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SECTION 1. Section 7 of chapter 4 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following clauses:-
Sixtieth, “The age of criminal majority” shall mean the age of 19.
Sixty-first, “Offense-based tracking number” shall mean a unique number assigned by a criminal justice agency, as defined in section 167 of chapter 6, for an arrest or charge; provided, however, that any such designation shall conform to the policies of the department of state police and the department of criminal justice information services.
SECTION 2. The definition of “Criminal offender record information” in section 167 of chapter 6 of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Such information shall be restricted to information recorded in criminal proceedings that are not dismissed before arraignment.
SECTION 3. Said section 167 of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 38 and 40, the figure “18” and inserting in place thereof, in each instance, the following words:- criminal majority.
SECTION 4. Said section 167 of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 41 and 42, the words “18 is adjudicated as an adult” and inserting in place thereof the following words:- criminal majority was tried as an adult in superior court or tried as an adult after transfer of a case from a juvenile session to another trial court department.
SECTION 5. Section 36 of chapter 22C of the General Laws, as so appearing, is hereby amended by striking out, in lines 21 and 22, the words “provided that such records shall remain subject to the regulations of said board”.
SECTION 6. Said section 36 of said chapter 22C, as so appearing, is hereby further amended by adding the following 3 paragraphs:-
The department shall transmit criminal case disposition information, including any order of dismissal and any order to seal or expunge a record, to the Federal Bureau of Investigation to provide criminal history record information through the Bureau’s Interstate Identification Index.
The department shall transmit juvenile case disposition information, including any order of dismissal and any order to seal or expunge a record, to the Federal Bureau of Investigation to provide criminal history record information through the Bureau’s Interstate Identification Index; provided, however, that the department shall include with every transmission of juvenile case disposition information an order to seal such information within the Bureau’s Interstate Identification Index.
The executive office of public safety and security shall implement a fingerprint-supported criminal history system that utilizes a fingerprint-based state identification number as the unique identifier of a person from the point of arrest or charging through each contact the person has with the criminal justice system or juvenile justice system and that provides criminal case disposition and other relevant information to ensure a complete and accurate criminal history. The executive office of public safety and security may promulgate regulations to implement this paragraph.
SECTION 7. Section 20 of chapter 31 of the General Laws, as so appearing, is hereby amended by striking out, in lines 10 and 11, the words “18 years” and inserting in place thereof the following words:- criminal majority.
SECTION 8. Section 24 of chapter 37 of the General Laws, as so appearing, is hereby amended by striking out, in line 14, the words “18 years” and inserting in place thereof the following words:- criminal majority.
SECTION 9. Section 21D of chapter 40 of the General Laws, as so appearing, is hereby amended by striking out the first and second paragraphs and inserting in place thereof the following 3 paragraphs:-
A city or town may, by ordinance or by-law that is not inconsistent with this section, provide for the non-criminal disposition of: (i) a misdemeanor eligible for decriminalization under section 70C of chapter 277; (ii) a matter that has been deemed a civil infraction by a general or special law; and (iii) a violation of an ordinance, by-law, rule or regulation of a municipal officer, board or department that is subject to a specific penalty.
If a city or town has approved such an ordinance or by-law, a police officer who has probable cause to believe that a person has committed a misdemeanor, civil infraction or violation for which the city or town has allowed non-criminal disposition may ask the person to provide the person’s name or address, where applicable. If, having been advised by the officer that failure to provide the person’s name or address may result in the person’s arrest, and the person refuses to provide the person’s name or address, provides a false name or address or provides a name or address that is not the person’s name or address in ordinary use, the person may be arrested without a warrant.
Such an ordinance or by-law shall provide that a police officer who has probable cause to believe that a person has committed a misdemeanor, civil infraction or violation may, as an alternative to initiating criminal proceedings, provide to the person alleged to have committed the misdemeanor, civil infraction or violation a written notice to appear before the clerk of the district court with jurisdiction over the misdemeanor, civil infraction or violation during office hours, not later than 21 days after the date of the notice. The notice shall be produced in triplicate and shall contain the name and address, if known, of the person alleged to have committed the offense, the specific offense charged and the time and place of any required appearance. The notice shall be signed by the issuing police officer. If the person alleged to have committed the offense fails, without good cause, to appear in response to the written notice and the court has satisfactory proof of service of the notice, an arrest warrant may be issued and shall be served by any officer authorized to serve criminal process.
SECTION 10. Section 98 of chapter 41 of the General Laws, as so appearing, is hereby amended by striking out the second paragraph.
SECTION 11. Section 98F of said chapter 41, as so appearing, is hereby amended by striking out, in line 18, the words “or (iii)” and inserting in place thereof the following words:- , (iii).
SECTION 12. Said section 98F of said chapter 41, as so appearing, is hereby further amended by inserting after the figure “209A”, in line 21, the following words:- , or (iv) any entry concerning the arrest of a person who has not yet reached the age of criminal majority.
SECTION 13. Subsection (b) of section 37P of chapter 71 of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
In selecting a school resource officer, the chief of police shall consider candidates that the chief believes would strive to foster an optimal learning environment and educational community; provided, however, that the chief of police shall give preference, to the extent practicable, to candidates who have received specialized training in one or more of the following areas: (i) child and adolescent development; (ii) de-escalation and conflict resolution techniques with children and adolescents; (iii) behavioral health disorders in children and adolescents; (iv) alternatives to arrest and other juvenile justice diversion strategies; (v) and behavioral threat assessment methods. The appointment of a school resource officer shall not be based solely on seniority.
The performance of a school resource officer shall be reviewed annually by the superintendent and the chief of police. The superintendent and
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the chief of police shall enter into a written memorandum of understanding to clearly define the role and duties of the school resource officers. The memorandum shall be placed on file in the office of the school superintendent and police chief. The memorandum shall: (i) state that school resource officers may use arrest, citation and court referral only when necessary to address and prevent real and immediate threats to the physical safety of the members of the school and the wider community; (ii) state that school resource officers shall not use arrest, citation, and court referral in response to non-violent school infractions such as tardiness, loitering, use of profanity, dress code violations and disruptive or disrespectful behaviors; (iii) set forth protocols for utilizing the expertise of mental health professionals in addressing the needs of students with behavioral and emotional difficulties, in crisis situations and otherwise; (iv) require that a school resource officer devote a significant portion of time that the officer devotes to professional development activities and to school-based or other training that promotes heightened awareness of the challenges faced by students in the school to which the officer is assigned, with an emphasis on professional development activities that impart information regarding child development, including the incidence and impact of adverse childhood experiences, de-escalation techniques and implicit or unconscious bias; (v) specify how the school and police departments will regularly monitor and assure that a school resource officer is complying with the terms of the memorandum and avoiding inappropriate arrest, citation or court referral; and (vi) specify the manner and division of responsibility for collecting and reporting the school-based arrests, citations and court referrals of students to the department of elementary and secondary education in accordance with regulations promulgated by the department, which shall collect and publish disaggregated data in a like manner as school discipline data made available for public review.
SECTION 14. Section 22 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out subsection (i).
SECTION 15. Section 23 of said chapter 90, as so appearing, is hereby amended by inserting after the figure “$500”, in line 53, the following words:- ; provided, however, that a finding of delinquency shall not be entered against such a person in a proceeding for a complaint issued for violation of this section.
SECTION 16. Section 24 of said chapter 90, as so appearing, is hereby amended by striking out, in lines 22 and 23 and in lines 816 and 817, the words “not be subject to reduction or waiver by the court for any reason” and inserting in place thereof, in each instance, the following words:- be waived or reduced if it will impose a substantial financial hardship on the person or the person’s family or dependents.
SECTION 17. Said section 24 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 32, the words “not be subject to waiver by the court for any reason” and inserting in place thereof the following words:- be waived or reduced if it will impose a substantial financial hardship on the person or the person’s family or dependents.
SECTION 18. Section 24D of said chapter 90, as so appearing, is hereby amended by striking out, in lines 138 and 139, the words “cause a grave and serious hardship to such individual or to the family of such individual” and inserting in place thereof the following words:- impose a substantial financial hardship on the person or the person’s family or dependents.
SECTION 19. Said section 24D of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 173 and 174, the words “cause a grave and serious hardship to such individual or to the family thereof” and inserting in place thereof the following words:- impose a substantial financial hardship on the person or the person’s family or dependents.
SECTION 20. Section 34J of said chapter 90, as so appearing, is hereby amended by inserting after the figure “$500”, in line 59, the following words:- ; provided, however, that a finding of delinquency shall not be entered against such a person in a proceeding for a complaint issued for violation of this section.
SECTION 21. Section 8 of chapter 90B of the General Laws, as so appearing, is hereby amended by striking out, in lines 513 and 514, the words “not be subject to reduction or waiver by the court for any reason” and inserting in place thereof the following words:- be waived or reduced if it will impose a substantial financial hardship on the person or the person’s family or dependents.
SECTION 22. Paragraph (6) of subsection (A) of section 3 of chapter 90C of the General Laws, as so appearing, is hereby amended by adding the following subparagraph:-
(d) A violator may request a payment plan for the payment of the violator’s assessment to the registrar or the registrar’s authorized agent. If the violator requests a payment plan, the registrar shall determine a monthly payment plan that takes the violator’s ability to pay into consideration; provided, however, that a monthly payment shall not be less than $25. The payment plan shall be sufficient to discharge the violator of all reinstatement fees and underlying fines assessed to the violator. The term of a payment plan under this section shall be not more than 12 months. During the period of the payment plan, the registrar shall defer any suspension otherwise required by this section as a result of the civil motor vehicle infraction.
If a violator signs a payment plan approved by the registrar and fails to make payments on the plan, the registrar may suspend the violator’s license, learner’s permit or right to operate without further notice or hearing. The registrar shall promulgate regulations to govern the determination and use of payment plans.
SECTION 23. Class A of section 31 of chapter 94C of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
(d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation that contains any quantity of the following substances including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designations:
(1) Acetyl Fentanyl
(2) Carfentanil
(3) Fentanyl
(4) Cyclopropyl fentanyl
(5) Furanyl fentanyl
(6) 3-methylfentanyl
(7) 3,4-Dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide also known as u-47700
(8) Any synthetic opioid controlled in Schedule I of Title 21 of the Code of Federal Regulations Part 1308.11 or Schedule II of Title 21 of the Code of Federal Regulations Part 1308.12, unless specifically excepted or unless listed in another class in this section.
SECTION 24. Paragraph (a) of Class B of said section 31 of said chapter 94C, as so appearing, is hereby amended by striking out clause (4) and inserting in place thereof the following clause:-
(4) Coca leaves, and their salts, optical and geometric isomers and salts of isomers, excluding coca leaves and extracts of coca leaves from which cocaine, ecgonine and derivatives of ecgonine or their salts have been removed; or cocaine, ecgonine, pseudococaine, allococaine and pseudoallococaine, their derivatives, their salts, isomers and salts of their isomers; or any compound, mixture or preparation which contains any quantity of any substances referred to in this paragraph.
SECTION 25. Paragraph (b) of said Class B of said section 31 of said chapter 94C, as so appearing, is hereby amended by striking out clauses (1) to (21), inclusive, and inserting in place thereof the following 20 clauses:-
(1) Alphaprodine
(2) Anileridine
(3) Bezitramide
(4) Dihydrocodeine
(5) Diphenoxylate
(6) Isomethadone
(7) Levomethorphan
(8) Levorphanol
(9) Metazocine
(10) Methadone
(11) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane
(12) Moramide-Intermediate, 2-methyl-3 morpholine-1, 1-diphenyl-propane carboxylic acid
(13) Pethidine
(14) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine
(15) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate
(16) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid
(17) Phenazocine
(18) Piminodine
(19) Racemethorphan
(20) Racemorphan
SECTION 26. Said chapter 94C is hereby further amended by striking out sections 32 to 32C, inclusive, as so appearing, and inserting in place thereof the following 4 sections:-
Section 32. A person who knowingly or intentionally manufactures, distributes, dispenses or possesses with intent to manufacture, distribute or dispense a controlled substance in Class A of section 31 shall be punished by imprisonment in the state prison for not more than 10 years or in a jail or house of correction for not more than 2½ years, by a fine of not less than $1,000 nor more than $10,000 or by both such fine and imprisonment.
Section 32A. A person who knowingly or intentionally manufactures, distributes, dispenses or possesses with intent to manufacture, distribute or dispense a controlled substance in Class B of section 31 shall be punished by imprisonment in the state prison for not more than 10 years or in a jail or house of correction for not more than 2½ years, by a fine of not less than $1,000 nor more than $10,000 or by both such fine and imprisonment.
Section 32B. A person who knowingly or intentionally manufactures, distributes, dispenses or possesses with intent to manufacture, distribute or dispense a controlled substance in Class C of section 31 shall be imprisoned in state prison for not more than 5 years or in a jail or house of correction for not more than 2½ years, by a fine of not less than $500 nor more than $5,000 or by both such fine and imprisonment.
Section 32C. A person who knowingly or intentionally manufactures, distributes, dispenses or cultivates, or possesses with intent to manufacture, distribute, dispense or cultivate a controlled substance in Class D of section 31 shall be imprisoned in a jail or house of correction for not more than 2 years or by a fine of not less than $500 nor more than $5,000, or by both such fine and imprisonment.
SECTION 27. Section 32E of said chapter 94C, as so appearing, is hereby amended by striking out, in lines 46 and 47, the figure “18” and inserting in place thereof, in each instance, the following figure:- 100.
SECTION 28. Subsection (b) of said section 32E of said chapter 94C, as so appearing, is hereby amended by striking out clauses (1) to (4), inclusive, and inserting in place thereof the following 2 clauses:-
(1) Not less than 100 grams but less than 200 grams, be punished by a term of imprisonment in the state prison for not less than 8 nor more than 20 years and by a fine of not less than $10,000 nor more than $100,000; provided, however, that a sentence imposed under this clause shall not be for less than a mandatory minimum term of imprisonment of 8 years; provided further, that a fine shall not be imposed in lieu of the mandatory minimum term of imprisonment established in this clause.
(2) Not less than 200 grams, be punished by a term of imprisonment in the state prison for not less than 12 nor more than 20 years and by a fine of not less than $50,000 nor more than $500,000; provided, however, that a sentence imposed under this clause shall not be for less than a mandatory minimum term of imprisonment of 12; provided further, that a fine shall not be imposed in lieu of the mandatory minimum term of imprisonment established in this clause.
SECTION 29. Said section 32E of said chapter 94C, as so appearing, is hereby further amended by inserting after the word “thereof”, in line 80, the following words:- , a controlled substance defined in paragraph (d) of Class A of section 31.
SECTION 30. Said section 32E of said chapter 94C, as so appearing, is hereby further amended by inserting after the word “thereof”, in line 85, the first time it appears, the following words:- , a controlled substance defined in paragraph (d) of Class A of section 31.
SECTION 31. Said section 32E of said chapter 94C, as so appearing, is hereby further amended by inserting after the word “thereof”, in line 87, the following words:- , a controlled substance defined in paragraph (d) of Class A of section 31.
SECTION 32. Said section 32E of said chapter 94C, as so appearing, is hereby further amended by inserting after the word “thereof”, in line 89, the first time it appears, the following words:- , a controlled substance defined in paragraph (d) of Class A of section 31.
SECTION 33. Said section 32E of said chapter 94C, as so appearing, is hereby further amended by striking out subsection (c½).
SECTION 34. Section 32H of said chapter 94C, as so appearing, is hereby amended by striking out, in lines 1 to 3, inclusive, the words “paragraph (b) of section thirty-two, paragraphs (b), (c) and (d) of section thirty-two A, paragraph (b) of section thirty-two B, sections” and inserting in place thereof the following word:- sections.
SECTION 35. Said section 32H of said chapter 94C, as so appearing, is hereby further amended by striking out, in lines 3 and 4, the words “thirty-two E thirty-two F and thirty-two J” and inserting in place thereof the following words:- 32E and 32F.
