Commissioner Clapprood joins Mayor Sarno and Representative Puppolo in Providing Testimony in Support of Governor Baker’s Dangerousness Legislation

Springfield, Mass. — Springfield Police Commissioner Cheryl Clapprood joined Mayor Domenic J. Sarno and State Representative Angelo J. Puppolo, Jr. in providing testimony before the Commonwealth’s Joint Committee on the Judiciary Tuesday in support of Governor Charlie Baker’s Dangerousness Legislation; House Bill (H) 4290:  An Act Relative to Protect Victims of Crimes and the Public.

Mayor Sarno, at the request from Governor Baker and Executive Office of Public Safety and Security (EOPSS) Secretary Terrence Reidy, joined with Representative Puppolo to offer their full support of the Governor’s pending legislation that would provide much-needed and common sense language to help protect the public and victims of certain crimes.

Mayor Sarno states, “Governor Baker’s Dangerousness Legislation is common sense legislation and would help the Commonwealth meet the fundamental government responsibility of keeping our residents and business community safe.  The bill would help keep our residents and business community safe.  It would also provide better protections for victims of specific crimes so they can feel safe and secure and not feel threatened or harassed.  Additionally, I am pleased to see that the Governor’s legislation also takes language from my bail reform legislation that was filed by State Representative Angelo J. Puppolo, Jr. (H. 1839) to help even the playing field for our District Attorneys, in addition to defendants, so they can have the option to appeal the release decisions from district court to the state superior court.”

Some of the key items the Governor’s pending legislation would address include:

• The right for the prosecution to request a dangerousness hearing for certain criminal acts, such as rape or indecent assault and battery on a child, where the prosecution believes there is substantial danger to the public where the defendant is likely to commit another crime while released or poses a threat to the community and victim(s).
• Strengthen the consequences for those who are found in violation of their release on bail and/or of pretrial conditions.
• Create a new felony offense for a defendant that has cut off their court-ordered GPS device.
• Improve the system for notifying victims of crimes of abuse and other dangerous crimes when a defendant is set to be released.
• Empower police to detain people found violating their court-ordered release conditions.  The current law does not allow this.
• Authorize judges to revoke a person’s release when the offender is found violating their court-ordered condition(s), such as to stay away from the victim or from a public playground.
• Allow bail commissioners and bail magistrates to consider dangerousness in deciding whether to release an arrestee from a police station when court is out of session.
• Create a task force to recommend adding information to criminal records so that prosecutors and judges can make more informed recommendations and decisions about conditions of release and possible detention on grounds of dangerousness.
• Clarify the permissible sentences following conviction for certain serious crimes: that probation is not a permissible sentence for home invasion or commission of a felony after two prior significant felony convictions; and that the sentence imposed on a person convicted of committing a felony while in possession of a firearm is a minimum mandatory sentence.

“I also fully support the provision of creating a new felony offense for defendants that cut off their court-ordered GPS device,” Mayor Sarno continued.  “Too often we see repeat criminal offenders ignoring and laughing at our courts on their pretrial bail conditions with little to no consequences.  There must be accountability somewhere and the Governor’s legislation is a good start.”

Commissioner Clapprood stated, “What happens is when individuals are released on low or no bail or an ankle bracelet; they become more brazen because they aren’t held accountable.  People are losing their lives or being assaulted after these people are being captured by the police and being brought to court.  We have to have these dangerous individuals held.  It’s the only way to prevent further victims.”

Representative Puppolo stated, “I applaud the Governor for sponsoring this legislation that will help address the public safety and quality of life concerns for the residents of our Commonwealth.  The measures the Governor has purposed in his Dangerousness legislation will be taken under consideration by the Judiciary Committee and I am looking forward to working with my colleagues in the House and Senate in reviewing this pending legislation.  Additionally, Mayor Sarno and I have been strong advocates for trying to create meaningful bail reform so that ‘we the people’ and our district attorneys have the right to appeal the bail conditions set forth by the district courts to the state Superior Court, if needed.  That is why I have refiled our bail reform legislation, H.1839, to help level the playing field for the Commonwealth.”

The Joint Committee on the Judiciary held a virtual hearing for H 4290 and other related bills on Tuesday, January 25, 2022.  For more information on pending state legislation, please visit the State Legislature website at www.malegislature.gov