Digitized by the Internet Archive 2012 with funding from in Member Boston Library Consortium Libraries http://archive.org/details/lawenforcementne1997mass Law Enforcement Newsletter Office of the Attorney General for the Commonwealth of Massachusetts ^ ^ GOVERNMENT DOCUMENTS COLLECTION Scott Harshbarger ' Attorney General (617)727-2200 mi MAIt I 4 University of Massachusetts Depository CCoopp/f™in1t"e7r,"' 1997 LETTER FROM THE ATTORNEY GENERAL Legislative Priorities for 1997 INTRODUCTION I. Welcome to the latest edition of the Law Enforcement Newsletter. This issue features important information regarding the new state and federal laws relating to firearms and domestic violence, arson prosecutions, the Alcoholic Beverages Control Commission, victim compensation, the sex offender registry, and the collateral consequences of pleading guilty on immigration status. Before presenting that news, however, want to outline some of my legislative I priorities for 1997 and ask for your support to win their passage in this year's session. CRIMINAL JUSTICE SECRETARIAT II. Strengthening the criminal justice system in Massachusetts has been a primary goal of mine for the past 15 years, both as District Attorney for Middlesex County and . now as Attorney General for the Commonwealth. As Attorney General, have actively I pursued effective and creative ways to help combat urban violence and stem the tide of drugs infiltrating our neighborhoods. My office started the Safe Neighborhood Initiative in partnership with the Suffolk County District Attorney's Office, the Mayor of Boston's Office, Boston Police Department, and numerous dedicated community activists. My Narcotics Division regularly conducts sweeps of drug-ridden areas, getting dealers off our city streets. But we need to do more to keep our streets and communities safer. The legislation that am proposing is intended to do just that. I am proposing that the Probation Department join the other law enforcement I agencies currently under the jurisdiction of the Executive Office of Public Safety. By so doing, we would be ensuring that all the various criminal justice agencies in the state are part of one law enforcement organization. Our new secretariat would then be able to provide for more accountability in the system, and ensure more effective and efficient supervision of defendants in the Commonwealth. How many times have we heard about an individual who is placed on probation, and then commits a new offense? All too often, the probation surrender hearing process takes several months to be completed, and during that time, the probationer remains on the street committing more crimes and rendering more neighborhoods unsafe. My proposal is to provide the Probation Department with the tools to swiftly take probationers who violate the conditions of their probation agreements off the We streets, and to then impose meaningful consequences. want our probationers, particularly the younger ones, to fully understand that if they are lucky"enough to be given a chance to avoid incarceration and be placed on probation, they are going to be watched and monitored and supervised as closely as humanly possible. And each person placed on probation is going to know that if he or she commits a new crime, or violates any condition of the probation agreement, that probationer is going to face incarceration. By moving the Probation Department into an executive agency, we will enhance our ability to render swift and certain the consequences of violating a term of probation. ASSAULT WEAPONS BILL III. As you know, sponsored an assault weapons ban that came very close to I passing last year. We must convince our legislators that we need a statewide assault weapons ban in Massachusetts. Assault weapons are what gangs use to kill law enforcement personnel, they're what kill innocent children caught in cross-fires, and they're the weapons of choice of many other dangerous individuals. My office is once again filing the assault weapons bill and we urge our senators and representatives to approve the bill and help our state take another step toward safer streets. FIREARMS IDENTIFICATION REFORM IV. have also refiled An Act Relative to Firearms with Senator James Jaguga, I , Representative Paul Caron and the Massachusetts Chiefs of Police Association. This bill contains vitally needed reforms of our firearms licensing laws, and the state's firearms recordkeeping system, which are both seriously out of date, and dangerously out of sync with the current level of gun violence. The changes proposed in this bill will strengthen our gun laws and eliminate major gaps which require police chiefs to issue gun permits to convicted criminals, even those who have been convicted of violent felonies, and individuals who are forbidden under federal law from possessing guns. The bill also establishes a trust fund to support the firearms recordkeeping system, which will help bring this system up to date and maintain it, so that police can have instant access to accurate information about who is authorized to possess firearms. Law Enforcement Newsletter DRUNK DRIVING AMENDMENTS V. Each year, thousands of people are killed by drunk drivers. Hundreds of others are crippled or injured because of alcohol-related accidents. Our drunk driving laws need to be strict as well as strictly enforced. This year, sponsored a bill that would I amend the current drunk driving