SECTION 36. Said section 32H of said chapter 94C, as so appearing, is hereby further amended by striking out, in lines 16 to 18, inclusive, the words “subsection (c) of Section 32, subsection (e) of section 32A, subsection (c) of section 32B, subsection (d) of section 32E, or section 32J” and inserting in place thereof the following words:- subsection (d) of section 32E.
SECTION 37. Said section 32H of said chapter 94C, as so appearing, is hereby further amended by striking out, in line 33, the words “18 years of age or older” and inserting in place thereof the following words:- having attained the age of criminal majority.
SECTION 38. Said section 32H of said chapter 94C, as so appearing, is hereby further amended by striking out, in line 34, the figure “18” and inserting in place thereof the following words:- the age of criminal majority.
SECTION 39. Section 32I of said chapter 94C, as so appearing, is hereby amended by striking out, in line 10, the words “less than one nor”.
SECTION 40. Said section 32I of said chapter 94C, as so appearing, is hereby further amended by striking out, in line 11, the words “less than five hundred nor”.
SECTION 41. Said section 32I of said chapter 94C, as so appearing, is hereby further amended by striking out, in line 24, the words “less than fifty nor”.
SECTION 42. Section 32J of said chapter 94C is hereby repealed.
SECTION 43. Section 32M of said chapter 94C, as amended by section 19 of chapter 55 of the acts of 2017, is hereby further amended by striking out, in line 1, the word “eighteen” and inserting in place thereof the following words:- criminal majority.
SECTION 44. Said section 32M of said chapter 94C, as so amended, is hereby further amended by striking out, in line 6, the figure “18” and inserting in place thereof the following words:- criminal majority.
SECTION 45. Section 34 of said chapter 94C, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 14 and 15, the words “less than two and one-half years nor”.
SECTION 46. Said section 34 of said chapter 94C, as so appearing, is hereby further amended by striking out, in lines 42 to 44, inclusive, the words “departmental records which are not public records, maintained by police and other law enforcement agencies, shall not be sealed; and provided further, that”.
SECTION 47. Section 34A of said chapter 94C, as so appearing, is hereby amended by striking out, in lines 4 and 11, the words “sections 34 or 35” and inserting in place thereof, in each instance, the following words:- section 34 or found in violation of a condition of probation or pretrial release as determined by the courts or a condition of parole as determined by the parole board.
SECTION 48. Said section 34A of said chapter 94C, as so appearing, is hereby further amended by striking out, in lines 5 and 12, the word “substance” and inserting in place thereof, in each instance, the following words:- substance or violation.
SECTION 49. Section 35 of said chapter 94C is hereby repealed.
SECTION 50. Section 36 of said chapter 94C, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 6 and 7, the words “his eighteenth birthday” and inserting in place thereof the following words:- the age of criminal majority.
SECTION 51. Section 44 of said chapter 94C, as so appearing, is hereby amended by striking out, in lines 5 to 8, inclusive, the words “; provided, however, that departmental records maintained by police and other law enforcement agencies which are not public records shall not be sealed”.
SECTION 52. Section 45 of said chapter 94C is hereby repealed.
SECTION 53. Section 1 of chapter 111E of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the definition of “Administrator” and inserting in place thereof the following 2 definitions:-
“Addiction specialist”, a licensed physician who specializes in the practice of psychiatry or addiction medicine, a licensed psychologist, a licensed independent social worker, a licensed mental health counselor, a licensed psychiatric clinical nurse specialist, a licensed alcohol and drug counselor I as defined in section 1 of chapter 111J or any other professional considered qualified by the department to evaluate whether an individual is a drug dependent person.
“Administrator”, the person in charge of the operation of a facility or a penal facility, or the person’s designee.
SECTION 54. Said section 1 of said chapter 111E, as so appearing, is hereby further amended by striking out the definitions of “Independent psychiatrist” and “Independent physician” and inserting in place thereof the following definition:-
“Independent addiction specialist”, an addiction specialist, other than one holding an office or appointment in a department, board or agency of the commonwealth or in a public facility or penal facility.
SECTION 55. Section 10 of said chapter 111E, as so appearing, is hereby amended by striking out, in lines 18 and 19, the words “a psychiatrist, or if it is, in the discretion of the court, impracticable to do so, a physician,” and inserting in place thereof the following words:- an addiction specialist.
SECTION 56. Said section 10 of said chapter 111E, as so appearing, is hereby further amended by striking out, in lines 23, 25, 31, 35, 93 and 104 the words “psychiatrist or physician” and inserting in place thereof, in each instance, the following words:- addiction specialist.
SECTION 57. Said section 10 of said chapter 111E, as so appearing, is hereby further amended by striking out, in lines 60 and 61 and in line 71 the words “for the first time”.
SECTION 58. Said section 10 of said chapter 111E, as so appearing, is hereby further amended by striking out, in lines 61 and 62 and in lines 72 and 73, the words “not involving the sale or manufacture of dependency related drugs,”.
SECTION 59. Said section 10 of said chapter 111E, as so appearing, is hereby further amended by striking out, in lines 98 and 99, the words “independent psychiatrist, or if it is impracticable to do so, an independent physician” and inserting in place thereof the following words:- independent addiction specialist.
SECTION 60. Said section 10 of said chapter 111E, as so appearing, is hereby further amended by striking out, in lines 124 and 125, the words “independent psychiatrist, or, if none is available, an independent physician” and inserting in place thereof the following words:- independent addiction specialist.
SECTION 61. Said section 10 of said chapter 111E, as so appearing, is hereby further amended by striking out, in line 184, the words “thirty-two to thirty-two G” and inserting in place thereof the following words:- 32E to 32G.
SECTION 62. Section 11 of said chapter 111E, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “a psychiatrist, or, if, in the discretion of the court, it is impracticable to do so, by a physician,” and inserting in place thereof the following words:- an addiction specialist.
SECTION 63. Said section 11 of said chapter 111E, as so appearing, is hereby further amended by striking out, in line 11, lines 16 and 17 and line 18, the words “physician or psychiatrist” and inserting in place thereof, in each instance, the following words:- addiction specialist.
SECTION 64. Section 13A of said chapter 111E, as so appearing, is hereby amended by striking out, in lines 9 and 12 the word “physician” and inserting in place thereof, in each instance, the following words:- addiction specialist.
SECTION 65. Section 52 of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out the definitions of “Court” and “Delinquent Child” and inserting in place thereof the following 3 definitions:-
“Civil infraction”, a violation for which a civil proceeding is allowed, for which the court shall not appoint counsel nor impose a sentence of incarceration and for which a civil penalty may be imposed.
“Court”, a division of the juvenile court department.
“Delinquent child”, a child between the age of 12 and the age of criminal majority who commits any offense against a law of the commonwealth; provided, however, that such an offense shall not include a civil infraction.
SECTION 66. Said section 52 of said chapter 119, as so appearing, is hereby further amended by striking out, in line 15, the figure “18” and inserting in place thereof the following words:- the age of criminal majority.
SECTION 67. Section 54 of said chapter 119, as so appearing, is hereby amended by striking out, in line 2, the words “seven and 18 years of age” and inserting in place thereof the following words:- 12 and the age of criminal majority.
SECTION 68. Said section 54 of said chapter 119, as so appearing, is hereby further amended by striking the second paragraph and inserting in place thereof the following paragraph:-
An application for such a complaint submitted to the juvenile court by a police department against a child arrested for an offense shall be accompanied by an offense-based tracking number. An application’s failure to include the arrestee’s offense-based tracking number shall not preclude the issuance of a complaint where there is otherwise a valid application submitted by a police department against a child. If a complaint is issued based on an application for a complaint submitted by a police department against a child that did not include the child’s offense-based tracking number, the prosecutor shall submit the offense-based tracking number of the child to the court to be included in the case file.
SECTION 69. Said section 54 of said chapter 119, as so appearing, is hereby further amended by striking out, in line 21, the words “ages of fourteen and 18” and inserting in place thereof the following words:- age of 14 and the age of criminal majority.
SECTION 70. Said chapter 119 is hereby further amended by inserting after section 54 the following section:-
Section 54A. (a) A juvenile court shall have jurisdiction to divert to a program, as defined in section 1 of chapter 276A, a child who is subject to the jurisdiction of the juvenile court as the result of an application for complaint brought under section 54.
(b) A child complained of as a delinquent child may, upon the request of the child, undergo an assessment prior to arraignment to enable the judge to consider the suitability of the child for diversion. If a child chooses to request a continuance for the purpose of such an assessment, the child shall notify the judge prior to arraignment. Upon receipt of such notification, the judge may grant a 14-day continuance. Said assessment may be conducted by the personnel of a program. If a case is continued under this subsection, the child shall not be arraigned and an entry shall not be made into the criminal offender record information system until a judge issues an order to resume the ordinary processing of a delinquency proceeding.
(c)(1) After the completion of the assessment, the director of a program to which the child has been referred shall submit to the court and to the counsel of the child a recommendation as to whether the child would benefit from diversion to the program.
The judge, upon receipt of the recommendation, shall provide an opportunity for both the prosecution and counsel for the child to be heard regarding the diversion of the child. The judge shall then make a final determination as to the eligibility of the child for diversion. The proceedings of a child who is found eligible for diversion under subsection (a) shall be stayed for a period of 90 days, unless the judge determines that the interest of justice would best be served by a lesser period of time or unless extended under subsection (f).
(2) A stay of proceedings shall not be granted under this section unless the child consents in writing to the terms and conditions of the stay of proceedings and knowingly executes a waiver of the child’s right to a speedy trial on a form approved by the chief justice of the juvenile court department. Consent shall be given only upon the advice of counsel.
(3) The following shall not be admissible against the child in any proceedings: (i) a request for assessment; (ii) a decision by the child not to enter a program; (iii) a determination by a program that the child would not benefit from diversion; and (iv) any statement made by the child during the course of assessment. Any consent by the child to the stay of proceedings or any act done or statement made in fulfillment of the terms and conditions of the stay of proceedings shall not be admissible as an admission, implied or otherwise, against the child should the stay of proceedings be terminated and proceedings resumed on the original complaint. A statement or other disclosure or records thereof made by a child during the course of assessment or during the stay of proceedings shall not be disclosed at any time to a prosecutor or other law enforcement officer in connection with the investigation, or prosecution of any charge or charges against the child or any co-defendant.
(4) If a child is found eligible for diversion under this section, the child shall not be arraigned and an entry shall not be made into the criminal offender record information system until a judge issues an order to resume the ordinary processing of a delinquency proceeding. If a child is found eligible under this section, this eligibility shall not be considered an issuance of a criminal complaint for the purposes of section 37H½ of chapter 71.
(d) A district attorney may divert any child to a program, either before or after the assessment procedure set forth in subsection (b), with or without the permission of the court and without regard to the limitations in subsection (g). A district attorney who diverts a case pursuant to this subsection may request a report from a program regarding the child’s status in and completion of the program.
(e) If, during the stay of proceedings, the child is charged with a subsequent offense, a judge in the court that entered the stay of proceedings may issue such process as is necessary to bring the child before the court. When the child is brought before the court, the judge shall afford the child an opportunity to be heard. If the judge finds probable cause to believe that the child has committed a subsequent offense, the judge may order, when appropriate, that the stay of proceedings be terminated and that the commonwealth be permitted to proceed on the original complaint as provided by law.
(f)(1) Upon the expiration of the initial 90-day stay of proceedings, the program director shall submit to the court a report indicating the successful completion of the program by the child or recommending an extension of the stay of proceedings for not more than an additional 90 days so that the child may complete the diversion program successfully.
(2) If the program director indicates the successful completion of diversion by a child, the judge may dismiss the original complaint pending against the child. If the report recommends an extension of the stay of proceedings, the judge may, on the basis of the report and any other relevant evidence, take such action as the judge deems appropriate, including the dismissal of the complaint, the granting of an extension of the stay of proceedings or the resumption of proceedings.
(3) If the conditions of diversion have not been met, the child’s attorney shall be notified prior to the termination of the child from diversion and the judge may grant an extension to the stay of proceedings if the child provides good cause for failing to comply with the conditions of diversion.
(4) If the judge dismisses a complaint under this subsection, the court shall, unless the child objects, enter an order directing expungement of any records of the complaint and related proceedings maintained by the clerk, the court, the department of criminal justice information services and the court activity record index.
(g) A child otherwise eligible for diversion under this section shall not be eligible if indicted as a youthful offender or charged with a violation of 1 or more of the offenses enumerated in section 70C of chapter 277 other than an offense under the following: (i) subsection (a) of section 13A of chapter 265; (ii) sections 13J and 13M of chapter 265; (iii) sections 13A and 13C of chapter 268; and (iv) sections 1, 16, 28, 29, 29A and 29B of chapter 272.
SECTION 71. Section 58 of said chapter 119, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 73, the words “his eighteenth birthday” and inserting in place thereof the following words:- the age of criminal majority.
SECTION 72. Said section 58 of said chapter 119, as so appearing, is hereby further amended by striking out, in line 79, the words “his eighteenth birthday” and inserting in place thereof the following words:- attaining the age of criminal majority.
SECTION 73. Section 60A of said chapter 119, as so appearing, is hereby amended by striking out, in line 17, the words “his fourteenth and eighteenth birthdays” and inserting in place thereof the following words:- the age of 14 and the age of criminal majority.
SECTION 74. Said section 60A of said chapter 119, as so appearing, is hereby further amended by striking out, in line 20, the words “been age 18 or older” and inserting in place thereof the following words:- attained the age of criminal majority.
SECTION 75. Said section 60A of said chapter 119, as so appearing, is hereby further amended by striking out, in line 22, the words “were age 18 or older” and inserting in place thereof the following words:- had attained the age of criminal majority.
SECTION 76. Section 62 of said chapter 119 is hereby repealed.
SECTION 77. Section 63A of said chapter 119, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 1, the words “is 19 years of age or older” and inserting in place thereof the following words:- has attained the age of criminal majority.
SECTION 78. Said section 63A of said chapter 119, as so appearing, is hereby amended by striking out, line 2, the figure “18” and inserting in place thereof the following words:- criminal majority.
SECTION 79. Section 65 of said chapter 119, as so appearing, is hereby amended by striking out, in line 2, the words “18 years of age” and inserting in place thereof the following words:- the age of criminal majority.
SECTION 80. Section 66 of said chapter 119, as so appearing, is hereby amended by striking out, in lines 3 and 5, the words “18 years of age” and inserting in place thereof, in each instance, the following words:- the age of criminal majority.
SECTION 81. Said chapter 119, as so appearing, is hereby amended by striking out section 67 and inserting in place thereof the following section:-
Section 67. (a) Whenever a child between the age of 12 and the age of criminal majority is arrested with or without a warrant, as provided by law, and the court or courts having jurisdiction over the offense are not in session, the officer in charge shall immediately notify at least one of the child’s parents, or, if there is no parent, the guardian or custodian with whom the child resides, or the department of children and families if the child is in the custody and care of the department. Pending such notice, such child shall be detained under subsection (c).
(b) Upon the acceptance by the officer in charge of said police station or town lockup of the written promise of said parent, guardian, custodian or representative of the department of children and families to be responsible for the presence of the child in court at the time and place when the child is ordered to appear, the child shall be released to said person giving such promise; provided, however, that if the arresting officer requests in writing that a child between the age 14 and the age of criminal majority be detained, and if the court issuing a warrant for the arrest of a child between the age of 14 and the age of criminal majority directs in the warrant that such child shall be held in safekeeping pending his appearance in court, the child shall be detained in a police station or town lockup, or a place of temporary custody commonly referred to as a detention home of the department of youth services, or any other home approved by the department of youth services pending the child’s appearance in court; provided further, that in the event any child is so detained, the officer in charge of the police station or town lockup shall notify the parents, guardian, custodian or representative of the department of children and families of the detention of the child. If a child is detained overnight, the child shall receive a bail hearing in accordance with section 59 of chapter 276, if applicable.
