It’s déjà vu all over again.
A recently released report regarding structural racism in the parole process ran into the same barrier that has hindered myriad other attempts at analyzing the criminal justice system: a lack of good data.
The commission, established by the state’s December 2020 police reform bill after the murder of George Floyd, examined barriers to prisoners obtaining parole and made recommendations for addressing them.
But when it came to one of the core charges of the commission, investigating the disparate treatment of persons of color in the parole process, the 13-member commission found little data to rely on.
Statistically, the report found that the numbers do not provide evidence that Black and Hispanic/Latino individuals are overrepresented in parole denials. But approval rates do not provide the full picture, since many people who are approved for parole are never actually released.
The commission wrote that it could not obtain data on the number of individuals who are approved for parole but end up completing their sentences in prison. There is no data available that shows how many weeks, months, or years individuals wait to be released after receiving a positive parole vote. Data to compare parole approval by race and ethnicity for the same offense or type of offense is also lacking, the report says.
Statistics show that White incarcerated individuals are slightly overrepresented in the population eligible for parole, Black incarcerated individuals are slightly under-represented, and Hispanic/Latino incarcerated individuals are eligible at rates similar to their proportion of the prison population. “Without more data on the types of sentences and crimes of the individuals, the Commission cannot draw any clear conclusions regarding racial disparities from parole eligibility data alone,” the report says.
This is not a new problem. In recent years, two landmark reports, one on reducing recidivism and another identifying racial disparities in criminal justice in Massachusetts, were stymied in what they could accomplish by a lack of usable data. A separate audit of the computer system used by the district attorneys’ offices called that system outdated, noting that it could not supply data for various reports.
The state’s 2018 criminal justice reform law attempted to address the lack of good data by requiring the state to create a new tracking system, in which every defendant will be assigned a number and their case tracked through the system. Information could then be shared between agencies, from the police to prosecutors to judges and jails. It would also more easily allow for data analysis by replacing an information system that is now fragmented and in many cases antiquated with one that can compile bulk data. But, as CommonWealth reported, the process of creating the new system is complicated and progress has been slow.
Despite a lack of data, the parole commission was able to reach some conclusions and make recommendations. Members want to eliminate some parole-related fees, since Black and Hispanic individuals statistically are more likely to be poor and unable to pay them. The committee recommends investing in transitional housing and sober housing for people who are released. It recommends eliminating certain standard conditions of parole, like a blanket prohibition on interacting with people who have a criminal history, since Black and Hispanic individuals are more likely to have a family member with a criminal record. It also suggests diversifying parole officers and the parole board to ensure cultural competency.
Another recommendation is for state agencies to collect more data on things like parole violations, parole revocations, and parole rates broken down by race and ethnicity. The commission estimates it will take a $100,000 investment to make software updates that allow for this data collection. It notes that the Justice Reinvestment Oversight Board – the group established by the 2018 law to create the new criminal justice tracking system – is already working on the issue. This report provides yet another set of recommendations to guide its work.
Reasonable suspicion: The Supreme Judicial Court, normally a bastion of consensus, split 4-3 on the legality of a traffic stop in which police searched people inside a car based on the actions of a person who got out of the car.
– The police in New Bedford pulled over a car that changed lanes abruptly and forced another car to slam on the brakes. A Black man jumped out of the stopped car and angrily confronted police about the pull over. Officers knew the man as a gang member and said his demeanor was very different from past encounters, when he was cooperative and polite. Two other men were inside the car, also known to police as gang members. Police searched the men inside the car, and discovered one, who was also Black, had a gun. He was arrested, and claimed in court that the police search was illegal because the officers lacked “reasonable suspicion” to justify the search.
– The court majority sided with the police, saying reasonable suspicion existed that the men were armed and dangerous because of the one man’s uncharacteristic behavior, the gang connections of all three men, and past firearm incidents involving them. Justice Dalila Wendlandt, the court’s first Latina, sided with the majority, saying the decision does not rest on stereotypes.
