By Jack Schwietz
With more focus on commutations and parole more people are wondering; what is the Governor’s Council and its role in reducing prison sentences?
The Massachusetts Governor’s Council is composed of eight individual elected officials.
Each of the councilors is elected every two years from different districts throughout Massachusetts.
Robert E. Jubinville, who represents district two and is on the Governor's Council, is in favor of pardons and commutations.
“By law we have certain duties, and one of the duties is courtship and we also have the ultimate say by vote,” Jubinville said.
There are several different functions and qualifications that are required before members can be elected.
Any member of the council must be a Massachusetts resident for five years during the time of the election.
The role of the Governor's Council is to guide and provide insight and consent on matters such as pardons and commutations.
“We have to approve any commutation and the governor is recommended and then can approve or deny it, but the governor's council gets the last say on any commutation,” Jubinville said.
A pardon is when they give forgiveness to the offender's underlying offense. In order to be granted a pardon, a petitioner must show “good citizenship,” according to the Governor’s council website.
“The parole board can then choose to pardon or not to pardon,” Jubinville said.
A commutation does not mean the underlying offense is forgiven.
This simply means that the period of being incarcerated for the offense has been reduced.
Then they conduct the commutation hearing.
“I hope this is the dawn of an era where clemency is more common,” said member of the Govenor’s Council Paul DePalo.
The last time a sentence was commuted prior to this year in Massachusetts was in 2014, which was then first commutation in 17 years.
It would be decades before another commutation for murder
“This is the first commutation from first degree murder to second degree murder in 25 years,” Jubinville said at the William Allen Case.
For commutations, the Council will conduct a commutation hearing of their findings and present the information to the Governor.
“Commutation hearings are very rare,” Plymouth County District Attorney Tim Cruz said.
Cruz has been a District Attorney for the past 20 years.
The Governor's Council played a role in the commutation hearing for William Allen.
Allen first filed a supplement to the petition seeking the possibility for commutation.
“Once Allen's sentence was commuted from first degree to second degree he went to the Parole Board and then he is eligible for Parole,” Jubinville said.
Several Council members showed support during the commutation hearing that was held on February 2 for Brockton resident, William Allen.
Recently the Governers Council commuted life without parole for two prisoners who were convicted of first degree murder and one of them being a man by the name of William Allen.
Allen, who served 27 years in prison, was granted parole and was awaited release.
Allen, was convicted for armed robbery and felony murder in 1997. Rolando Perry, agreed to plead guilty to second-degree murder and was released over a decade ago. The murder occured during a drug rip off home invasion.
“Allen did not do the stabbing, but he still took first-degree. The stabber has been out for over a decade now,” said Cruz.
First degree murder carries a sentence of life without the possibility of parole.
“Second degree murder can be anywhere from 15, 20, 25 years,” Jubinville said.
“If I am given a second chance I will use this opportunity to not only help my family but my community to which I know and understand the harm that I have taken so much from,” Allen said during one of the hearings.
Allen was just granted parole and is expected to be out in the coming weeks.
With more focus on commutations and parole more people are wondering; what is the Governor’s Council and its role in reducing prison sentences?
The Massachusetts Governor’s Council is composed of eight individual elected officials.
Each of the councilors is elected every two years from different districts throughout Massachusetts.
Robert E. Jubinville, who represents district two and is on the Governor's Council, is in favor of pardons and commutations.
“By law we have certain duties, and one of the duties is courtship and we also have the ultimate say by vote,” Jubinville said.
There are several different functions and qualifications that are required before members can be elected.
Any member of the council must be a Massachusetts resident for five years during the time of the election.
The role of the Governor's Council is to guide and provide insight and consent on matters such as pardons and commutations.
“We have to approve any commutation and the governor is recommended and then can approve or deny it, but the governor's council gets the last say on any commutation,” Jubinville said.
A pardon is when they give forgiveness to the offender's underlying offense. In order to be granted a pardon, a petitioner must show “good citizenship,” according to the Governor’s council website.
“The parole board can then choose to pardon or not to pardon,” Jubinville said.
A commutation does not mean the underlying offense is forgiven.
This simply means that the period of being incarcerated for the offense has been reduced.
Then they conduct the commutation hearing.
“I hope this is the dawn of an era where clemency is more common,” said member of the Govenor’s Council Paul DePalo.
The last time a sentence was commuted prior to this year in Massachusetts was in 2014, which was then first commutation in 17 years.
It would be decades before another commutation for murder
“This is the first commutation from first degree murder to second degree murder in 25 years,” Jubinville said at the William Allen Case.
For commutations, the Council will conduct a commutation hearing of their findings and present the information to the Governor.
“Commutation hearings are very rare,” Plymouth County District Attorney Tim Cruz said.
Cruz has been a District Attorney for the past 20 years.
The Governor's Council played a role in the commutation hearing for William Allen.
Allen first filed a supplement to the petition seeking the possibility for commutation.
“Once Allen's sentence was commuted from first degree to second degree he went to the Parole Board and then he is eligible for Parole,” Jubinville said.
Several Council members showed support during the commutation hearing that was held on February 2 for Brockton resident, William Allen.
Recently the Governers Council commuted life without parole for two prisoners who were convicted of first degree murder and one of them being a man by the name of William Allen.
Allen, who served 27 years in prison, was granted parole and was awaited release.
Allen, was convicted for armed robbery and felony murder in 1997. Rolando Perry, agreed to plead guilty to second-degree murder and was released over a decade ago. The murder occured during a drug rip off home invasion.
“Allen did not do the stabbing, but he still took first-degree. The stabber has been out for over a decade now,” said Cruz.
First degree murder carries a sentence of life without the possibility of parole.
“Second degree murder can be anywhere from 15, 20, 25 years,” Jubinville said.
“If I am given a second chance I will use this opportunity to not only help my family but my community to which I know and understand the harm that I have taken so much from,” Allen said during one of the hearings.
Allen was just granted parole and is expected to be out in the coming weeks.
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