(c) No child between the age of 14 and the age of criminal majority shall be detained in a police station or town lockup under (a) or (b) unless the detention facilities for children at such police station or town lockup have received the approval in writing of the commissioner of youth services. The department of youth services shall make inspection at least annually of police stations and town lockups wherein children are detained. If no such approved detention facility exists in any city or town, the city or town may contract with an adjacent city or town for the use of approved detention facilities in order to prevent children who are detained from coming in contact with adult prisoners. A separate and distinct place shall be provided in police stations, town lockups or places of detention for such children. Nothing in this section shall permit a child between 14 and the age of criminal majority to be detained in a jail or house of correction.
(d) When a child is arrested who is in the care and custody of the department of children and families, the officer in charge of the police station or town lockup where the child has been taken shall immediately contact the department’s emergency hotline and notify the on-call worker of the child’s arrest. The on-call worker shall notify the social worker assigned to the child’s case who shall make arrangement for the child’s release as soon as practicable if it has been determined that the child will not be detained.
SECTION 82. Section 68 of said chapter 119, as so appearing, is hereby further amended by striking out, in lines 1 and 34, the word “seven” and inserting in place thereof, in each instance, the following figure:- 12.
SECTION 83. Said section 68 of said chapter 119, as so appearing, is hereby further amended by striking out, in lines 2 and 52, the figure “18” and inserting in place thereof, in each instance, the following words:- criminal majority.
SECTION 84. Said section 68 of said chapter 119, as so appearing, is hereby further amended by striking out, in line 3, the words “if unable to furnish bail” and inserting in place thereof the following words:- if detained pretrial pursuant to paragraph (3) of subsection (e) of section 58 of chapter 276.
SECTION 85. Said section 68 of said chapter 119, as so appearing, is hereby further amended by striking out, in line 34, the words “and 18 years of age” and inserting in place thereof the following words:- years of age and the age of criminal majority.
SECTION 86. Section 68A of said chapter 119, as so appearing, is hereby amended by striking out, in line 1, the words “seven and 18 years of age” and inserting in place thereof the following words:- 12 years of age and the age of criminal majority.
SECTION 87. Section 70 of said chapter 119, as so appearing, is hereby amended by striking out, in line 2, the words “18 years of age” and inserting in place thereof the following words:- the age of criminal majority.
SECTION 88. Section 72 of said chapter 119, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “their eighteenth birthday” and inserting in place thereof the following words:- the age of criminal majority.
SECTION 89. Said section 72 of said chapter 119, as so appearing, is hereby further amended by striking out, in lines 10 to 13, inclusive, the words “his eighteenth birthday, and is not apprehended until between such child’s eighteenth and nineteenth birthday, the court shall deal with such child in the same manner as if he has not attained his eighteenth birthday” and inserting in place thereof the following words:- attaining the age of criminal majority and is not apprehended until between the birthday at which the child attained the age of criminal majority and the child’s subsequent birthday, the court shall deal with the child in the same manner as if the child had not attained the age of criminal majority.
SECTION 90. Said section 72 of said chapter 119, as so appearing, is hereby further amended by striking out, in line 18, the words “their eighteenth birthday” and inserting in place thereof the following words:- the age of criminal majority.
SECTION 91. Section 72A of chapter 119, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “his eighteenth birthday, and is not apprehended until after his nineteenth birthday, the” and inserting in place thereof the following words:- attaining the age of criminal majority, and is not apprehended until after attaining the first birthday following the birthday at which the person attained the age of criminal majority, the.
SECTION 92. Section 72B of said chapter 119, as so appearing, is hereby amended by striking out, in lines 2 and 3 and 7 and 8, the words “his eighteenth birthday” and inserting in place thereof, in each instance, the following words:- the person attains the age of criminal majority.
SECTION 93. Said section 72B of said chapter 119, as so appearing, is hereby further amended by striking out, in line 25, the words “his eighteenth birthday” and inserting in place thereof the following words:- the age of criminal majority.
SECTION 94. Said section 72B of said chapter 119, as so appearing, is hereby further amended by striking out, in line 31, the words “his eighteenth birthday” and inserting in place thereof the following words:- attaining the age of criminal majority.
SECTION 95. Section 74 of said chapter 119, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “his eighteenth birthday” and inserting in place thereof the following words:- the person attaining the age of criminal majority.
SECTION 96. Said section 74 of said chapter 119, as so appearing, is hereby further amended by striking out, in line 10, the words “sixteen and 18 years of age” and inserting in place thereof the following words:- 16 years of age and the age of criminal majority.
SECTION 97. Said section 74 of said chapter 119, as so appearing, is hereby further amended by striking out, in line 14, the figure “18” and inserting in place thereof the following words:- criminal majority.
SECTION 98. Section 84 of said chapter 119, as so appearing, is hereby amended by striking out, in lines 12 and 13, the word “seven and eighteen (or nineteen)” and inserting in place thereof the following figure:- 12 and 19 (or 20).
SECTION 99. Said chapter 119 is hereby further amended by adding the following 2 sections:-
Section 86. (a) For the purposes of this section and section 87, the following words shall have the following meanings unless the context clearly requires otherwise:
“Juvenile”, a person appearing before a division of the juvenile court department who is subject to a delinquency, child requiring assistance or care and protection case or a person under the age of 21 in a youthful offender case.
“Restraints”, devices that limit voluntary physical movement of an individual, including leg irons and shackles, which have been approved by the trial court department.
(b) A juvenile shall not be placed in restraints during court proceedings and any restraints shall be removed prior to the appearance of a juvenile before the court at any stage of a proceeding unless the justice presiding in the courtroom issues an order and makes specific findings on the record that: (i) restraints are necessary because there is reason to believe that a juvenile presents an immediate and credible risk of escape that cannot be curtailed by other means; (ii) a juvenile poses a threat to the juvenile’s own safety or to the safety of others; or (iii) restraints are reasonably necessary to maintain order in the courtroom.
(c) The court officer charged with custody of a juvenile shall report any security concern to the presiding justice. On the issue of courtroom or courthouse security, the presiding justice may receive information from the court officer charged with custody of a juvenile, a probation officer or any other source determined by the court to be credible.
The authority to use restraints shall reside solely within the discretion of the presiding justice at the time that a juvenile appears before the court. A juvenile court justice shall not impose a blanket policy to maintain restraints on all juveniles or a specific category of juveniles who appear before the court.
Section 87. A child against whom a complaint is brought under this chapter may participate in a community-based restorative justice program pursuant to the requirements of chapter 276B.
SECTION 100. Section 16 of chapter 119A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “obligor”, in line 44, the following words:- ; provided, however, that the IV-D agency has no evidence of the obligor residing at an address other than the address last known by the IV-D agency; provided further, that the IV-D agency shall not notify a licensing authority unless the child support arrearage exceeds an amount equal to 8 weeks obligation or $500, whichever is greater.
SECTION 101. Chapter 120 of the General Laws is hereby amended by inserting after section 10 the following section:-
Section 10B. A person detained by and committed to the department of youth services shall not be placed in involuntary room confinement as a consequence for noncompliance, punishment or harassment or in retaliation for any conduct.
SECTION 102. Section 15 of said chapter 120, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 3 and line 4, the figure “18” and inserting in place thereof, in each instance, the following words:- the age of criminal majority.
SECTION 103. Section 21 of said chapter 120, as so appearing, is hereby amended by striking out, in line 17, the words “seven and 18 years of age” and inserting in place thereof the following words:- 7 years of age and the age of criminal majority.
SECTION 104. Section 1 of chapter 127 of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Commissioner” the following 2 definitions:
“Disciplinary restrictive housing”, a placement in restrictive housing in a state correctional facility for disciplinary purposes after a finding has been made that the prisoner has committed a breach of discipline.
“Exigent circumstances”, circumstances that create an unacceptable risk to the safety of any person.
SECTION 105. Said section 1 of said chapter 127, as so appearing, is hereby further amended by inserting after the definition of “Parole board” the following definition:-
“Placement review”, a multidisciplinary examination to determine whether, notwithstanding any previous finding of a disciplinary breach or exigent circumstances or other circumstances supporting a placement in restrictive housing, restrictive housing is still necessary to reasonably manage risks of harm.
SECTION 106. Said section 1 of said chapter 127, as so appearing, is hereby further amended by inserting after the definition of “Residential treatment unit” the following definition:-
“Restrictive Housing”, a housing placement where a prisoner is confined to a cell for over 22 hours per day; provided, however, that mental health watch shall not be considered restrictive housing.
SECTION 107. Section 4 of said chapter 127 is hereby repealed.
SECTION 108. Section 28 of said chapter 127, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 4, the word “twenty-three” and inserting in place thereof the following words:- 23, a record of the fingerprint-based state identification number.
SECTION 109. Said chapter 127 is hereby amended by striking out sections 39 and 39A, as so appearing, and inserting in place thereof the following 8 sections:
Section 39. (a) Subject to the limits of this section and section 39A, the superintendent of a state correctional facility or the administrator of a county correctional facility may authorize the confinement of a prisoner in a restrictive housing unit to discipline the prisoner or if the prisoner’s retention in general population poses an unacceptable risk: (i) to the safety of others; (ii) of damage or destruction of property; or (iii) to the operation of a correctional facility.
(b) In addition to meeting all standards defined by the department of public health, restrictive housing units shall provide: (i) meals that meet the same standards defined by the commissioner as for general population prisoners; (ii) access to showers not less than 3 days per week; (iii) rights of visitation and communication by those properly authorized; provided, however, that the authorization may be diminished for the enforcement of discipline for a period not to exceed 15 days in a state correctional facility or 10 days in a county correctional facility for any given offense; (iv) access to reading and writing materials unless clinically contraindicated; (v) access to a radio or television if confinement exceeds 30 days; (vi) periodic mental and psychiatric examinations under the supervision of the department of mental health; (vii) medical and psychiatric treatment that may be clinically indicated under the supervision of the department of mental health; (viii) the same access to canteen purchases and privileges to retain property in a prisoner’s cell as prisoners in the general population at the same facility; provided, however, that such access and privileges may be diminished for the enforcement of discipline for a period not to exceed 15 days in a state correctional facility or 10 days in a county correctional facility for any given offense or where inconsistent with the security of the unit; (ix) the same access to disability accommodations as prisoners in general population, except where inconsistent with the security of the unit; and (x) other rights and privileges as may be established or recognized by the commissioner.
(c) Before placement in restrictive housing, a prisoner shall be screened by a qualified mental health professional to determine whether the prisoner has a serious mental illness or restrictive housing is otherwise clinically contraindicated based on clinical standards adopted by the department of correction and clinical judgment.
(d) A qualified mental health professional shall make rounds in every restrictive housing unit and may conduct an out-of-cell meeting with a prisoner for whom a confidential meeting is warranted in the clinician’s professional judgment. Prisoners shall be evaluated by a qualified mental health professional in accordance with clinical standards adopted by the department of correction and clinical judgment to determine whether the prisoner has a serious mental illness or restrictive housing is otherwise clinically contraindicated.
Section 39A. (a) A prisoner shall not be held in restrictive housing if the prisoner has a serious mental illness or a finding has been made, pursuant to subsections (c) or (d) of section 39 or otherwise, that restrictive housing is clinically contraindicated unless, not later than 72 hours after the finding, the commissioner, the sheriff or a designee of the commissioner or sheriff certifies in writing: (i) the reason why the prisoner may not be safely held in the general population; (ii) that there is no available placement in a secure treatment unit; (iii) efforts that are being undertaken to find appropriate housing and the status of the efforts; and (iv) the anticipated time frame for resolution. A copy of the written certification shall be provided to the prisoner. A prisoner in restrictive housing shall be offered mental health treatment in accordance with clinical standards adopted by the department.
(b) If a prisoner needs to be separated from general population to protect the prisoner from harm by others, the prisoner shall not be placed in restrictive housing, but shall be placed in a housing unit that provides approximately the same conditions, privileges, amenities and opportunities as in general population; provided, however, that the prisoner may be placed in restrictive housing for not more than 72 hours while suitable housing is located. A prisoner shall not be held in restrictive housing to protect the prisoner from harm by others for more than 72 hours unless the commissioner, the sheriff or a designee of the commissioner or sheriff certifies in writing: (i) the reason why the prisoner may not be safely held in the general population; (ii) that there is no available placement in a unit comparable to general population; (iii) efforts that are being undertaken to find appropriate housing and the status of the efforts; and (iv) the anticipated time frame for resolution. A copy of the written certification shall be provided to the prisoner.
(c) A prisoner who is or is perceived to be lesbian, gay, bisexual, transgender, queer or intersex or has or is perceived to have a gender identity or expression or sexual orientation uncommon in general population shall not be grounds for placement in restrictive housing.
(d) A prisoner shall not be confined to restrictive housing except pursuant to section 39 or this section.
Section 39B. (a) All prisoners confined to restrictive housing shall receive placement reviews at the following intervals and may receive them more frequently:
(i) If a prisoner is being held pursuant to subsection (a) of section 39A, every 72 hours;
(ii) If a prisoner is being held pursuant to subsection (b) of section 39A, every 72 hours;
(iii) If a prisoner is awaiting adjudication of an alleged disciplinary breach, every 15 days;
(iv) If a prisoner has been committed to disciplinary restrictive housing, every 6 months; and
(v) If a prisoner is being held for any other reason, every 90 days.
(b) After a placement review, the prisoner shall be retained in restrictive housing only if the prisoner is determined to pose an unacceptable risk as provided in subsection (a) of section 39 or if the commissioner, the sheriff or a designee of the commissioner or sheriff re-certifies, in writing, the findings required by subsections (a) or (b) of section 39A.
(c) If a prisoner’s placement in restrictive housing may reasonably be expected to last more than 60 days, the prisoner shall: (i) have 24 hours written notice of placement reviews; (ii) have the opportunity to participate in reviews in person or in writing; (iii) upon review, if no placement change is ordered, be provided a written statement as to the evidence relied on and the reasons for the placement decision; and (iv) not more than 15 days after the initial placement and upon placement review, if no placement change is ordered, be advised as to behavior standards and program participation goals that will increase the prisoner’s chances of a less restrictive placement upon next placement review.
(d) A prisoner who is committed to a secure treatment unit following an allegation or finding of a disciplinary breach shall receive placement reviews at intervals not less than as frequently as if the prisoner were confined to restrictive housing.
(e) The commissioner shall promulgate regulations to define standards and procedures to maximize out-of-cell activities in restrictive housing and to maximize outplacements from restrictive housing consistent with the safety of all persons.
Section 39C. The commissioner, after consultation with the sheriffs, shall promulgate regulations governing the training and qualifications of correction officers, supervisors and managers deployed to restrictive housing.
Section 39D. (a) The commissioner shall publish monthly the number of prisoners held in each restrictive housing unit within each state and county correctional facility.
(b) The commissioner shall publish quarterly as to each restrictive housing unit within each state or county correctional facility: (i) the number of prisoners as to whom a finding of serious mental illness has been made and the number of such prisoners held more than 30 days; (ii) the number of prisoners who have committed suicide or committed non-lethal acts of self-harm; (iii) the number of prisoners according to the reason for their restrictive housing; (iv) as to prisoners in disciplinary restrictive housing, a listing of prisoners with names redacted, including an anonymized identification number that shall be consistent across reports, age, race, gender and ethnicity, whether the prisoner has an open mental health case, the date of the prisoner’s commitment to discipline, the length of the prisoner’s term and a summary of the reason for the prisoner’s commitment; (v) the count of prisoners released to the community directly or within 30 days of release from restrictive housing; and (vi) such additional information as the commissioner may determine.
(c) The administrators of county correctional facilities shall furnish to the commissioner all information that the commissioner deems necessary to support reporting under this section.
Section 39E. Prisoners held in restrictive housing for a period of more than 60 days shall have access to vocational, educational and rehabilitative programs to the extent consistent with the safety and security of the unit and shall receive good time for participation at the same rates as the general population.
Section 39F. The commissioner may promulgate regulations to implement sections 39 to 39F, inclusive.
