Legislative penalty changes contributed only modestly to the prison population run-up.

Several observations (in this post) suggest that the role of legislative enactments in the state prison population increase was limited. Non-legislative factors that could explain the rise include, of course, the stunning rise in crime itself and discretionary responses to that rise by communities, law enforcement and the courts. However, parole board release decisions do not seem to be a likely factor.

The Massachusetts Legislature regularly enacts criminal penalty increases.

Legislators respond with the tools that they have to public concerns and to troubling events. One can see, in the list of major criminal law enactments in this post, the history of punitive responses to recurring waves of legitimate public concern about drunk driving, drugs, guns, domestic violence, youth violence, sex offenses and crimes against the elderly.

Senate Press Release on the Budget

The Senate completed its budget process last night. The next step is conference with the House to reconcile differences with their budget. It was a good process under the new leadership of Senate President Stan Rosenberg and Ways and Means Chair Karen Spilka — a lot of collegiality and openness in the process. I was most pleased by our successful efforts to reach consensus on a big part of the Governor’s MBTA reform package.

Protecting the State from Olympic Liability

In the budget debate this week, the Senate adopted an amendment offered by Senator Tarr which sets in place a clear boundary on state liability for the Olympics. The Boston 2024 group has said all along that they don’t want to use taxpayer funds or put the taxpayers at risk. However, many of us feel it is critical that we put in place clear legal protections so that we are not surprised.