– Chief Justice Kimberly Budd, who is Black, wrote in her dissent that it was more likely that the Black man who got out of the car believed police were pulling him over because of his color. “Given the well-documented history of the role that racial profiling plays in traffic stops throughout this country, a Black man’s expression of frustration at being stopped for a lane-change violation is readily comprehensible,” Budd wrote. To conclude otherwise, she wrote, “is to not only ignore the reality of race-based policing, but also perpetuate it.”
– Justices Frank Gaziano and Serge Georges, who is Black, also dissented. The two justices didn’t focus on race, but instead argued that the police actions were based on speculation not facts. Read more.
Supply chain coming: Gov. Charlie Baker says the state’s latest offshore wind procurement shows the industry is moving into a new phase focused on building a supply chain in the US. Read more.
Race data: Luc Schuster, director of the Boston Indicators project, says he and other researchers have been reporting US Census data incorrectly. He says the traditional counting approach understates Boston’s Black population by almost 43,000 residents. Read more.
FROM AROUND THE WEB
A legislative committee hears pitches from some Democratic lawmakers to raise taxes on corporations. (Salem News)
Gov. Charlie Baker signs a law tweaking the 2016 ballot question on animal welfare, a deal that will allow eggs and pork products to continue to be sold under current industry practices this year. The conditions of hen confinement will be changed slightly from the ballot question, and new restrictions on pig confinement will go into effect in August. (Gloucester Daily Times)
Gov. Baker reflects on his trip to a Holocaust remembrance museum in Jerusalem as he holds a ceremonial bill signing for a bill that will require genocide education to be taught in schools. (MassLive)
Secretary of State Bill Galvin signed-off on four ballot questions – dealing with alcohol sales, rideshare app drivers, and dental insurance – and sent them to the Legislature to consider. Lawmakers have until early May to act on the measures. If they don’t, proponents must then collect more signatures to have the items appear on the November ballot. (Boston Herald)
Gov. Baker says the state will soon make available a vaccine passport app to make checking vaccination status easy. (GBH)
Following Boston’s lead, Salem will require vaccination to enter businesses including restaurants, gyms, and entertainment venues. Salem also institutes an indoor mask mandate. (Salem News)
Boston Mayor Michelle Wu said she has received racist pushback against the new vaccine policy unveiled on Monday. (GBH)
Springfield City Councilor Malo Brown makes a $1,000 donation to resolve allegations that he violated campaign finance laws by improperly promoting fundraising events. (MassLive)
Easthampton considers a $100 vacant property fee to deter blight. (Daily Hampshire Gazette)
The permanent replacement nurses and nurses who crossed the picket line at St. Vincent Hospital file a petition to decertify the Massachusetts Nurses Association from representing the hospital’s nurses. It is the first step toward eliminating the union’s representation, which nurses say did not have the community’s or patients’ interests in mind during the lengthy strike. (Telegram & Gazette)
Massachusetts reports more than 7,800 new COVID cases Wednesday. (MassLive)
Michael Mina, a former Harvard epidemiologist who has been pushing emphatically for widespread rapid antigen testing, is finally being listened to, but perhaps a little late in the game. (Boston Globe) Back in March, Mina unspooled his argument for widespread testing on The Codcast.
The Department of the Interior reversed a Trump administration order that rescinded the Mashpee Wampanoag Tribe’s right to 321 acres of reservation land that helped establish them as a sovereign government. (Cape Cod Times)
A federal pause on student loan repayments is extended by 90 days, until May 1. (NPR)
Boston Herald columnist Peter Lucas continues to thump the drum for Republican gubernatorial candidate Geoff Diehl, suggesting his prospects are rising as President Biden’s numbers fall.
South Shore towns worry about a shortage of snow plow drivers heading into the winter. (Patriot Ledger)
Public schools are struggling with a shortage of substitute teachers, cafeteria workers, and other staff. (Gloucester Daily Times)
College students are coping with the sudden shift back to remote learning that some campuses are imposing – at least for a few weeks. (Boston Globe)
The Peabody Essex Museum is looking to sell one of its historic properties, the Gilbert Chadwick House, which was built around 1820. (Salem News)