SECTION 110. Sections 40 and 41 of said chapter 127 are hereby repealed.
SECTION 111. Said chapter 127 is hereby further amended by inserting after section 119 the following section:-
Section 119A. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Conditional medical parole plan”, a comprehensive written medical and psychosocial care plan that is specific to the prisoner and includes the proposed course of treatment and post-treatment care.
“Department”, the department of correction.
“Permanent incapacitation”, a physical or cognitive incapacitation that appears irreversible, as determined by a licensed physician, and that is so debilitating that the prisoner does not pose a public safety risk.
“Secretary”, the secretary of the executive office of public safety and security.
“Terminal illness”, a condition that appears incurable, as determined by a licensed physician, that will likely cause the death of the prisoner in not more than 18 months and that is so debilitating that the prisoner does not pose a public safety risk.
(b) Notwithstanding any general or special law to the contrary, a prisoner may be eligible for conditional medical parole due to a terminal illness or permanent incapacitation pursuant to subsections (c) and (d).
(c)(1)The superintendent of a correctional facility shall consider a prisoner for conditional medical parole upon a written petition by the prisoner, the prisoner’s attorney, the prisoner’s next of kin, the commissioner’s medical provider or a member of the department’s staff. The superintendent shall review the petition and develop a recommendation as to the release of the prisoner. Whether or not the superintendent recommends in favor of conditional medical parole, the superintendent shall, not more than 21 days after receipt of the petition, transmit the petition and the recommendation to the commissioner. The superintendent shall submit with the recommendation: (i) a conditional medical parole plan; (ii) a written diagnosis by a physician licensed to practice medicine under section 2 of chapter 112; and (iii) an assessment of the risk for violence that the prisoner poses to society.
(2) Upon receipt of the petition and recommendation under paragraph (1), the commissioner shall notify, in writing, the district attorney, the prisoner, the person who requested the release, if not the prisoner, and, if applicable under chapter 258B, the victim or the victim’s family that the prisoner is being considered for conditional medical parole. The parties who receive the notice shall have an opportunity to provide written statements; provided, however, that if the prisoner was convicted and is serving a sentence under section 1 of chapter 265, the district attorney or victim’s family may request a hearing.
(d)(1) A sheriff shall consider a prisoner for conditional medical parole upon a written petition filed by the prisoner, the prisoner’s attorney, the prisoner’s next of kin, the sheriff’s medical provider or a member of the sheriff’s staff. The sheriff shall review the request and develop a recommendation as to the release of the prisoner. Whether or not the sheriff recommends in favor of conditional medical parole, the sheriff shall, not more than 21 days after receipt of the petition, transmit with the petition and the recommendation to the commissioner. The sheriff shall transmit with the petition: (i) a conditional medical parole plan; (ii) a written diagnosis by a physician licensed to practice medicine under section 2 of chapter 112; and (iii) an assessment of the risk for violence that the prisoner poses to society.
(2) Upon receipt of the petition and recommendation under paragraph (1), the commissioner shall notify, in writing, the district attorney, the prisoner, the person who requested the release, if not the prisoner and, if applicable under chapter 258B, the victim or the victim’s family that the prisoner is being considered for conditional medical parole. The parties who receive the notice shall have an opportunity to submit written statements.
(e) The commissioner shall issue a written decision not later than 45 days after receipt of a petition, which shall be accompanied by a statement of reasons for the commissioner’s decision. If the commissioner determines that a prisoner is terminally ill or permanently incapacitated such that if the prisoner is released the prisoner will live and remain at liberty without violating the law and that the release will not be incompatible with the welfare of society, the prisoner shall be released on conditional medical parole. The parole board shall impose terms and conditions for conditional medical parole that shall apply through the date upon which the prisoner’s sentence would have expired.
Not less than 24 hours before the date of a prisoner’s release on conditional medical parole, the commissioner shall notify, in writing, the district attorney, the department of state police, the police department in the city or town in which the prisoner shall reside and, if applicable under chapter 258B, the victim or the victim’s family of the prisoner’s release and the terms and conditions of the release.
(f) A prisoner granted release under this section shall be under the jurisdiction, supervision and control of the parole board, as if the prisoner had been paroled pursuant to section 130 of chapter 127. The parole board may revise, alter or amend the terms and conditions of a conditional medical parole at any time. If a parole officer receives credible information that a prisoner has failed to comply with a condition of the prisoner’s release or upon discovery that the terminal illness or permanent incapacitation has improved to the extent that the prisoner would no longer be eligible for conditional medical parole under this section, the parole officer shall immediately arrest the prisoner and bring the prisoner before the board for a hearing. If the board determines that the prisoner violated a condition of the prisoner’s conditional medical parole or that the terminal illness or permanent incapacitation has improved to the extent that the prisoner would no longer be eligible for conditional medical parole pursuant to this section, the prisoner shall resume serving the balance of the sentence with credit given only for the duration of the prisoner’s conditional medical parole that was served in compliance with all conditions set pursuant to this subsection. Revocation of a prisoner’s conditional medical parole due to a change in the prisoner’s medical condition shall not preclude a prisoner’s eligibility for conditional medical parole in the future or for another form of release permitted by law.
(g) A prisoner or sheriff aggrieved by a decision denying or granting conditional medical parole made under this section may petition for relief pursuant to section 4 of chapter 249. A decision by the court affirming or reversing the commissioner’s grant or denial of conditional medical parole shall not affect a prisoner’s eligibility for any other form of release permitted by law. A decision under this subsection shall not preclude a prisoner’s eligibility for conditional medical parole in the future.
(h) The commissioner and the secretary shall promulgate rules and regulations necessary to implement this section.
(i) The commissioner and the secretary shall file an annual report not later than March 1 with the clerks of the senate and the house of representatives, the senate and house committees on ways and means and the joint committee on the judiciary detailing, for the prior fiscal year: (i) the number of prisoners in the custody of the department or of the sheriffs who applied for conditional medical parole under this section and the race and ethnicity of each applicant; (ii) the number of prisoners who have been granted conditional medical parole and the race and ethnicity of each prisoner; (iii) the nature of the illness of the applicants for conditional medical parole; (iv) the counties to which the prisoners have been released; (v) the number of prisoners who have been denied conditional medical parole, the reason for the denial and the race and ethnicity of each prisoner; (vi) the number of prisoners who have petitioned for conditional medical parole more than once; (vii) the number of prisoners released who have been returned to the custody of the department or the sheriff and the reason for each prisoner’s return; and (viii) the number of petitions for relief sought pursuant to subsection (g).
SECTION 112. Section 130 of said chapter 127, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “that”, in line 47, the following words :- the terms and conditions shall not include payment of a supervision fee; provided further, that.
SECTION 113. Section 133A of said chapter 127, as so appearing, is hereby amended by striking out, in line 5, the words “18 years” and inserting in place thereof the following words:- criminal majority.
SECTION 114. Said section 133A of said chapter 127, as so appearing, is hereby further amended by adding the following paragraph:-
If a prisoner is indigent and is serving a life sentence for an offense that was committed before the prisoner reached the age of criminal majority, the prisoner shall have the right to have appointed counsel at the parole hearing and shall have the right to funds for experts as determined by the standards in chapter 261.
SECTION 115. Section 133C of said chapter 127, as so appearing, is hereby amended by striking out, in line 7, the words “18 years” and inserting in place thereof the following words:- criminal majority.
SECTION 116. Section 144 of said chapter 127, as so appearing, is hereby amended by striking out, in line 3, the words “thirty dollars” and inserting in place thereof the following figure:- $90.
SECTION 117. Said chapter 127 is hereby further amended by striking out section 145, as so appearing, and inserting in place thereof the following section:-
Section 145. (a) A justice of a trial court shall not commit a person to a prison or place of confinement solely for the nonpayment of money owed if the person has shown by a preponderance of the evidence that the person is not able to pay without imposing substantial financial hardship on the person or the person’s family or dependents. A court shall determine if a substantial financial hardship exists at a hearing where it shall consider the person’s employment status, earning ability, financial resources, living expenses and any special circumstances that may affect the person’s ability to pay.
(b) A justice of trial court shall not commit a person to a prison or place of confinement solely for the nonpayment of money owed if the person was not offered counsel for the commitment portion of the case.
(c) A justice of the trial court shall consider alternatives to incarceration before committing a person to a prison or place of confinement solely for nonpayment of a fine or any expenses.
(d) A justice of the trial court shall not commit a person who has not reached the age of criminal majority to a prison, place of confinement or the department of youth services solely for the nonpayment of money.
SECTION 118. Section 10 of chapter 209A of the General Laws, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- The court may reduce or waive the assessment if the court finds that the person is indigent or that payment of the assessment would cause substantial financial hardship to the person or the person’s family or dependents.
SECTION 119. Chapter 211B of the General Laws is hereby amended by adding the following section:-
Section 22. For the purposes of updating the criminal history record, the trial court shall electronically send to the department of state police all criminal case disposition information for the offender, including sealing and expungement orders and dismissals, together with the corresponding offense-based tracking number and fingerprint-based state identification number, to the extent that the offender has been assigned such numbers and the numbers have been provided to the court.
SECTION 120. Section 2A of chapter 211D, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 105, the word “A” and inserting in place thereof the following words:- Except for a person under the age of criminal majority, a.
SECTION 121. Said section 2A of said chapter 211D, as so appearing, is hereby further amended by striking out, in lines 106, 108, 110 and 112, the figure “$150” and inserting in place thereof, in each instance, the following figure:- $100.
SECTION 122. Subsection (f) of said section 2A of said chapter 211D, as amended by section 121, is hereby further amended by striking out, each time it appears, the figure “$100” and inserting in place thereof, in each instance, the following figure:- $50.
SECTION 123. Said section 2A of said chapter 211D, as so appearing, is hereby amended by striking out subsection (f), as so appearing, and inserting in place thereof the following subsection:-
(f) Notwithstanding any general or special law to the contrary, no person determined to be indigent shall be assessed a counsel fee.
SECTION 124. Said section 2A of said chapter 211D is hereby amended by striking out subsection (i), as appearing in section 124, and inserting in place thereof the following subsection:-
(i) The trial court shall submit an annual report to the senate and house committees on ways and means that shall include, but not be limited to: (i) the number of individuals claiming indigency who are determined to be indigent for the purposes of appointment of counsel; (ii) the number of individuals claiming indigency who are determined not to be indigent for the purposes of appointment of counsel; (iii) the total number of times that an indigent but able to contribute counsel fee was collected or waived and the aggregate amount of indigent but able to contribute counsel fees collected and waived; (iv) the average indigent but able to contribute counsel fee that each court division collects; (v) the total number of times that an indigent but able to contribute fee was collected or waived and the aggregate amount of indigent but able to contribute fees collected and waived; and (vi) other pertinent information to ascertain the effectiveness of indigency verification procedures. The information in the report shall be delineated by court division and delineated further by month.
SECTION 125. Section 7 of chapter 212 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the first sentence the following sentence:- An indictment for an offense shall be accompanied by the offense-based tracking number and fingerprint-based state identification number of the defendant when the corresponding charges result from an arrest.
SECTION 126. Section 26 of chapter 218 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 27, the words “two hundred and sixty-eight” and inserting in place thereof the following words:- 268, conspiracy under section 7 of chapter 274, solicitation to commit a felony under section 8 of said chapter 274.
SECTION 126A.Said Section 26 of chapter 218, as so appearing, is hereby further amended by striking out, in lines 26 to 27, the words “intimidation of a witness or juror under section thirteen B” and inserting in place thereof the following words:- section 13B.
SECTION 127. Said chapter 218 is hereby further amended by inserting after section 32 the following section:-
Section 32A. An application for a criminal complaint submitted to the district court by a police department against a person arrested for an offense shall be accompanied by an offense-based tracking number.
An otherwise valid application for a complaint submitted by a police department against a person arrested shall not preclude the issuance of a complaint merely because the application does not include an arrestee’s offense-based tracking number. If a complaint is issued based on an application for a complaint submitted by a police department against a person arrested that did not include the arrestee’s offense-based tracking number, the prosecutor shall submit the offense-based tracking number of the defendant to the court to be included in the case file.
SECTION 128. Section 20 of chapter 233 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out clause Fourth and inserting in place thereof the following clause:-
Fourth, A parent shall not testify against the parent’s minor child and a minor child shall not testify against the child’s parent in a proceeding before an inquest, grand jury, trial of an indictment or complaint or any other criminal, delinquency or youthful offender proceeding in which the victim in the proceeding is not a family member and does not reside in the family household; provided, however, that for the purposes of this clause, “parent” shall mean the biological or adoptive parent, stepparent, foster parent, legal guardian or other person who has the right to act in loco parentis for the child; provided further, that in a case in which the victim is a family member and resides in the family household, the parent shall not testify as to any communication with the minor child that was for the purpose of seeking advice regarding the child’s legal rights.
SECTION 129. Section 13 of chapter 250 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the figure “18” and inserting in place thereof the following words:- criminal majority.
SECTION 130. Section 8 of chapter 258B of the General Laws, as so appearing, is hereby amended by striking out, in lines 38 to 40, inclusive, the words “severe financial hardship upon the person against whom the assessment is imposed” and inserting in place thereof the following words:- substantial financial hardship upon the person against whom the assessment is imposed or upon the person’s family or dependents.
SECTION 131. Section 2 of chapter 258E of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the figure “18” and inserting in place thereof the following words:- criminal majority.
SECTION 132. Chapter 263 of the General Laws is hereby amended by striking out section 1A, as so appearing, and inserting in place thereof the following section:-
Section 1A. Whoever is arrested by virtue of process or is taken into custody by an officer and is charged with the commission of a felony or misdemeanor shall be fingerprinted according to the system of the department of state police and photographed. The fingerprints and photographs shall be immediately forwarded to the department of state police to allow a biometric positive identification. The fingerprint record shall be suitable for comparison and shall include an offense-based tracking number, completed description of the offenses charged and other descriptors as required.
The executive office of public safety and security may audit police departments for compliance with this section.
SECTION 133. Section 1 of chapter 263A of the General Laws, as so appearing, is hereby amended by striking out the definition of “Critical witness” and inserting in place thereof the following definition:-
“Critical witness”, a person who is participating, has participated or is reasonably expected to participate in a criminal investigation, motion hearing, trial, show cause hearing or other criminal proceeding or a proceeding involving an alleged violation of conditions of probation or parole or the commitment of a sexually dangerous person pursuant to chapter 123A or who has received a subpoena requiring such participation and who is, or was, in the judgment of the prosecuting officer, a necessary witness at any of the aforementioned proceedings; provided, however, that “critical witness” shall also include such a person’s relatives, guardians, friends or associates who are or may be endangered by the person’s participation in any of the aforementioned proceedings.
SECTION 134. Section 2 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the words “person’s eighteenth birthday” and inserting in place thereof the following words:- person has attained the age of criminal majority.
SECTION 135. Said chapter 265 is hereby further amended by striking out section 13, as so appearing, and inserting in place thereof the following section:-
Section 13. (a) Except as hereinafter provided, whoever is found guilty of manslaughter shall be punished by imprisonment in the state prison for not more than 20 years or by a imprisonment in a house of correction for not more than 2½ years and a fine of not more than $1,000. Whoever is found guilty of manslaughter while committing a violation of sections 102 to 102C, inclusive, of chapter 266 shall be punished by imprisonment in the state prison for life or for any term of years.
(b) A corporation that is found guilty of manslaughter shall be punished by a fine of not less than $250,000. If a corporation is found guilty under this section, the appropriate commissioner or secretary may debar the corporation under section 29F of chapter 29 for not more than 10 years.
SECTION 136. Said chapter 265 is hereby further amended by striking out section 13B, as so appearing, and inserting in place thereof the following section:-
Section 13B. Whoever is found guilty of indecent assault and battery on a minor under the age of 14 shall be punished by imprisonment in the state prison for not more than 10 years or by imprisonment in a house of correction for not more than 2½ years. A prosecution commenced under this section shall not be continued without a finding or placed on file. In a prosecution under this section, a minor under the age of 14 years shall be deemed incapable of consenting to any conduct of the defendant for which the defendant is being prosecuted unless: (i) the defendant is not more than 2 years older than the minor; or (ii) the defendant is not more than 1 years older than the minor if the minor is under 12 years of age.