laws to restrict hardship licenses to a maximum of 12 hours a day. In addition, my bill proposes that for a first offense, an individual could not receive a hardship license for six months rather than the three months currently allowed by statute, and for a second offense, a hardship license could not be issued for a period of one year, as opposed to six months. Finally, my bill eliminates the provision which allows individuals who refuse to submit to a breathalyzer test as well as a field sobriety test, to have their license restored when the criminal charges are dismissed or upon an entry of not guilty. WITNESS PROTECTION PROGRAM VI. In response to the growing number of witnesses and victims who are harmed or intimidated during criminal trials and investigations, have proposed legislation which I would establish a formal Witness Protection Program in Massachusetts. The program, which would be available on an equal basis to police and prosecutors throughout the Commonwealth, would be overseen by a panel comprised of a municipal police chief, two district attorneys, the Colonel of the State Police, and my office. The program, which will be funded by small percentages of forfeited bail deposits and assets seized from drug and gaming activities (the bulk of which will continue to be distributed to state and local law enforcement), will provide the services necessary to protect our witnesses and victims and ensure their cooperation at trial. FRIVOLOUS INMATE LITIGATION VII. Once again, I've filed legislation to curb the amount of frivolous inmate litigation filed against the Commonwealth. Last year, we conservatively estimated that the Commonwealth spent $1.5 million to defend against these frivolous suits. To conserve the resources of the Commonwealth in defending against these type of suits, my bill would require: administrative review of any inmate complaint prior to allowing court I) action; 2) proof of indigency by inmates before allowing a waiver of court fees and costs; and 3) reduction in earned good time credits for up to 60 days for any inmate who has provided false information as to indigency or whose complaint is deemed frivolous by the court. CRIMINAL BILLS FILED VIII. This year, sponsored several bills in the hopes of having new laws enacted I which would further protect citizens and, in one instance, help preserve scarce police Some resources. of the key bills are as follows: Gamma Rohvpnol and Hydroxy Butyric Acid. Establishes that two "date rape" drugs commonly known as "Roofies" and "GHB" are classified as Class A GHB controlled substances. Roofies and are being slipped into drinks, causing a heavily sedated state. Women are increasingly becoming victims of sexual assaults related to the unknowing ingesting of these drugs. This bill would categorize both Roofies and GHB, for the first time, as a controlled substance and increase penalties for use of these drugs during the commission of a rape or kidnapping. DNA Declares the process by which DNA is tested to be scientifically reliable . and renders the DNA test results admissible in all civil and criminal trials provided that the tests are performed by a qualified expert. This bill would obviate the need to have lengthy and comprehensive hearings on the admissibility of DNA test results on a case-by-case basis, preserving judicial economy as well as the Commonwealth's resources. False 911 Calls. Criminalizes the making of prank 91 1 calls where an emergency response team is sent to investigate. Police and fire departments currently receive thousands of hoax 91 1 calls a year. This bill would spare the precious resources of police and fire departments throughout the state. CONCLUSION IX. My staff and are diligently working on issues critical to those of us involved in I law enforcement in Massachusetts. look forward to the time when can announce I I that our bills have been enacted into law. In closing, have a few other news items which might be of interest to you. I First, have a new chief in my Criminal Bureau. Fran Mclntyre, formerly an Assistant I District Attorney in the Plymouth and Norfolk District Attorneys' Offices, has joined my office, replacing Mike Cassidy who is now Associate Dean of Boston College Law School. Fran brings with her a wealth of prosecutorial experience, incredible energy, and a host of ideas on ways to improve our criminal justice system. hope you'll find an I opportunity to meet her. Second, as many of you know, the funding for the COPS federal community policing program may run out in 1998 in most cities and towns. That means that many of our local municipalities will no longer have federal funding to support cops on the We streets. all know that our neighborhoods are kept safer because more officers are visible to the communities, and particularly to gangs. recently sent a letter to I Congressman Delahunt on this issue, encouraging him to lead the fight for more funds. My office needs to hear from you about what the ending of COPS money will mean to your community policing efforts, and what we can do to continue the tremendous gains we have made up to now. Law Enforcement Newsletter As always, want to hear from you with any questions, comments or suggestions I you have concerning the legislation and initiatives my office is undertaking. Continue the great work you're doing in helping protect the citizens of our Commonwealth. Sincerj Harshbarger eott