Section 10G outlines specific penalties for individuals who violate Section 10 after having been previously convicted of violent crimes or serious drug offenses. This section of the law aims to impose stricter punishments on repeat offenders, reflecting a legal approach similar in principle to the federal Armed Career Criminal Act, which targets recidivism in violent crime. While Section 10G operates at a state level, its objectives and mechanisms share common ground with broader efforts to combat crime committed by individuals with prior serious convictions.
Section 10G escalates penalties based on the number of prior convictions an individual has accumulated. For someone with a single prior conviction for a violent crime or a serious drug offense, violating Section 10(a), (c), or (h) results in a mandatory minimum state prison sentence of three years, with a maximum of 15 years. This initial tier of enhanced sentencing underscores the seriousness with which the law views repeat offenses.
The penalties become even more severe for individuals with a history of multiple convictions. Section 10G stipulates that those with two prior convictions – whether they are two violent crimes, two serious drug offenses, or a combination of one of each from separate incidents – face a minimum of ten years and a maximum of 15 years in state prison for violating Section 10(a), (c), or (h). This significant increase in the minimum sentence highlights the escalating consequences for repeat offenders.
For individuals with three or more prior convictions, the law mandates even harsher penalties. Anyone with three prior convictions, in any combination of violent crimes or serious drug offenses from separate incidents, who then violates Section 10(a), (c), or (h) is subject to a state prison sentence of no less than 15 years and up to 20 years. This highest tier of sentencing under Section 10G reflects a clear intent to incapacitate individuals deemed to be persistent threats to public safety due to their repeated criminal behavior.
A crucial aspect of Section 10G is its restriction on sentence reductions and alternative sentencing options. The law explicitly states that sentences imposed under this section cannot be reduced below the minimum, suspended, and individuals convicted are ineligible for probation, parole, furlough, work release, or good conduct deductions until they have served the minimum term. Limited exceptions are made for temporary release under strict custody for attending funerals of close relatives, visiting critically ill family, or obtaining emergency medical services unavailable within the correctional institution. Furthermore, prosecutions under Section 10G cannot be continued without a finding or placed on file, and standard probation provisions for certain offenders do not apply to those over 18 charged under this section.
To ensure clarity, Section 10G defines “violent crime” by referencing Section 121 of Chapter 140. It also provides a specific definition for “serious drug offense,” encompassing offenses under key federal drug laws like the Controlled Substances Act, the Controlled Substances Import and Export Act, and the Maritime Drug Law Enforcement Act, specifically those offenses carrying a maximum imprisonment term of ten years or more. State-level drug offenses under Chapter 94C involving the manufacture, distribution, or possession with intent to distribute controlled substances, also carrying a maximum term of ten years or more, are also included in the definition of “serious drug offense.”
In conclusion, Section 10G serves as a robust legal mechanism to impose substantial penalties on repeat offenders who violate Section 10 after accumulating prior convictions for violent crimes or serious drug offenses. Mirroring the intent behind laws like the Armed Career Criminal Act, Section 10G aims to deter recidivism and ensure stricter accountability for individuals with a history of serious criminal behavior, ultimately prioritizing public safety through enhanced sentencing and limitations on sentence reductions.