SECTION 137. Section 15A of said chapter 265, as so appearing, is hereby amended by striking out, in line 24, the words “18 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority.
SECTION 138. Said section 15A of said chapter 265, as so appearing, is hereby further amended by striking out, in line 46, the words “is 18 years of age or older” and inserting in place thereof the following words:- has attained the age of criminal majority.
SECTION 139. Section 15B of said chapter 265, as so appearing, is hereby amended by striking out, in line 24, the words “18 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority.
SECTION 140. Section 18 of said chapter 265, as so appearing, is hereby amended by striking out, in line 26 and 27, the words “18 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority.
SECTION 141. Section 18B of said chapter 265, as so appearing, is hereby amended by striking out, in lines 43 and 44, the figure “18 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority.
SECTION 142. Section 19 of said chapter 265, as so appearing, is hereby amended by striking out, in lines 23 and 24, the words “18 years of age or over” and inserting in place thereof the following words:-who has attained the age of criminal majority.
SECTION 143. Said chapter 265 is hereby further amended by striking out section 23, as so appearing, and inserting in place thereof the following section:-
Section 23. Whoever has sexual intercourse with a minor under 16 years of age and: (i) the defendant is more than 3 years older than the minor; (ii) the minor is under 15 years of age and the defendant is more than 2 years older than the minor; or (iii) the minor is under 12 years of age and the defendant is more than 1 year older than the minor shall be punished by imprisonment in the state prison for life or for any term of years or, except as otherwise provided, for any term of years in a jail or house of correction; provided, however, that a prosecution commenced under this section shall not be placed on file or continued without a finding.
Notwithstanding section 54 of chapter 119 or any other general or special law to the contrary, in a prosecution under this section in which the defendant is under the age of criminal majority at the time of the offense, the commonwealth shall only proceed by a complaint in juvenile court or in a juvenile session of a district court.
SECTION 144. Section 43 of said chapter 265, as so appearing, is hereby amended by striking out, in lines 56 and 89, the words “18 years of age or over” and inserting in place thereof, in each instance, the following words:- who has attained the age of criminal majority.
SECTION 145. The second paragraph of section 47 of said chapter 265, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The court may waive the fees if an offender establishes that the fees would impose a substantial financial hardship upon the offender or the offender’s family or dependents.
SECTION 146. Section 30 of chapter 266, as so appearing, is hereby amended by striking out, in lines 9, 13 and 14, 77 and 82, the words “two hundred and fifty dollars” and inserting in place thereof, in each instance, the following figure:- $1,500.
SECTION 147. Said section 30 of said chapter 266, as so appearing, is hereby further amended by striking out, in lines 16 to 23, the words “property was stolen from the conveyance of a common carrier or of a person carrying on an express business, shall be punished for the first offence by imprisonment for not less than six months nor more than two and one half years, or by a fine of not less than fifty nor more than six hundred dollars, or both, and for a subsequent offence, by imprisonment for not less than eighteen months nor more than two and one half years, or by a fine of not less than one hundred and fifty nor more than six hundred dollars, or both” and inserting in place thereof the following words:- value of the property stolen is more than $250 but not more than $500, shall be punished by imprisonment in a jail or house of correction for not more than 1 year or by a fine of not more than $500; or, if the value of the property stolen is more than $500 but not more than $1,000, shall be punished by imprisonment in a jail or house of correction for not more than 1 year or by a fine of not more than $1,000; or, if the value of the property stolen is more than $1,000 but not more than $1,500, shall be punished by imprisonment in a jail or house of correction for not more than 1 year or by a fine of not more than $2,500.
SECTION 148. Said section 30 of said chapter 266, as so appearing, is hereby further amended by adding the following paragraph:-
(6) A law enforcement officer may arrest a person without a warrant that the officer has probable cause to believe has committed an offense under this section and the value of the property stolen is more than $250.
SECTION 149. Section 30A of said chapter 266, as so appearing, is hereby amended by striking out, in lines 35 and 42 and in lines 46 and 47, the words “one hundred dollars” and inserting in place thereof, in each instance, the following figure:- $250.
SECTION 150. Section 37A of said chapter 266, as so appearing, is hereby amended by striking out the definition of “Credit card” and inserting in place thereof the following definition:-
“Credit card”, an instrument or device, whether known as a credit card, credit plate or other name, or the code of number used to identify that instrument or device or an account of credit or cash accessed by that instrument or device, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit or by debit from a cash account.
SECTION 151. Section 37B of said chapter 266, as so appearing, is hereby amended by striking out, in lines 24 and 25, 29 and 30, 37 and 38 and 45 and 46, the words “two hundred and fifty dollars” and inserting in place thereof, in each instance, the following figure:- $1,500.
SECTION 152. Said section 37B of said chapter 266, as so appearing, is hereby further amended by striking out, in lines 49 and 50, the words “five hundred dollars” and inserting in place thereof the following figure:- $3,000.
SECTION 153. Said section 37B of said chapter 266, as so appearing, is hereby further amended by striking out the last paragraph and inserting in place thereof the following paragraph:-
A law enforcement officer may arrest any person without a warrant that the officer has probable cause to believe has committed an offense under this section and the value of the property stolen exceeds $250.
SECTION 154. Section 37C of said chapter 266, as so appearing, is hereby amended by striking out, in lines 12, 17 and 23, and in lines 31 and 32, the words “two hundred and fifty dollars” and inserting in place thereof, in each instance, the following figure:- $1,500.
SECTION 155. Said section 37C of said chapter 266, as so appearing, is hereby further amended by striking out, in lines 39 and 40, the words “two thousand dollars” and inserting in place thereof the following figure:- $5,000.
SECTION 156. Said section 37C of said chapter 266, as so appearing, is hereby further amended by striking out the last paragraph and inserting in place thereof the following paragraph:-
A law enforcement officer may arrest any person without warrant that the officer has probable cause to believe has committed an offense under this section and the value of the property stolen exceeds $250.
SECTION 157. Section 60 of said chapter 266, as so appearing, is hereby amended by striking out, in lines 13, 16 and 20, the figure “$250” and inserting in place thereof, in each instance, the following figure:- $1,500.
SECTION 158. Said section 60 of said chapter 266, as so appearing, is hereby further amended by striking out, in line 15, the figure “$1,000” and inserting in place thereof the following figure:- $2,500.
SECTION 159. Said section 60 of said chapter 266, as so appearing, is hereby further amended by adding the following paragraph:-
A law enforcement officer may arrest any person without warrant that the officer has probable cause to believe has committed an offense under this section and the value of the property stolen exceeds $250.
SECTION 160. Section 126A of said chapter 266, as so appearing, is hereby amended by striking out the second paragraph.
SECTION 161. Section 126B of said chapter 266, as so appearing, is hereby amended by striking out the second paragraph.
SECTION 162. Section 127 of said chapter 266, as so appearing, is hereby amended by striking out, in line 13, the words “two hundred and fifty dollars” and inserting in place thereof the following figure:- $1,500.
SECTION 163. Chapter 268 of the General Laws is hereby amended by striking out section 13B, as so appearing, and inserting in place thereof the following section:-
Section 13B. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Investigator”, an individual or group of individuals lawfully authorized by a department or agency of the federal government or any political subdivision thereof or a department or agency of the commonwealth or any political subdivision thereof to conduct or engage in an investigation of, prosecution for, or defense of a violation of the laws of the United States or of the commonwealth in the course of such individual’s or group’s official duties.
“Harass”, to engage in an act directed at a specific person or group of persons that seriously alarms or annoys such person or group of persons and would cause a reasonable person or group of persons to suffer substantial emotional distress including, but not limited to, an act conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including, but not limited to, a device that transfers signs, signals, writing, images, sounds, data or intelligence of any nature, transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photo-optical system including, but not limited to, electronic mail, internet communications, instant messages and facsimile communications.
(b) Whoever willfully, either directly or indirectly: (i) threatens, attempts or causes physical, emotional or economic injury or property damage to; (ii) conveys a gift, offer or promise of anything of value to; or (iii) misleads, intimidates or harasses another person who is a: (A) witness or potential witness; (B) person who is or was aware of information, records, documents or objects that relate to a violation of a criminal law or a violation of conditions of probation, parole, bail or other court order; (C) judge, juror, grand juror, attorney, victim witness advocate, police officer, federal agent, investigator, clerk, court officer, court reporter, court interpreter, probation officer or parole officer; (D) person who is or was attending or a person who had made known an intention to attend a proceeding described in this section; or (E) family member of a person described in this section, with the intent to or with reckless disregard for the fact that it may: (1) impede, obstruct, delay, prevent or otherwise interfere with: (I) a criminal investigation at any stage, a grand jury proceeding, a dangerousness hearing, a motion hearing, a trial or other criminal proceeding of any type or a parole hearing, parole violation proceeding or probation violation proceeding; or (II) an administrative hearing or a probate or family court proceeding, juvenile proceeding, housing proceeding, land proceeding, clerk’s hearing, court-ordered mediation or any other civil proceeding of any type; or (2) punish, harm or otherwise retaliate against any such person described in this section for such person or such person’s family member’s participation in any of the proceedings described in this section, shall be punished by imprisonment in the state prison for not more than 10 years or by imprisonment in the house of correction for not more than 2 ½ years or by a fine of not less than $1,000 or more than $5,000 or by both such fine and imprisonment. If the proceeding in which the misconduct is directed at is the investigation or prosecution of a crime punishable by life imprisonment or the parole of a person convicted of a crime punishable by life imprisonment, such person shall be punished by imprisonment in the state prison for not more than 20 years or by imprisonment in the house of corrections for not more than 2 ½ years or by a fine of not more than $10,000 or by both such fine and imprisonment.
(c) A prosecution under this section may be brought in the county in which the criminal investigation, trial or other proceeding was being conducted or took place or in the county in which the alleged conduct constituting the offense occurred.
SECTION 164. Section 10 of chapter 269 of the General Laws, as so appearing, is hereby amended by striking out, in line 53, the words “18 years of age or older” and inserting in place thereof the following words:- who has attained the age of criminal majority.
SECTION 165. Said section 10 of said chapter 269, as so appearing, is hereby further amended by striking out, in line 55, the words “ages fourteen and 18” and inserting in place thereof the following words:- age 14 and the age of criminal majority.
SECTION 166. Said section 10 of said chapter 269, as so appearing, is hereby further amended by striking out, in lines 223 and 255, the words “18 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority.
SECTION 167. Section 10E of said chapter 269, as so appearing, is hereby amended by striking out, in lines 40 and 41, the words “18 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority.
SECTION 168. Said section 10E of said chapter 269, as so appearing, is hereby further amended by striking out, in line 42, the figure “18” and inserting in place thereof the following words:- the age of criminal majority.
SECTION 169. Section 10F of said chapter 269, as so appearing, is hereby amended by striking out, in lines 4 and 28, the words “18 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority.
SECTION 170. Said section 10F of said chapter 269, as so appearing, is hereby further amended by striking out, in line 32, the figure “18”and inserting in place thereof the following words:- criminal majority.
SECTION 171. Said section 10F of said chapter 269, as so appearing, is hereby further amended by striking out, in line 50, the words “17 years of age” and inserting in place thereof the following words:- who has attained the age of criminal majority
SECTION 172. Section 10G of said chapter 269, as so appearing, is hereby amended by striking out, in lines 34 and 35, the words “18 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority.
SECTION 173. Section 4 of chapter 272 of the General Laws is hereby repealed.
SECTION 174. Said chapter 272 is hereby further amended by striking out section 40, as appearing in the 2016 Official Edition, and inserting in place thereof the following section:-
Section 40. Whoever willfully interrupts or disturbs an assembly of people meeting for a lawful purpose shall be punished by imprisonment for not more than 1 month or by a fine of not more than $50; provided, however, that an elementary or secondary school student shall not be charged, adjudicated delinquent or convicted for an alleged violation of this section for such conduct within school buildings or on school grounds or in the course of school-related events.
SECTION 175. Section 53 of said chapter 272, as so appearing, is hereby amended by striking out subsection(b) and inserting in place thereof the following subsection:-
(b) Disorderly persons and disturbers of the peace shall, for a first offense, be punished by a fine of not more than $150; provided, however, that no such person who violates this subsection shall have a finding of delinquency entered against that person for a first offense. For a second or subsequent offense, disorderly persons and disturbers of the peace shall be punished by imprisonment in a jail or house of correction for not more than 6 months or by a fine of not more than $200 or by both such fine and imprisonment; provided, however, that an elementary or secondary school student shall not be charged, adjudicated delinquent or convicted for an alleged violation of this subsection for such conduct within school buildings or on school grounds or in the course of school-related events.
SECTION 176. Section 6 of chapter 274 of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 to 3, inclusive, the words “by doing any act toward its commission, but fails in its perpetration, or is intercepted or prevented in its perpetration,” and inserting in place thereof the following:- as defined in section 6A.
SECTION 177. Said chapter 274 is hereby further amended by inserting after section 6 the following section:-
Section 6A. (a) A person shall be guilty of an attempt to commit a crime if, acting with the intent otherwise required for commission of the crime, such person:
(i) purposely engages in conduct that would constitute the crime if the attendant circumstances were as the person believes them to be;
(ii) when causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing or with the belief that it will cause such result without further conduct on the person’s part; or
(iii) purposely does or omits to do anything that, under the circumstances as the person believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in that person’s commission of the crime.
(b) Conduct shall not be held to constitute a substantial step under clause (iii) of subsection (a) unless it is strongly corroborative of the actor’s criminal purpose.
(c) A person who engages in conduct designed to aid another to commit a crime that would establish such person’s complicity if the crime were committed by such other person, shall be guilty of an attempt to commit a crime whether or not the crime is committed or attempted by such other person.
(d) When the actor’s conduct would otherwise constitute an attempt under clause (ii) or (iii) of subsection (a), it shall be an affirmative defense that the actor abandoned the effort to commit the crime or otherwise prevented its commission under circumstances which clearly demonstrate a complete and voluntary renunciation of the actor’s criminal purpose. The establishment of such a defense shall not affect the liability of an accomplice who did not join in such abandonment or prevention.
Renunciation of criminal purpose shall not be deemed voluntary if it is motivated, in whole or in part, by circumstances not present or apparent at the inception of the actor’s course of conduct, that increase the probability of detection or apprehension or that make more difficult the accomplishment of the criminal purpose. Renunciation shall not be complete if it is motivated by a decision to postpone the criminal conduct until a more advantageous time or to transfer the criminal effort to another but similar objective or victim.
SECTION 178. Said chapter 274 is hereby further amended by adding the following section:-
Section 8. Whoever solicits, counsels, advises or otherwise entices another to commit a crime that may be punished by imprisonment in the state prison and who intends that the person, in fact, commit or procure the commission of the crime alleged shall, except as otherwise provided, be punished:
(i) by imprisonment in the state prison for not more than 20 years or in a jail or house of correction for not more than 2½ half years or by a fine of not more than $10,000 or by both such fine and imprisonment if the intent of the solicitation, counsel, advice or enticement is a crime punishable by imprisonment for life;
(ii) by imprisonment in the state prison for not more than 10 years or in a jail or house of correction for not more than 2½ years or by a fine of not more than $10,000 or by both such fine and imprisonment if the intent of the solicitation, counsel, advice or enticement is a crime punishable by imprisonment in the state prison for at least 10 years but not punishable by imprisonment for life;
(iii) by imprisonment in the state prison for not more than 5 years or in a jail or house of correction for not more than 2½ years or by a fine of not more than $5,000 or by both such fine and imprisonment if the intent of the solicitation, counsel, advice or enticement is a crime punishable by imprisonment in the state prison for at least 5 years but not more than 10 years; or
(iv) by imprisonment for not more 2½ years in a jail or house of correction or by a fine of not more than $2,000 or by both such fine and imprisonment if the intent of the solicitation, counsel, advice or enticement is a crime punishable by imprisonment in the state prison for less than 5 years.
