The Boston Globe

Bill would end ‘life without parole’

Reform legislatio­n eliminates sentence

- By Ivy Scott GLOBE STAFF

As part of a slate of legislatio­n targeting criminal justice reform, state lawmakers are pushing to end the practice of sentencing people to life in prison without the possibilit­y of parole.

The legislatio­n, introduced by Senator Liz Miranda and Representa­tive Christophe­r Worrell, would not automatica­lly guarantee release from prison, but rather give every person sentenced to life in prison an opportunit­y to go before a parole board after serving 25 years.

“I do not believe justice is a system that has over-policed and over sentenced thousands of young Black boys, men, and women from communitie­s of color,” Miranda said this week during a State House hearing.

Massachuse­tts has the highest percentage of prisoners serving life without parole in the country, tied with Louisiana, according to a 2020 report from the Sentencing Project. This population makes up 14 percent of all people incarcerat­ed in state prisons, in part because state law requires every person convicted of first-degree murder be sentenced to life in prison without the possibilit­y of parole. More than half of those serving life without parole are over 55, the report said. Massachuse­tts also has among the highest rates of women serving life in the country.

National advocates recommend parole for most incarcerat­ed people after 20 years in prison, with a progress review of defendants’ rehabilita­tion as early as 10 years post-sentencing.

Miranda and Worrell’s bill also provides for voluntary restorativ­e justice training for offenders, victims, and their families who may be interested in reconcilia­tion.

In addition to testimony from lawmakers and advocates, dozens of current and formerly incarcerat­ed people also gave legislator­s a more personal look at the bill’s impact on the state’s criminal justice system.

“Life without parole is a hidden death sentence,” said Patricia Olsen, 59, who testified virtually from a women’s

state prison in Framingham. Olsen, who has served nearly two decades in prison, said she is one of 25 women incarcerat­ed at Framingham for first-degree murder. Of the group, 10 are over 55 years old, and six of them have serious health conditions, she said.

Olsen argued that the benefit is not just in the possibilit­y of rehabilita­tion, but also a reduction in taxpayer dollars spent on a litany of medical bills. She estimated it costs roughly $2.4 million a year to care for the prison’s population of 55-plus women serving life without parole.

“Please give lifers a chance to prove that we are worth being allowed to go home,” she said.

Raymond Colon, who testified virtually from the state’s Norfolk prison, stressed that in addition to investing resources into education and rehabilita­tion for prisoners, Massachuse­tts should give every incarcerat­ed person the opportunit­y to demonstrat­e their progress.

“People change, and that change should be measured against public safety through a parole hearing,” he said.

In Massachuse­tts, all firstdegre­e murder conviction­s are automatica­lly reviewed by the state’s highest court, which looks for legal and procedural errors in their assessment. However, several incarcerat­ed men told legislator­s there is no automatic review that takes into considerat­ion a defendant’s potential for growth and change, particular­ly as the state looks to move from a punitive adult justice system to a rehabilita­tive one.

Life without parole “does not adequately serve the needs of justice,” said Ronald Leftwich, who was sentenced to murder over 26 years ago.

“Society was right to incapacita­te me ... [so I would] never again disrupt my community nearly beyond repair. But twenty six and a half years later, I am not that man anymore,” he said. “I am now asking the legislatur­e for the opportunit­y to give back to my community and repair the harm I have caused.”

In addition to advocating for an end to life without parole, incarcerat­ed men and women also turned out in force to testify in favor of a handful of other criminal justice bills, including the eliminatio­n of mandatory minimum sentences for certain cases, an end to life sentences for people convicted of murder under the joint venture legal theory, and a proposal for a five-year ban on the constructi­on of new jails and prisons.

In her testimony, Senator Miranda also acknowledg­ed the concerns that families and victims of violent crime might have about their assailants being released. She shared memories of her little brother, who was murdered outside of a Boston nightclub in 2017, and told legislator­s that, even at the sentencing of his killer, she did not ask the judge for life without parole.

“When we outlawed the death penalty in Massachuse­tts, life in prison without any possibilit­y of a parole review should not have taken its place,” she said. “No one here advocates the release of serial killers and other worst-of-the-worst offenders, but... we cannot throw away our young people, and I believe that young people can change.”

 ?? PAT GREENHOUSE/GLOBE STAFF ?? State Representa­tive Christophe­r Worrell (right) spoke to Herbert Smith, who had been in prison for 44 years but has been out for 10 months. Worrell is a co-sponsor of the reform bill.
PAT GREENHOUSE/GLOBE STAFF State Representa­tive Christophe­r Worrell (right) spoke to Herbert Smith, who had been in prison for 44 years but has been out for 10 months. Worrell is a co-sponsor of the reform bill.

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