Pubdate: Wed, 28 May 2003
Source: Metrowest Daily News (MA)
Copyright: 2003 MetroWest Daily News
Contact:  http://www.metrowestdailynews.com/
Details: http://www.mapinc.org/media/619

SENTENCING REFORM SAVES

There's nothing like a $3 billion deficit to focus the mind on money-saving 
alternatives, or at least we thought.

But while there's been much debate over a few reforms in the way the state 
government spends our money -- Bill Bulger, again, seems to have grabbed 
most of Beacon Hill's attention -- large areas of state government seem to 
be making it through this fiscal crisis without serious study.

Count among the unreformed the Department of Correction, where spending has 
risen steadily over the last 12 years along with the prison population. Its 
budget is now more than $427 million. Surely there's a way to save money in 
that account without putting killers back on the streets.

One way is to look again at the prison population with an eye toward 
distinguishing the criminals we are afraid of from those we are mad at. The 
criminals we are afraid of -- murderers, rapists, pedophiles and others 
convicted of violent acts -- must be locked away. But those we are simply 
mad at -- because, say, they were caught in possession of prohibited 
substances -- could be punished in a manner that doesn't cost the taxpayers 
$40,000 a year for their room and board.

Instead, Massachusetts has done the opposite. The state has legislated 
mandatory sentences for those caught violating drug laws, which often keeps 
nonviolent drug offenders behind bars longer than those who are a more 
direct threat to public safety. Legislative leaders have talked about 
sentencing reform for years, but have never managed to pass anything. 
Neither the budget approved by the House nor the one proposed by the Senate 
Ways and Means Committee encourages sentencing reform.

An amendment proposed by Sen. David Magnani, D-Framingham, does just that. 
Magnani's amendment would amend the state's minimum sentencing laws, giving 
judges the discretion to release non-violent offenders who have served half 
their sentences and let them serve the rest with electronic monitoring 
bracelets.

That reform, Magnani estimates, would save $41 million while freeing up 
space in overcrowded prisons. His amendment would use $23 million in 
savings to restore the program that reimburses school districts for money 
lost when a charter school opens.

Restoring the charter school reimbursements, vetoed last year by acting 
Gov. Jane Swift, could bring $750,000 or more to Framingham's district 
schools. The program is restored in the House budget, but not in the Senate 
Ways and Means proposal. Putting that program back in place is in the best 
interest of both sides in Framingham's fight over a new charter school, and 
we wish Magnani success.

But where the money comes from is as important as where it goes. Tackling 
sentencing reform in the midst of a budget debate isn't the best way to 
legislate a difficult issue, and Magnani's amendment may be a long shot. If 
it doesn't succeed this week, we hope the Legislature will seriously 
consider it when work on the budget is completed.
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MAP posted-by: Larry Stevens