If a person is convicted of a crime of solicitation, counsel, advice or enticement for which crime the penalty for solicitation, counsel, advice or enticement is expressly set forth, in any other General Law, this section shall not apply and the penalty therefor shall be imposed pursuant to the other General Law.
SECTION 179. Section 30 of chapter 276 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 5 and 6, the words “upon a finding of good cause by the court the fee may be waived” and inserting in place thereof the following words:- the court may waive the fee upon a finding of good cause or upon a finding that such fee would impose a substantial financial hardship on the person or the person’s family or dependents.
SECTION 180. Said section 30 of said chapter 276, as so appearing, is hereby further amended by striking out, in line 11, the words “such person is indigent” and inserting in place thereof the following words:- the fee would impose a substantial financial hardship on the person or the person’s family or dependents.
SECTION 181. Section 42A of said chapter 276, as so appearing, is hereby amended by striking out the first 6 paragraphs and inserting in place thereof the following paragraph:-
As part of the disposition of a criminal complaint involving a crime of abuse as defined in section 57, the court may establish such terms and conditions of probation as will insure the safety of the person who has suffered such abuse or threat thereof and will prevent the recurrence of such abuse or the threat thereof.
SECTION 182. Said chapter 276 is hereby further amended by striking out sections 57 to 59, inclusive, as so appearing, and inserting in place thereof the following 8 sections:-
Section 57. (a) The following words, as used in section 42A and sections 57 to 59, inclusive, shall have the following meanings unless the context clearly requires otherwise:
“Bail commissioner”, a person other than a statutorily-authorized magistrate or an assistant clerk of the superior court department appointed by the trial court of the commonwealth to admit to bail outside of court hours.
“Bail magistrate”, a clerk magistrate or assistant clerk magistrate of the district court department, Boston municipal court department, juvenile court department or housing court department or a clerk of court of the superior court department or an assistant clerk of the superior court department who has been approved by the trial court of the commonwealth to admit people to bail.
“Controlled substance”, the same meaning as ascribed to it in section 1 of chapter 94C; “Crime of abuse”, a crime or complaint that involves the infliction, or the imminent threat of infliction, of physical harm upon a person by such person’s family or household member as defined in section 1 of chapter 209A, which may include assault and battery, trespass and threat to commit a crime or any violation of an order issued pursuant to section 18, 34B or 34C of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 or 20 of chapter 209C or any act that would constitute abuse as defined in said section 1 of said chapter 209A or a violation of section 13M or 15D of chapter 265;
“Dangerous crime”, (i) a felony offense that has as an element of the offense, the use, attempted use or threatened use of physical force against the person of another; (ii) burglary and arson; (iii) any other felony that, by its nature, involves a substantial risk that physical force against the person of another may result; (iv) a violation of an order pursuant to section 18, 34B or 34C of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 or 20 of chapter 209C; (v) a misdemeanor or felony involving abuse as defined in section 1 of said chapter 209A; (vi) a violation of section 13B of chapter 268; (vii) a third or subsequent violation of section 24 of chapter 90; (viii) a violent crime as defined in section 121 of chapter 140 for which a term of imprisonment may be served; (ix) a second or subsequent offense of felony possession of a weapon or machine gun as defined in said section 121 of said chapter 140; (x) a violation of subsection (a), (c) or (m) of section 10 of chapter 269, except for a violation based on possession of a large capacity feeding device without simultaneous possession of a large capacity weapon; and (xii) a violation of section 10G of chapter 269.
“Financial condition”, a secured or unsecured bond.
“Judicial officer”, a judge or a clerk or assistant clerk of the superior, district, Boston municipal, juvenile, probate and family or housing court.
“Personal surety”, a person who agrees, to the satisfaction of the judicial officer, to ensure the appearance of a juvenile defendant.
“”Pretrial services””, the pretrial services initiative established in section 58D.
“Release order”, an order releasing a defendant on personal recognizance or on conditions, regardless of whether the defendant has satisfied any financial condition.
“Risk assessment tool”, an empirically-developed uniform tool validated in the commonwealth that analyzes risk factors, created or chosen and implemented by pretrial services to produce a risk assessment classification for a defendant that will aid the judicial officer in making determinations under sections 58 to 58C, inclusive; provided, however, that a separate, empirically-developed tool may be used for juveniles.
“Secured bond”, payment to the court of a specified amount of money which, in the discretion of the judicial officer, would reasonably assure the presence of a criminal defendant as required, taking into consideration the defendant’s ability to pay.
“Unsecured bond”, a defendant’s promise to pay to the court a specified amount of money if the defendant does not appear before the court on a date certain; provided, however, that the unsecured bond shall be in an amount that, in the discretion of the judicial officer, would reasonably assure the presence of a defendant as required, taking into consideration the defendant’s ability to pay.
(b) Upon the appearance before a judicial officer of a defendant charged with an offense, the judicial officer shall hold a hearing, at which the defendant and defendant’s counsel, if any, may participate and inquire into the case to determine whether the defendant shall be released or detained pending trial of the case as provided in this section and sections 58 to 58B, inclusive. At the hearing, the judicial officer shall have immediate access to all pending and prior criminal offender record information, board of probation records and police and incident reports related to the defendant, upon oral, telephonic, facsimile or electronic mail request, to the extent practicable. At the conclusion of the hearing, the judicial officer shall issue an order that, pending trial, the defendant shall be:
(i) released on personal recognizance under subsection (a) of section 58;
(ii) released on conditions under subsection (b) of said section 58;
(iii) detained for failure to post secured bond necessary to assure the defendant’s presence at future court proceedings under paragraph (2) of subsection (e) of said section 58;
(iv) detained or released on a condition or combination of conditions under section 58A; or
(v) temporarily detained for not more than 5 business days to permit revocation of conditional release under section 58B.
(c)(1) A hearing under section 58 shall take place not later than the next day that the superior, district, Boston municipal or juvenile court in the appropriate jurisdiction is in session following the defendant’s arrest; provided, however, that if a case involves a crime of abuse, the commonwealth shall be the only party that may move for arraignment within 3 hours of a complaint being signed by a bail magistrate or a bail magistrate’s designee; and provided further, that a defendant arrested for a crime of abuse who has attained the age of criminal majority shall not be admitted to bail sooner than 6 hours after arrest except by a judge in open court.
(2) A hearing under section 58A shall be held immediately upon the motion of the commonwealth unless the defendant, or an attorney for the commonwealth, seeks a continuance. Except for good cause shown, a continuance on motion of the defendant shall not exceed 5 business days and a continuance on motion of the commonwealth shall not exceed 3 business days. During a continuance, the individual shall be detained upon a showing that there existed probable cause to arrest the defendant. The commonwealth may move for a hearing under said section 58A at any time before disposition of the case. Once a hearing under said section 58A has been commenced, the defendant shall be detained pending completion of the hearing.
(3) In any pending case where the defendant has been initially arraigned in the district, Boston municipal or juvenile court and is being subsequently arraigned in superior court for the same or related offenses arising out of the same incident, the superior court may conduct a new hearing under section 58 or, upon motion of the commonwealth, under section 58A; provided, however, that any order of the district, Boston municipal or juvenile court concerning the defendant issued under said section 58 or 58A shall remain in effect until the superior court issues a new order under said section 58 or 58A. In any new hearing in the superior court, the judicial officer shall consider the defendant’s compliance with any previously-ordered conditions of release or probation.
If a defendant has posted bail in the district court and has subsequently been arraigned in the superior court for the same offense, the superior court clerk shall notify the district court clerk holding the defendant’s bail of such arraignment. Upon such notification, the amount of any bail bond posted by a defendant in the district court shall be carried over to a bail bond required by the superior court. The superior court justices’ discretion in setting the amount of bail shall not be affected by this paragraph.
(4) Any hearing under section 58 may be reopened by the judicial officer, any hearing under section 58A or 58B may be reopened by the judge and any hearing under either said section 58, 58A or 58B may be reopened upon motion of the commonwealth or the defendant if the judicial officer or judge determines by a preponderance of the evidence that: (i) information exists that was not known to the moving party at the time of the hearing or there has been a material change in circumstances; and (ii) such information or change in
circumstances has a material bearing on the issue of whether the defendant’s detention or the defendant’s release on conditions or the conditions imposed on the defendant are necessary and sufficient to reasonably assure the appearance of the defendant as required and the safety of any other person and the community. In any such reopened hearing, the judicial officer shall consider the defendant’s compliance with any previously-ordered conditions of release.
Section 58. (a) The judicial officer shall order the pretrial release of the defendant on personal recognizance, subject to the condition that the defendant not commit a new offense during the period of release, unless the judicial officer determines, in its discretion, that the release will not reasonably assure the appearance of the defendant as required or will endanger the safety of any other person or the community. Upon adoption of a risk assessment tool by the Massachusetts probation service as set forth in section 58E, the judicial officer shall consult the risk assessment tool before making a determination pursuant to this section.
(b) If the judicial officer determines that the release described in subsection (a) will not reasonably assure the appearance of the defendant as required or will endanger the safety of any other person or the community, the judicial officer shall order the pretrial release of the defendant subject to the condition that the defendant not commit a new offense during the period of release and shall:
(i) in order to assure the defendant’s appearance, impose the least restrictive further condition or combination of conditions, in writing or orally on the record, which may include that the defendant, during the period of release, shall:
(1) abide by specified restrictions on personal associations, place of abode and travel;
(2) report on a regular basis to a the office of probation, a pretrial services agency or the office of community corrections;
(3) refrain using alcohol and marijuana and any controlled substance without a prescription or certification by a licensed medical practitioner;
(4) submit to random testing to monitor compliance with any conditions ordered pursuant to subclause (3); provided, however, that a positive test for use of marijuana shall not be considered a violation of the conditions of pretrial release unless the judicial officer expressly prohibits the use or possession of marijuana as a condition of pretrial release;
(5) comply with a specified curfew or home confinement;
(6) undergo medical, psychological or psychiatric treatment, including treatment for substance or alcohol use disorder, if available, and remain in a specified institution if required for that purpose;
(7) submit to electronic monitoring; provided, however, that any condition of electronic monitoring shall include either specified inclusion or exclusion zones or a curfew or a combination thereof;
(8) participate in pretrial programming at a community corrections center pursuant to chapter 211F; provided, however, that the defendant shall consent to such participation;
(9) provide an unsecured or secured bond to satisfy a financial condition that the judicial officer may specify; provided, however, that for offenses that do not carry a penalty of incarceration, no secured bond shall be ordered unless the defendant has previously failed to appear; provided further, that no financial condition shall be imposed on a defendant under the age of criminal majority;
(10) for a juvenile defendant, release to a personal surety;
(11) participate in a diversion program under chapter 276A, an alternative adjudication program or a drug, mental health, veteran or other treatment court; provided, however, that the defendant shall consent to such alternative adjudication program or a drug, mental health, veteran or other treatment court; and
(12) satisfy any other condition that is reasonably necessary to assure the appearance of the defendant as required; provided, however, that no condition or combination of conditions shall be imposed pursuant to clause (i) of subsection (b) that is not reasonably necessary to assure the appearance of the defendant as required; or
(ii) in order to assure the safety of any other person and the community, impose the least restrictive further condition or combination of conditions, in writing or orally on the record, which may include that the defendant, during the period of release, shall:
(1) refrain from abusing and harassing any alleged victims of the offense and any potential witnesses who may testify concerning the offense;
(2) stay away from and have no contact with any alleged victims of the offense and potential witnesses who may testify concerning the offense;
(3) refrain from possessing a firearm, rifle, shotgun, destructive device or other dangerous weapon;
(4) comply with a specified curfew or home confinement;
(5) refrain using alcohol and marijuana and any controlled substance without a prescription or certification by a licensed medical practitioner;
(6) submit to random testing to monitor compliance with subclause (5); provided, however, that a positive test for use of marijuana shall not be considered a violation of the conditions of pretrial release unless the judicial officer expressly prohibits the use of marijuana as a condition of pretrial release;
(7) undergo medical, psychological or psychiatric treatment, including treatment for substance or alcohol use disorder, if available, and remain in a specified institution if required for that purpose;
(8) submit to electronic monitoring; provided, however, that any condition of electronic monitoring shall include either specified inclusion or exclusion zones or a curfew or a combination thereof; and
(9) satisfy any other condition that is reasonably necessary to assure the safety of any other person and the community; provided, however, that no condition or combination of conditions shall be imposed clause (ii) of subsection (b) that is not reasonably necessary to assure the safety of any other person and the community.
(c) When setting any conditions to reasonably assure the appearance of the defendant as required under clause (i) of subsection (b), the judicial officer shall consider, when relevant, the following factors concerning the defendant:
(i) financial resources
(ii) any results of a risk assessment tool if such tool is available as set forth in section 58E of this chapter;
(iii) family ties;
(iv) any record of convictions;
(v) any potential penalty the defendant is facing;
(vi) any illegal drug distribution charges or present drug dependence;
(vii) employment records;
(viii) history of mental illness;
(ix) any prior flight to avoid prosecution or fraudulent use of an alias or false identification;
(x) any prior failure to appear at any court proceeding to answer to an offense; and
(xi) any prior violation of conditions of release or probation.
(d) When setting any conditions to reasonably assure the safety of any other person and the community under clause (ii) of subsection (b), the judicial officer shall consider, when relevant, the following factors concerning the defendant:
(i) any factors listed in (c)(ii)-(xi);
(ii) the nature and circumstances of the offense charged;
(iii) whether the defendant is on release pending adjudication of a prior charge;
(iv) whether the acts alleged involve a crime of abuse as defined in section 57;
(v) any history of orders issued against the defendant pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 or 20 of chapter 209C;
(vi) any specific, articulable risk that the defendant might obstruct or attempt to obstruct justice or threaten, injure or intimidate or attempt to threaten, injure or intimidate a prospective witness or juror;
(vii) whether the defendant is on probation, parole or other release pending completion of a sentence for another conviction; and
(viii) whether the defendant is on release pending sentence or appeal for any conviction.
(e)(1) A judicial officer shall not consider financial resources when setting any conditions to assure the safety of any other person or the community under clause (ii) of subsection (b), but may impose a financial condition on a defendant who is older than the age of criminal majority when necessary to reasonably assure the defendant’s appearance as required.
(2) A judicial officer shall not set bail at an amount that the defendant represent, in good faith, that he or she cannot afford unless the judicial officer finds that the defendant’s risk of non-appearance is so great that no alternative, less restrictive financial or nonfinancial conditions will suffice to assure the defendant’s presence at future court proceedings, and the defendant is likely to be incarcerated if convicted on the charged offense. If the judicial officer so finds, the judicial officer shall provide findings of fact and a statement of reasons for the bail decision, either in writing or orally on the record, stating: (i) that the defendant’s risk of non-appearance is so great that no alternative, less restrictive financial or nonfinancial conditions will suffice to assure the defendant’s presence at future court proceedings; (ii) that it is likely that the defendant will be incarcerated if convicted on the charged offense; (iii) that the judicial officer considered the defendant’s financial resources and personal circumstances; and (iv) why the commonwealth’s interest in the secured bond amount outweighs any likely adverse impact on the defendant’s employment, education, mental health treatment, substance or alcohol use treatment and primary caretaker responsibilities.
(3) A judicial officer shall not order that a defendant who is younger than the age of criminal majority be detained pretrial under this section unless the judicial officer finds that the defendant’s risk of non-appearance is so great that no alternative, less restrictive condition or combination of conditions will suffice to assure the defendant’s presence at future court proceedings, and the defendant is likely to be incarcerated if convicted on the charged offense. If the judicial officer so finds, the judicial officer shall provide findings of fact and a statement of reasons for the decision, either in writing or orally on the record, stating: (i) that the defendant’s risk of non-appearance is so great that no alternative, less restrictive nonfinancial conditions will suffice to assure the defendant’s presence at future court proceedings; (ii) that it is likely that the defendant will be incarcerated if convicted on the charged offense; (iii) that the judicial officer considered the defendant’s personal circumstances, including any likely adverse impact on the defendant’s employment, education, mental health treatment, substance or alcohol use treatment and primary caretaker responsibilities.
