Dear Governor Baker,
As you consider who will replace the next Secretary of the Executive Office of Public Safety and Security (EOPSS) within your administration, we urge you to prioritize appointing someone who is committed to addressing racial disparities in the Massachusetts criminal justice system.
On October 14th, the Criminal Justice Reform Caucus and Black & Latino Legislative Caucus invited the Criminal Justice Policy Program at Harvard Law School to speak on findings reported in their report called “Racial Disparities in the Massachusetts Criminal Justice System.” Speaking to caucus members, legislators, staff, and advocates, the authors introduced truly alarming statistics that must be confronted.
After analyzing the Massachusetts criminal process from charging through sentencing, the data produced supports a fact that has long been understood but rarely acknowledged: Black and Latino populations in Massachusetts are overrepresented within the criminal justice system, relative to their share of the state population. In fact, the Black population, which makes up 6.5% of the state’s population, represents 17.1% of cases, while the Latino population makes up 8.7% of the population and represents 18.3% of cases statewide. In addition to this stark overrepresentation, these populations receive more serious initial charges, negating the possibility of a plea deal and exposing defendants to 168 and 148 days longer sentences than their White counterparts.
An example where we do not believe that your administration is fully cognizant of racial disparities in the Commonwealth concerns legislation that you filed at the beginning of this session, H.66 An Act to protect the Commonwealth from dangerous persons. Both when your administration testified before the Joint Committee on Judiciary on H.66, and in subsequent conversations, there was no recognition that provisions of the bill, including the lookback provision on a defendant’s entire history, would likely only perpetuate racial disparities in punishment indictments and convictions in the Massachusetts criminal justice system.
As you search for a new EOPSS Secretary, the Criminal Justice Reform Caucus implores you to take this critical data into serious consideration. We also find it critical that EOPSS aligns its objectives to work towards the following action items:
Improving data collection and analysis from criminal justice agencies and trial courts by prioritizing the uniform and universal use of a unique statewide identification number, as recommended by the Justice Reinvestment Policy Oversight Board in their June 2020 report.
Recording identifying demographics of individuals incorporated into the Massachusetts criminal justice system, including race, ethnicity, gender, and age. Additional data points are outlined in the EOTSS June 2020 report.
Implementing the policies put forth by the Police Reform Bill passed by the Massachusetts House and Senate, specifically the creation of the Police Officer Standards and Accreditation Committee (POSAC).
Prioritizing the enactment of public health guidelines within Massachusetts jails and prisons to mitigate the spread of COVID-19 and other potential public health threats.
Constructing a triage of experts between the fields of emergency management and public health, so that your administration and the DOC can adequately respond to health crises evolving within our prisons and jails.
As we continue to work towards improving the Commonwealth’s criminal justice system, it is imperative that the incoming secretary prioritizes data-driven justice and exhibits both the commitment and leadership necessary to fully implement the provisions outlined in the Criminal Justice Reform Act of 2018. These considerations are all necessary to ensure that concerns of the public, especially Black and Latino communities, are being heard and acted upon.
We would like to request to meet with you this month to discuss this matter further. Please contact our office at james.eldridge@masenate.gov to schedule a suitable time.
Sincerely,
Criminal Justice Reform Caucus Chairs
State Senator James B. Eldridge, Middlesex & Worcester District
State Representative Mary S. Keefe, 15th Worcester District
State Representative David Henry Argosky LeBoeuf, 17th Worcester District