Update on July 30, 2014: Both branches have passed the compromise language outlined below, and the Governor has signed it.
House and Senate conferees reached an agreement on July 15 on a new sentencing structure for juveniles convicted of first degree murder. The compromise language, included in a conference report filed this afternoon, reflects a blend of the House and Senate approaches to the issue. More broadly, it reflects a compromise among diverse views in both branches — in the Senate, at least, the votes were more or less equally divided between those who would support a harsher approach and those would support a more lenient approach.
The compromise language appears below in italics along with explanation of the effect of the language.
Section 1 requires that the parole board include a forensic psychologist. The current parole board does include a forensic psychologist.
SECTION 1. Section 4 of chapter 27 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word “members”, in line 2, the following words:- , 1 of whom shall at all times have experience in forensic psychology.
Section 2 is intended to improve access to rehabilitative programming for juvenile offenders serving in the Department of Corrections.
SECTION 2. Section 72B of chapter 119 of the General Laws, as amended by section 24A of chapter 84 of the acts of 2013, is hereby further amended by inserting after the fourth paragraph the following paragraph:-
The department of correction shall not limit access to programming and treatment including, but not limited to, education, substance abuse, anger management and vocational training for youthful offenders, as defined in section 52, solely because of their crimes or the duration of their incarcerations. If the youthful offender qualifies for placement in a minimum security correctional facility based on objective measures determined by the department, the placement shall not be categorically barred based on a life sentence.
Sections 3 and 4 make housekeeping changes in procedural language to reflect that juveniles convicted of first degree murder will now participate in parole hearings.
SECTION 3. Section 133A of chapter 127 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word “degree”, in line 5, the following words:- who had attained the age of 18 years at the time of the murder.
SECTION 4. Section 133C of said chapter 127, as so appearing, is hereby amended by inserting after the word “degree”, in line 6, the following words:- who had attained the age of 18 years at the time of the murder.
Section 5 cleans up the penalty provisions for first degree murder, eliminating provisions that the Supreme Court has found unconstitutional — the death penalty for adults and life without parole for juveniles. There is no change in the effective penalty for adults convicted of first degree murder — it remains life without parole.
SECTION 5. Chapter 265 of the General Laws is hereby amended by striking out section 2, as so appearing, and inserting in place thereof the following section:-
Section 2. (a) Except as provided in subsection (b), any person who is found guilty of murder in the first degree shall be punished by imprisonment in the state prison for life and shall not be eligible for parole pursuant to section 133A of chapter 127.
(b) Any person who is found guilty of murder in the first degree who committed the offense on or after the person’s fourteenth birthday and before the person’s eighteenth birthday shall be punished by imprisonment in the state prison for life and shall be eligible for parole after the term of years fixed by the court pursuant to section 24 of chapter 279.
(c) Any person who is found guilty of murder in the second degree shall be punished by imprisonment in the state prison for life and shall be eligible for parole after the term of years fixed by the court pursuant to section 24 of chapter 279.
(d) Any person whose sentence for murder is commuted by the governor and council under section 152 of chapter 127 shall thereafter be subject to the laws governing parole.
Section 6 of the bill defines new initial parole eligibility ranges for juveniles (between their 14th and 18th birthdays) convicted of first degree murder. Until the most recent Supreme Judicial Court decision, these juveniles were sentenced to life without parole. They will now be sentenced to life with parole eligibility after a period of years to be determined by a judge within the following ranges:
- For felony murder, 20-30 years.
- For premeditated murder, 25-30 years.
- For murder with extreme atrocity or cruelty, 30 years
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Both branches had agreed on initial parole eligibility to be set by judges in the range between 20 and 30 years, but had different sub-ranges for the three different categories of murder. The final language compromises between the two branches.
SECTION 6. Section 24 of chapter 279 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
In the case of a sentence of life imprisonment for murder in the first degree committed by a person on or after the person’s fourteenth birthday and before the person’s eighteenth birthday, the court shall fix a minimum term of not less than 20 years nor more than 30 years; provided, however, that in the case of a sentence of life imprisonment for murder in the first degree with extreme atrocity or cruelty committed by a person on or after the person’s fourteenth birthday and before the person’s eighteenth birthday, the court shall fix a minimum term of 30 years; and provided further, that in the case of a sentence of life imprisonment for murder in the first degree with deliberately premeditated malice aforethought committed by a person on or after the person’s fourteenth birthday and before the person’s eighteenth birthday, the court shall fix a minimum term of not less than 25 years nor more than 30 years.
Section 7 creates a study commission.
SECTION 7. There shall be a commission to study and determine the usefulness and practicality of creating a developmental evaluation process for all cases of first degree murder committed by a juvenile. For the purposes of this section, juvenile shall mean a person between the ages of 14 and 18. The evaluation process shall determine the developmental progress and abilities of the juvenile offender at the time of sentencing and parole eligibility and the parole board shall utilize the evaluation process for future parole decisions regarding the juvenile offender. In making recommendations, the commission shall establish factors to analyze in determining the developmental progress of a juvenile offender. The commission shall consist of: the secretary of public safety and security or a designee, who shall serve as chair; the executive director of the Massachusetts office of victim assistance or a designee; the commissioner of mental health or a designee; the chief justice of the trial court or a designee; the chief justice of the juvenile court department or a designee; the chief counsel for the committee for public counsel services or a designee; the president of the Massachusetts District Attorneys Association or a designee; 2 members of the senate, 1 of whom shall be appointed by the minority leader of the senate; 2 members of the house of representatives, 1 of whom shall be appointed by the minority leader of the house of representatives; and at least 2 people who specialize in child psychology and mental development, who shall be appointed by the governor. The commission shall submit its report and findings, along with any drafts of legislation, to the house and senate committees on ways and means, the joint committee on the judiciary and the clerks of the senate and the house of representatives by December 31, 2014.
As required by the Constitution, Sections 8 and 9 make clear that the new penalty provisions apply only to murders committed after the date of enactment.
SECTION 8. Sections 3, 5 and 6 shall apply only to a person who commits a murder after the effective date of this act.
SECTION 9. Sections 2 and 4 shall apply regardless of when the murder for which the prisoner was convicted took place.
Several provisions were not included in the final bill:
- There is no change in the parole setback period — the maximum period that the parole board may set until the next parole hearing when it denies parole to an inmate.
- There is no change in the findings that the parole board must make to release a prisoner.
- There no new right to counsel created at the parole hearing stage
For more information, and legislative history, please see this previous post.
Update on July 30, 2014:The Governor has signed this bill.