(4) If after 7 calendar days from the date of an order issued under this section a defendant, other than a defendant for whom the judicial officer made findings as set forth in paragraph (2) remains detained because of an inability to satisfy a financial condition, the defendant shall, upon application, be entitled to reconsideration of the financial condition by the judicial officer of the court who initially set the financial condition, if available, or otherwise by a judicial officer of a court with jurisdiction over the offense; provided, however, that a financial condition set by a judge shall only be reconsidered by a judge. If after that review the defendant remains detained because of an inability to satisfy a financial condition, the defendant shall, upon application, be entitled to review at 30-day intervals.
(5) If after 60 calendar days a defendant against whom a judicial officer made findings pursuant to paragraph (2) remains detained because of an inability to satisfy a financial condition, the defendant shall, upon application, be entitled to reconsideration of the financial condition by the judicial officer who initially set the financial condition, if available, or if unavailable, by a judicial officer of a court with jurisdiction over the offense; provided, however, that a financial condition set by a judge shall only be reconsidered by a judge. If, after such review, the defendant remains detained because of an inability to satisfy a financial condition, the defendant shall, upon application, be entitled to review at 90-day intervals.
(6) If after 15 days a defendant who is younger than the age of criminal majority for whom the judicial officer made findings pursuant to paragraph (3) remains detained, the defendant shall, upon application, be entitled to reconsideration of the detention by the judicial officer who initially made the findings, if available, or if unavailable, by a judicial officer of a court with jurisdiction over the offense; provided, however, that such a finding made by a judge may only be reconsidered by a judge. If, after such review, the defendant remains detained, the defendant shall, upon application, be entitled to review at 15-day intervals.
(7) If a judicial officer imposes a financial condition, the clerk of the court shall accept any money tendered in satisfaction of such financial condition during the regular business hours of that court.
(f) Before ordering the release of a defendant charged with a crime against the person or property of another, the judicial officer shall comply with the domestic abuse inquiry requirements of section 56A.
(g) In a release order issued under this section, the judicial officer shall:
(i) include a written statement that sets forth all of the conditions to which the release shall be subject and shall be set forth in a manner sufficiently clear and specific to serve as a guide for the defendant’s conduct; and
(ii) if a defendant is not released on personal recognizance or unsecured bond, it shall include a written summary of the reasons for denying release on personal recognizance and unsecured bond and detailed reasons for imposing any financial condition; and
(iii) advise the defendant of:
(1) the consequences of violating a condition of release, including immediate arrest or the issuance of a warrant therefor, revocation of release and any potential criminal penalties the defendant may face, including penalties for intimidation of a witness under section 13B of chapter 268; and
(2) if the defendant is charged with a crime of abuse, informational resources related to domestic violence which shall include, but not be limited to, a list of certified intimate partner abuse education programs located within or near the court’s jurisdiction.
(h) Whenever a judicial officer releases a defendant under this section, the court shall enter in writing on the court docket that the defendant was advised as required in clause (iii) of subsection (g) and that docket entry shall constitute prima facie evidence that the defendant was so informed.
(i) If a defendant in a case involving a crime of abuse is released from a place of detention, the arresting police department shall make a reasonable attempt to notify the victim of the defendant’s release or, if the defendant is released by order of a court, the district attorney shall make a reasonable attempt to notify the victim of the defendant’s release.
Section 58A. (a)(1) Upon motion of the commonwealth, a judge shall hold a hearing to determine whether any condition or combination of conditions in section 58 will reasonably assure the safety of any other person and the community in a case:
(i) that involves a dangerous crime as defined in section 57 or an offense under clause (1) or (2) of subsection (b) of section 32E of chapter 94C, clause (3) or (4) of subsection (c) of said section 32E of said chapter 94C or section 32F of said chapter 94C;
(ii) where the defendant has an open charge for any crime or offense listed in clause (i);
(iii) where the defendant has a conviction for any crime or offense listed in clause (i), unless the defendant has not been incarcerated for a crime or offense listed in said clause (i) within the previous 10 years; or
(iv) where there is a serious risk that the defendant will obstruct or attempt to obstruct justice or threaten, injure or intimidate or attempt to threaten, injure or intimidate a law enforcement officer, an officer of the court or a prospective witness or juror in a criminal investigation or judicial proceeding.
(2) If after a hearing pursuant to this section the judge finds by clear and convincing evidence that no condition or combination of conditions will reasonably assure the safety of any other person and the community, the judge shall order that the defendant be detained pending trial. If the judge does not so find, the defendant shall be released pursuant to section 58 on personal recognizance or unsecured bond or on such condition or combination of conditions as the judge determines to be necessary to reasonably assure the appearance of the defendant, as required, and the safety of any other person and the community.
(b)(1) At a hearing under paragraph (1) of subsection (a), the defendant shall:
(i) have the right to be represented by counsel and, if financially unable to obtain such counsel, the defendant shall have counsel appointed;
(ii) be afforded an opportunity to testify;
(iii) be afforded an opportunity to present witnesses, to cross examine witnesses who appear at the hearing and to present information by proffer or otherwise; provided, however, that before issuing a summons to an alleged victim or a member of the alleged victim’s family to appear as a witness at the hearing, the defendant shall demonstrate to the court a good faith and reasonable basis for believing that the testimony from that witness will be material and relevant to support a conclusion that there are conditions of release that will reasonably assure the safety of any other person and the community.
(2) The law concerning admissibility of evidence in criminal trials shall not apply to the presentation and consideration of information at the hearing.
(3) If a defendant has been released pursuant to section 58 and it subsequently appears that there are grounds for the defendant’s pretrial detention under paragraph (1) of subsection (a), the commonwealth may request a pretrial detention hearing by ex parte written motion. If the court grants the commonwealth’s motion, notice shall be given to the defendant and a hearing shall occur as set forth in this section.
(c) In determining whether there are conditions of release that will reasonably assure the safety of any other person and the community, a judge shall take into account information available concerning:
(i) the factors listed in subsection (d) of section 58;
(ii) the weight of the evidence against the defendant; and
(iii) the nature and seriousness of the danger to any other person and the community that would be posed by the defendant’s release.
Upon adoption of a risk assessment tool by the office of probation under section 58E, the judge shall consult the risk assessment tool before making a determination pursuant to this section.
(d) If, after the hearing under this section, the judge determines that detention of the defendant is necessary under paragraph (2) of subsection (a), the judge shall issue an order that: (i) includes written findings of fact and a written statement of the reasons for the detention; (ii) directs that the defendant be committed to a correction facility separate, to the extent practicable, from persons serving sentences; and (iii) directs that the defendant be afforded reasonable opportunity for private consultation with counsel.
If the judge releases the defendant, the order for release shall comply with section 58.
(e) A defendant detained under this section shall be brought to trial as soon as reasonably possible but, in the absence of good cause, the defendant shall not be detained for more than 120 days, if older than the age of criminal majority, and for a period of not more than 60 days for a defendant who is younger than the age of criminal majority, excluding any period of delay as defined in Rule 36(b)(2) of the Massachusetts Rules of Criminal Procedure.
If the defendant’s case has not been brought to trial or otherwise resolved by the end of that period, excluding any period of delay as defined above, the defendant shall be entitled to a de novo reconsideration of the detention order by the court that originally issued the order.
(f) Nothing in this section shall be construed to modify or limit the presumption of innocence.
Section 58B. (a) A defendant who has been released after a hearing pursuant to section 58, 58A, 59 or 87 and who has violated a condition of release shall be subject to a revocation of release and an order of detention.
(b) The judge shall enter an order of revocation and detention if, after a hearing, the judge finds that: (i) there is probable cause to believe that the defendant has committed a crime while on release or there is clear and convincing evidence that the defendant has violated any other condition of release; and (ii) there are no conditions of release that will reasonably assure the defendant will not pose a danger to the safety of any other person or the community. The judge may, in the judge’s discretion, enter an order of revocation and detention if, after a hearing, the judge finds that: (i) there is probable cause to believe that the defendant has committed a crime while on release or there is clear and convincing evidence that the defendant has violated any condition of release other than committing a crime; and (ii) the defendant is unlikely to abide by any condition or combination of conditions of release.
(c) If the judge issues a release order under this section, the judge may order any condition or combination of conditions of release under clause (i) and (ii) of subsection (b) of section 58.
(d) Upon the defendant’s first appearance before the judge that will conduct proceedings for revocation of an order of release under this section, the hearing concerning revocation shall be held immediately unless the defendant or the commonwealth seeks a continuance. During a continuance, the defendant shall be detained without bail unless the judge finds that there are conditions of release that will reasonably assure that the defendant will not pose a danger to the safety of any other person or the community and that the defendant will abide by conditions of release. If the defendant is detained without bail, a continuance on a motion of the defendant shall not exceed 5 business days, except for good cause, and a continuance on motion of the commonwealth or probation shall not exceed 3 business days, except for good cause. A defendant detained under an order of revocation and detention shall be brought to trial as soon as reasonably possible but, in the absence of good cause, a defendant shall not be detained for more than 90 days, if older than the
age of criminal majority, and for a period of not more than 60 days for a defendant who is younger than the age of criminal majority, excluding any period of delay as defined in Rule 36(b)(2) of the Massachusetts Rules of Criminal Procedure. If the defendant’s case has not been brought to trial or otherwise resolved by the end of the period prescribed by this section, excluding any period of delay as defined above, the defendant shall be entitled to a de novo reconsideration of the detention order by the court that originally issued the order.
Section 58C. (a) A defendant who is released on conditions or detained under section 58 or section 58A pursuant to an order of the district court department, the Boston municipal court department or the juvenile court department shall, upon application, be entitled to have the conditions or order of detention reviewed de novo by the superior court department on the next day that court is in session.
(b) A defendant who is released on conditions or detained under section 58 or 58A or who is the subject of an order under subsection (a) pursuant to an order of the superior court department may seek relief from a single justice of the appeals court in extraordinary cases involving a clear and substantial abuse of discretion or a clear and substantial error of law.
(c) A judge hearing a review pursuant to subsection (a) or (b) may consider the record below which the commonwealth and the defendant may supplement. The reviewing judge may, after a hearing on the petition for review, order that the petitioner be released on personal recognizance or on any of the conditions set forth in clause (i) and (ii) of subsection (b) of section 58 or, in the judge’s discretion to reasonably assure the effective administration of justice, make any other order of recognizance or conditions, or the judge may remand the petitioner in accordance with the terms of the process by which the petitioner was ordered committed.
Section 58D. (a) There shall be in the office of probation a pretrial services initiative, hereinafter referred to as pretrial services. Pretrial services shall be led by a supervisor of pretrial services. The supervisor shall be a person of ability and experience in the pretrial process who shall be chosen and appointed by the commissioner of probation.
(b) Pretrial services shall perform the following duties for the departments of the trial court of the commonwealth:
(i) develop, in coordination with the court and other criminal justice agencies, programs to minimize unnecessary pretrial detention and violations of conditions of release set forth in section 58;
(ii) monitor the local implementation of pretrial services as provided in this section and maintain accurate and comprehensive records of pretrial services’ activities;
(iii) provide notification to supervised defendants of court appearance obligations and, as needed, require periodic reporting by letter, telephone, electronic communication, personal appearance or by other means designated by pretrial services to verify compliance with conditions of release;
(iv) assist defendants who are released prior to trial in securing appropriate employment, medical, drug, mental or other health treatment or other needed social services that may increase the defendant’s chances of successful compliance with the conditions of release;
(v) prepare a formal report of new charges against defendants released on conditions and present the same to the court and to the prosecuting officer who shall aid pretrial services in presenting such violations; and
(vi) perform any other duties that the commissioner of probation deems necessary to support the operation of pretrial services.
(c) Pretrial services may be provided with probation staff, including community correction staff, as determined by the commissioner of probation.
(d) A defendant shall not be interviewed by pretrial services unless the defendant has been apprised of the identity and purpose of the interview, the scope of the interview, the right to counsel and the right to refuse cooperation. Inquiry of the defendant shall carefully exclude questions concerning the details of the current charge. Statements made by the defendant during the interview or evidence derived therefrom shall not be admissible against the defendant in any pending criminal prosecution, including in determining the defendant’s guilt or the appropriate disposition or if the defendant has violated a condition of probation or pretrial release or a condition of parole, except that such statements and evidence may be used in determining appropriate conditions of release and conditions of probation.
(e) The supervisor of pretrial services shall submit annual reports to the commissioner of probation, the chief justice of the trial court, the court administrator, the chief justice of the supreme judicial court and the clerks of the senate and the house of representatives who shall forward the report to the senate and house chairs of the joint committee on the judiciary. The report shall include, but not be limited to, if available:
(i) analysis on demographics of the pretrial population, including age, race and gender; (ii) appearance and default rates; (iii) conditions imposed upon release; (iv) caseload of the pretrial services initiative; (v) length of supervision; and (vi) any other analytical data deemed appropriate; provided, however, that any data included in the report shall be presented only in aggregated form so that no individual can be identified.
Section 58E. (a) Subject to appropriation, pretrial services shall create or choose a risk assessment tool that analyzes risk factors to produce a risk assessment classification for a defendant that will aid the judicial officer in determining pretrial release or detention under sections 58 to 58C, inclusive. Any such tool shall be tested and validated in the commonwealth to identify and eliminate unintended economic, race, gender or other bias.
The pretrial services initiative shall: (i) establish procedures for screening defendants who are presented in court for a first appearance to assist the trial court in determining any appropriate conditions of release or detention under sections 58 to 58C, inclusive; (ii) record and, to the extent possible, verify information required by the risk assessment tool; and (iii) submit a written report to the judicial officer and to all parties and counsel of record which shall include the results of the risk assessment tool, the defendant’s eligibility for diversion, treatment or other alternative adjudication programs and any recommendations concerning any appropriate conditions of release or detention under said section 58 and section 58A.
(b) A representative of pretrial services shall, when feasible, be available at any hearing wherein the judicial officer will be considering the pretrial services written report.
(c) When ordered by the judicial officer, pretrial services shall monitor and supervise compliance with the conditions of release ordered under section 58 and, when appropriate, shall proceed under section 58B.
(d) Records created concerning pretrial services, including aggregate data, shall not be considered criminal offender record information and shall be subject to the same limitations on disclosure as other records kept by the office of probation. Subject to redaction for safety and third-party considerations, an individual shall have access to their own records and information collected or created by pretrial services.
(e) The trial court of the commonwealth, in coordination with pretrial services, shall develop curricula and make training opportunities available on a rolling basis to all judicial officers eligible to make decisions under sections 58, 58A, 58B and 59. The training shall include information on the risk assessment tools, risk assessment scoring and recommended supervision levels, conditions of release and any other information that the trial court or the commissioner of probation deem appropriate.
Section 59. (a) If a defendant is arrested and charged with an offense, other than murder in the first or second degree or a crime of abuse or treason when the courts having jurisdiction over the offense are not in session, a bail commissioner or bail magistrate shall appear as soon as possible but not more than 6 hours after the defendant’s arrest unless the defendant lacks the capacity to understand and participate in the bail proceedings; provided, however, that failure of a bail commissioner or bail magistrate to appear within the prescribed time shall not constitute grounds for dismissal of the charges against a defendant. If a defendant is charged with a crime of abuse, the bail commissioner or bail magistrate shall not appear earlier than 6 hours after the defendant’s arrest but shall appear as soon as possible thereafter.
(b) The bail commissioner or bail magistrate shall order the pretrial release of a defendant on personal recognizance, subject to the condition that the defendant not commit a new offense during the period of release, unless the bail commissioner or bail magistrate determines that release on personal recognizance will not reasonably assure the appearance of the defendant as required or will endanger the safety of any other person or the community.
