Activist Lois Ahrens said no jails should be built until meaningful reforms are enacted.
NORTHAMPTON -- Massachusetts, with its blue-state reputation, is far from progressive when it comes to criminal justice and incarceration, a leading advocate said Monday.
Lois Ahrens is director of The Real Cost of Prisons Project, and spoke during a Martin Luther King Jr. Day symposium at the Edwards Church sponsored by the American Friends Service Committee.
It was not long ago that a federal judge ruled in favor of 178 female inmates at the Western Massachusetts Regional Women's Correctional Center in Chicopee, Ahrens said. In his 2014 decision, Judge Michael Ponsor wrote that the jail's strip search procedures, which involved male prison guards operating video cameras, "clearly transgressed the Constitution."
In Arkansas and Massachusetts, prisoners can legally be placed in solitary confinement for up to 10 years -- locking them "in a concrete box the size of a parking space for 23 hours a day, seven days a week," said Ahrens.
People of color are disproportionately represented among the prison population, she said, because of race-based policing and prosecution, mandatory minimum sentencing, drug laws that criminalize possession, poor access to lawyers and a state Legislature that has resisted criminal justice reform.
As for roadblocks to reform, Ahrens cited "the unchallenged power of district attorneys," the lobbying power of police and police unions, guards and guard unions and "professional victims rights organizations."
The state's 2012 "three strikes" law, supported by leading Democrats, prohibited parole for repeat violent offenders and eliminated judicial discretion in sentencing for dozens of crimes. Ahrens said it also increased the power of district attorneys to extract plea bargains from indigent defendants.
"If every person pressured to accept a plea bargain said they wanted to go to trial, we would see a complete breakdown of the court system," she said.
Massachusetts taxpayers spend more than $1 billion a year to keep around 11,000 people incarcerated. Around half are under lock and key while awaiting trial, most because they could not make bail, according to Ahrens.
"The solution to overcrowded prisons is to let more people go free," she said, citing California and New York, which have closed state correctional facilities and taken steps to reduce their inmate populations.
Ahrens said she worked last session to defeat a bill to site a new women's prison in Middlesex County. She said there is a coalition ready to challenge any prison construction or siting bill that should arise on Beacon Hill this year.
"Our position is that no new jails should be built until bail reform and alternatives to incarceration are passed and implemented," she said. "We will be fighting this bill again in the current session."
She said she is also leery of a "justice reinvestment" effort being pushed by the Council of State Governments, or CSG. While billed as a "data-driven approach to reduce recidivism, avert costs and invest in public safety," Ahrens said she believes the approach only offers "the illusion of reform" while shifting costs, funding police budgets and enriching vendors.
Gov. Charlie Baker in 2015 formed a 25-member working group to partner with CSG and "explore opportunities for policy consensus and reform." The group's leadership consists of Baker, Lt. Gov. Karyn Polito, Sen. Pres. Stan Rosenberg, D-Amherst, House Speaker Robert DeLeo, D-Winthrop, and Supreme Judicial Court Chief Justice Ralph Gants.
Ahrens said advocates statewide will push to "expand the legislative focus" of the working group to include consideration of racial inequities in the criminal legal system. "It's important to get involved now," she said.
She said "progressives" are obsessed with local agriculture, war and peace and the environment while turning a blind eye to the issue of criminal justice reform.
"Massachusetts remains a deeply segregated state," Ahrens said. "Therefore the concerns that deeply impact and hurt African-American and Latino communities are not known to most white people in a visceral way."
Mary Serreze can be reached at mserreze@gmail.com