole board legislation press conference

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