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"The probability that we may fail in the struggle ought not deter us from the support of a cause we believe to be just."
~ Abraham Lincoln

CORI LEGISLATION

CORI &
EX-OFFENDERS

EX-OFFENDER HOUSING DISCRIMINATION
THE BIG PICTURE: REALITY IN THE U.S.

THE REALITY IN MASSACHUSETTS
Current Re-entry Programs
Sample Re-entry Pathways Recidivism
Homelessness
Social/Legal Barriers
Personal Barriers

THE LAW IN MASSACHUSETTS

COMMUNITY RESOURCES IN MASSACHUSETTS

PROGRAMS IN OTHER STATES

REFORM RECOMMENDATIONS 

HOW YOU CAN HELP


THE REALITY IN MASSACHUSETTS

OVERVIEW / PROPOSED LEGISLATION / GLOSSARY

Recidivism rates among ex-offenders in Massachusetts continue to climb.  As they do, these rates raise questions about the experiences of ex-offenders upon release from prison.  Ex-offender access to housing upon release has been shown to play a role in ensuring public safety.  In Massachusetts, an increasing number of politicians are willing to support  the allocation of resources to facilitate access to housing, which may serve as a key means of stemming high recidivism rates, ensuring public safety and easing the re-integration of ex-offenders into society as productive members. 

Overview
History. 
Along with many other states in the U.S., the prison population in Massachusetts has increased over the last 30 years.  This increase has been attributed to bipartisan political stances that advocate for “tough on crime” policies.  In the 1980’s, two-thirds of Massachusetts inmates were released on parole.  When the highly publicized Willie Horton incident arose during the 1988 national presidential race, in which the former Massachusetts governor was a key contender, public policy shifted.  Horton, a convicted murderer, committed two crimes while on a furlough (a period of time which an inmate is allowed to spend away from prison). In the aftermath, the political outcry for government to ensure public safety soon overshadowed concern that criminals received equal justice or an orderly transition back to life in the community. 

In Massachusetts, 66% of all prisoners are released without supervision and parole rates have dropped from 65% of releases in 1990, to 36% in 1999.

The Horton incident and the barrage of press that followed in its wake led   to stricter crime policies in Massachusetts, including the use of mandatory minimum sentences and tighter restrictions on prisoner release and parole.  Recent trends show that more prisoners leave prison only after having completed their sentences rather than while on parole or under supervision.  In Massachusetts, 66% of all prisoners are released without supervision and parole rates have dropped from 65% of releases in 1990, to 36% in 1999.  Meanwhile, despite Massachusetts’ tough on crime policies focusing on public safety, recidivism rates remain high.  According to John Larivee, Chief Executive Officer at Community Resources for Justice, in 2001, “52% of state parolees recidivated within three years.” 

Current climate. Although there is not specific data that connects the lack of ex-offender supervision with higher recidivism rates, the more obstacles ex-offenders face during re-entry, the more difficult it is for them to successfully re-integrate back into society.  One major obstacle is finding adequate housing. This is especially critical because one of the stipulations of parole requires that an ex-offender obtain an ‘approved’ residence.  In addition, an ex-offender must contend with various probation and parole conditions that limit his or her housing options.  Some of these conditions include the need to avoid specific neighborhoods based on their particular condition of release, abide by public housing regulations and adapt to fluctuating levels of crowding in shelters. All of these factors make it nearly impossible for ex-offenders to find adequate living arrangements without assistance.

In response to these problems, the Romney administration has also begun to direct its attention to the high volume of released prisoners without supervision.  Lieutenant Governor Kerry Healey pushed for legislation to mandate post-release supervision.  She also cited a cost analysis, juxtaposing the costs of supporting ex-offender re-entry (approximately $4,000) with the state costs incurred by housing an ex-offender in prison for one year (approximately $36,000).  The analysis suggests that providing services that aim to keep ex-offenders out of prison is not only more cost-effective, but also coincides with the state’s public safety goals.

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Proposed Legislation

State Representative and  Stanley Jones Courage Award Recipient Marie St. Fleur at the Stanley Jones Courage Award Ceremony.

Representative Marie St. Fleur, of the 5th Suffolk District, is currently (March 2004) the lead sponsor of a piece of Post-Release Supervision Legislation, House Bill No. 4180.  The district that St. Fleur represents receives many returning ex-offenders.  St. Fleur believes that there is a compelling state interest in providing support and services for ex-offenders in order to both reduce recidivism rates and maintain public safety. 

The bill, House Bill No. 4180, is a resolution to form a special commission of 19 members committed to improving prisoner reintegration, which would propose legislative recommendations to the House of Representatives by June of 2004.  To read the full text of this bill, please click here.

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To view the entire Northeastern University School of Law Community Lawyering Program report on Ex-Offender Housing Discrimination including footnotes, click here.