(c)(1) If the bail commissioner or bail magistrate determines that the release described in subsection (b) will not reasonably assure the appearance of the defendant as required or will endanger the safety of any other person or the community, the bail commissioner or bail magistrate may order the pretrial release of the defendant subject to the following conditions: (i) the defendant shall not commit a new offense during the period of release; and (ii) the bail commissioner or bail magistrate shall impose the least restrictive further condition or combination of conditions that the bail commissioner or bail magistrate determines will reasonably assure the appearance of the defendant as required and the safety of any other person and the community; provided, however, that such conditions may include, but shall not be limited to, orders that the defendant shall:
(A) abide by specified restrictions on personal associations, places of abode or travel;
(B) refrain from the use of alcohol or marijuana or any controlled substance without a prescription or certification by a licensed medical practitioner;
(C) comply with a specified curfew or home confinement;
(D) refrain from abusing and harassing any alleged victim of the offense and any potential witnesses who may testify concerning the offense;
(E) stay away from and have no contact with an alleged victim of the offense or with potential witnesses who may testify concerning the offense;
(F) refrain from possessing a firearm, rifle, shotgun, destructive device or other dangerous weapon;
(G) provide unsecured or secured bond to satisfy a financial condition that the bail commissioner or bail magistrate may specify; provided, that no financial condition shall be imposed on a defendant who is younger than the age of criminal majority; or
(H) satisfy any other condition that is reasonably necessary to assure the appearance of the defendant as required or the safety of any other person and the community.
(2) When setting conditions under this subsection, the bail commissioner or bail magistrate shall consider, when relevant, the following factors concerning the defendant:
(i) financial resources;
(ii) family ties;
(iii) any record of convictions;
(iv) any potential penalty the defendant is facing;
(v) any illegal drug distribution charges or present drug dependence;
(vi) employment records;
(vii) history of mental illness;
(viii) any prior flight to avoid prosecution or fraudulent use of an alias or false identification;
(ix) any prior failure to appear at any court proceedings to answer to an offense;
(x) the nature and circumstances of the offense charged;
(xi) whether the defendant is on bail pending adjudication of a prior charge;
(xii) whether the acts alleged involve a crime of abuse as defined in section 57;
(xiii) any history of orders issued against the defendant pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 or 20 of chapter 209C;
(xiv) any specific, articulable risk that the defendant might obstruct or attempt to obstruct justice or threaten, injure or intimidate or attempt to threaten, injure or intimidate a prospective witness or juror;
(xv) whether the defendant is on probation, parole or other release pending completion of a sentence for another conviction; and
(xvi) whether the defendant is on release pending sentencing or appeal for another conviction.
(d) Bail commissioners and bail magistrates shall not impose a financial condition to assure the safety of any other person and the community, but may impose a financial condition on a defendant who is older than the age of criminal majority when necessary to reasonably assure the defendant’s appearance as required. If the defendant represents in good faith that the defendant lacks sufficient financial resources to post the secured bond required by the bail commissioner or bail magistrate such that the defendant will likely be detained until the next day that court is in session, the bail commissioner or bail magistrate may impose the secured bond only if the bail commissioner or bail magistrate confirms, in writing, that the bail commissioner or bail magistrate considered the defendant’s financial resources and explains why the defendant’s risk of nonappearance is so great that no alternative, less restrictive financial or nonfinancial conditions will suffice to assure the defendant’s presence at future court proceedings.
(e) Where a bail commissioner or bail magistrate orders that a defendant who is younger than the age of criminal majority be detained until the next day that court is in session because no condition or combination of conditions will reasonably assure the appearance of the defendant as required, the bail commissioner or bail magistrate shall provide findings of fact and a statement of reasons for the decision, in writing, explaining why no alternative, less restrictive condition or combination of conditions will suffice to assure the defendant’s presence at future court proceedings.
(f) Before issuing any release order under this section for a defendant who is released on bail pending adjudication of a prior charge or is on probation, the bail commissioner or bail magistrate shall contact the office of probation’s electronic monitoring center to inform them of the defendant’s arrest and charge.
(g) In a release order issued under this section, the bail commissioner or bail magistrate shall advise the defendant of:
(i) the consequences of violating a condition of release, including immediate arrest or issuance of a warrant therefor, revocation of release and the potential that the defendant may face criminal penalties, including penalties for intimidation of a witness under section 13B of chapter 268; and
(ii) if the defendant is charged with a crime of abuse, informational resources related to domestic violence which shall include, but shall not be limited to, a list of certified intimate partner abuse education programs located within or near the court’s jurisdiction.
(h) If the defendant in a case involving a crime of abuse is released from the place of detention, the arresting police department shall make a reasonable attempt to notify the victim of the defendant’s release.
(i) If a defendant is charged with a dangerous crime or a crime of abuse, the bail commissioner or bail magistrate shall order the defendant held until the next day that the court is in session if the bail commissioner or bail magistrate determines that no condition or combination of conditions will reasonably assure the appearance of the defendant as required or the safety of any other person or the community.
(j) When ordering detention under subsection (d) or (e), the bail commissioner or bail magistrate shall take into account information available concerning: (i) any relevant factors listed paragraph (2) of subsection (c); (ii) the weight of the evidence against the defendant; and (iii) the nature and seriousness of the danger to any other person or the community that would be posed by the defendant’s release.
(k) The terms and conditions of an order by a bail commissioner or bail magistrate shall remain in effect until the defendant is brought before the court for arraignment under sections 57, 58 and 58A.
(l) When a bail commissioner or bail magistrate releases a defendant on conditions under subsection (c), the bail commissioner or bail magistrate shall record the conditions and provide a copy of such conditions to the defendant and the detaining authority and shall transmit a copy to the court.
(m) If a defendant released on conditions by a bail commissioner or bail magistrate under subsection (c) violates any of the conditions, that violation shall be enforceable under section 58B.
(n) Nothing in this section shall be construed to modify or limit the presumption of innocence.
(o) Bail commissioners and bail magistrates authorized to release a defendant on recognizance, release a defendant on conditions or detain a defendant under this section shall be governed by rules established by the chief justice of the trial court of the commonwealth, subject to review by the supreme judicial court.
(p) Nothing in this section shall authorize a bail commissioner or bail magistrate to release a defendant who has been arrested and charged with first or second degree murder.
SECTION 183. Section 61A of chapter 276 of the General Laws is hereby repealed.
SECTION 184. Said chapter 276 is hereby further amended by striking out section 61B, as appearing in the 2016 Official Edition, and inserting in place thereof the following section:-
Section 61B. No surety under this chapter shall be compensated for acting as surety.
SECTION 185. Section 79 of said chapter 276 is hereby repealed.
SECTION 186. Section 87 of said chapter 276, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 7, the figure “18” and inserting in place thereof the following words:- criminal majority.
SECTION 187. Said section 87 of said chapter 276, as so appearing, is hereby further amended by striking out, in lines 14 and 15, the words “was eighteen years of age or older” and inserting in place thereof the following words:- had attained the age of criminal majority.
SECTION 188. The first paragraph of section 87A of said chapter 276, as so appearing, is hereby amended by adding the following sentence:- No person placed on probation shall be found to have violated a condition of probation: (i) solely on the basis of possession or use of a controlled substance that has been lawfully dispensed pursuant to a valid prescription to that person by a health professional registered to prescribe a controlled substance pursuant to chapter 94C and acting within the lawful scope of the health professional’s practice; or (ii) solely on the basis of possession or use of medical marijuana obtained in compliance with and in quantities consistent with applicable state regulations if that person received a written certification from a licensed physician for the use of medical marijuana to treat a debilitating medical condition and the person possesses a valid medical marijuana registration card and if the quantity in the person’s possession is not greater than the amount recommended in the physician’s written certification.
SECTION 189. Said section 87A of said chapter 276, as so appearing, is hereby further amended by striking out the third paragraph and inserting in place thereof the following paragraph:-
The court may waive payment of the fees if it determines after a hearing that such payment would impose a substantial financial hardship on the person or the person’s family or dependents. Following the hearing and upon a finding of hardship, the court may require any such person to perform unpaid community service work at a public or nonprofit agency or facility, monitored by the probation department, for not more than 4 hours per month in lieu of payment of a probation fee. A waiver shall be in effect only during the period of time that a person is unable to pay the monthly probation fee.
SECTION 190. Said section 87A of said chapter 276, as so appearing, is hereby further amended by striking out the eighth paragraph and inserting in place thereof the following paragraph:-
The court may waive payment of the fee if it has determined, after a hearing, that the payment would impose a substantial financial hardship on the person or the person’s family or dependents. A waiver shall be in effect only during the period of time that the person is unable to pay the monthly probation fee.
SECTION 191. Section 89A of said chapter 276, as so appearing, is hereby amended by striking out, in line 3, the figure “18” and inserting in place thereof the following words:- criminal majority.
SECTION 192. Said chapter 276 is hereby further amended by striking out section 92, as so appearing, and inserting in place thereof the following section:-
Section 92. (a) In a criminal case where the victim has suffered an actual economic loss that is causally connected to a crime for which the defendant has been convicted, has entered a plea of guilty or nolo contendere or has admitted to sufficient facts to warrant a finding of guilt, the court may order the defendant to make financial restitution to the victim for such loss as a condition of probation as set forth in this section. As used in this section, “defendant” shall include a delinquent child or youthful offender and “actual economic loss” shall mean the loss of money or property, excluding consequential damages or costs.
(b) Before ordering restitution pursuant to this section, the court shall determine the appropriate length of any probationary period to be served by the defendant which shall be based on the amount of time necessary to rehabilitate the defendant and protect the public. The court shall not order a longer probationary period to enable the defendant to make restitution; provided, however, that if the court determines that there is no reason to impose probation other than to collect restitution, the court may impose a probationary period of 60 days or less for such purpose.
(c) Before ordering restitution pursuant to this section, the court shall conduct an evidentiary hearing and make findings concerning: (i) the amount of actual economic loss suffered by the victim that is causally connected to the defendant’s crime; and (ii) the amount of restitution that the defendant has the ability to pay monthly without causing substantial financial hardship, taking into account the defendant’s financial resources, including the defendant’s income and net assets and the defendant’s financial obligations, including the amount necessary to meet basic human needs such as food, shelter and clothing for the defendant and the defendant’s family or dependents. The defendant shall bear the burden of proving by a preponderance of the evidence an inability to pay; provided, however, that the court shall presume that a defendant under the age of criminal majority is indigent unless the court finds that the payment would not impose a substantial financial hardship on such person or the person’s family. At any such hearing, the victim may testify regarding the amount of the loss and the defendant may cross examine the victim, but such cross-examination shall be limited to the issue of restitution. The defendant may rebut the victim’s estimate of the amount of loss with expert testimony or other evidence. The commonwealth shall bear the burden of proving by a preponderance of the evidence the amount of the actual economic loss suffered by the victim that is causally connected to the defendant’s crime. The hearing need not address issues as to which the commonwealth and the defendant have reached an agreement that has been presented to the court, whether by written stipulation or as part of the defendant’s plea of guilty or nolo contendere or admission to sufficient facts to warrant a finding of guilt. An agreement between the commonwealth and the defendant concerning the amount of the victim’s actual economic loss shall be docketed by the clerk.
(d) The total amount of restitution ordered by the court shall not exceed the lesser of: (i) the amount of actual economic loss suffered by the victim that is causally connected to the defendant’s crime; or (ii) the amount of restitution that the defendant has the ability to pay monthly without causing substantial financial hardship, multiplied by the total number of months of probation ordered by the court in accord with subsection (b).
(e) If the defendant is placed on probation with a condition that the defendant pay restitution to the victim and payment is not made at once, the court may order that the payment shall be made to the clerk of the court who shall give receipts for and keep a record of all payments made, pay the money to the person injured and keep a receipt therefor and notify the probation officer when the full amount of the money is received or paid in accordance with such order or with any modification thereof.
(f) The court may modify the probation condition regarding the payment of restitution based on any material change in the defendant’s financial circumstances.
(g) If the court orders the defendant to make restitution under this section, the court may also issue a civil judgment in favor of the victim and against the defendant for the amount of the victim’s actual economic loss that is causally connected to the defendant’s crime, less the amount of restitution that the defendant has been ordered to pay. Upon the expiration or revocation of the defendant’s probation, the victim or the commonwealth may, with notice to the defendant, request the court to amend the civil judgment to include any amount of restitution that the defendant has failed to pay in accord with the restitution order.
(h) If the court does not order the defendant to make restitution under subsection (a), the court may, upon the request of the commonwealth, issue a civil judgment in favor of the victim and against the defendant for the amount of the victim’s actual economic loss that is causally connected to the defendant’s crime; provided, however, that: (i) the defendant shall have agreed to the amount of such loss as part of the defendant’s plea of guilty or nolo contendere or admission to sufficient facts to warrant a finding of guilt; or (ii) the court has determined the amount of such loss after a hearing as provided in subsection (c).
(i) A civil judgment issued under subsections (g) or (h) shall be enforceable by the victim or by the commonwealth acting on behalf of the victim in the same manner as any other civil judgment. In addition to the amount of the civil judgment, the victim shall be entitled to recover from the defendant reasonable attorneys’ fees and costs incurred in enforcing or executing the civil judgment.
(j) A civil judgment issued under subsections (g) or (h) shall be dischargeable in bankruptcy.
(k) Nothing herein shall bar the victim from seeking recovery from the defendant in any other civil proceeding; provided, however, that any amount recovered by the victim pursuant to the court’s restitution order or the civil judgment under subsections (g) or (h) shall be set off against any other civil claim by the victim for the same actual economic loss.
SECTION 193. Section 100A of said chapter 276, as so appearing, is hereby amended by striking out, in lines 9, 14, and 21, the figure “5” and inserting in place thereof, in each instance, the following figure:- 3.
SECTION 194. Said section 100A of said chapter 276, as so appearing, is hereby further amended by striking out, in lines 12, 15, and 22, the figure “10” and inserting in place thereof, in each instance, the following figure:- 7.
SECTION 195. Said section 100A of said chapter 276, as so appearing, is hereby further amended by inserting after the figure “268A”, in line 28, the following words:- , except for convictions for resisting arrest.
SECTION 196. Said section 100A of said chapter 276, as so appearing, is hereby further amended by striking out, in line 83, the words “for employment used by an employer” and inserting in place thereof the following words:- used to screen applicants for employment, housing or an occupational or professional license.
SECTION 197. Said section 100A of said chapter 276, as so appearing, is hereby further amended by inserting after the word “employment”, in line 85, the following words:- or for housing or an occupational or professional license.
SECTION 198. Said section 100A of said chapter 276, as so appearing, is hereby further amended by inserting after the word “employment”, in line 89, the following words:- or for housing or an occupational or professional license.
SECTION 199. Said section 100A of said chapter 276, as so appearing, is hereby further amended by inserting after the word “employment”, in line 92, the following words:- or for housing or an occupational or professional license.
SECTION 200. Said chapter 276 is hereby amended by striking out section 100B, as so appearing, and inserting in place thereof the following section:-
Section 100B. (a) A person having a record of entries of a court appearance in a proceeding pursuant to section 52 to 62 of chapter 119, inclusive, on file in the office of the commissioner of probation may, on a form furnished by the commissioner, signed under the penalties of perjury, request that the commissioner seal that file. The commissioner shall comply with such a request, provided that: (i) the court appearance or disposition, including court supervision, probation, commitment or parole, the records for which are to be sealed, terminated not less than 1 year prior to the request; (ii) said person has not been adjudicated a delinquent child or youthful offender or found guilty of a criminal offense within the commonwealth during the 1 year preceding the request, except for motor vehicle offenses in which the penalty does not exceed a fine of $550, and was not imprisoned under sentence or committed as a delinquent child or youthful offender within the commonwealth within the preceding 1 year; and (iii) the form requesting sealing includes a statement by the petitioner signed under the penalties of perjury that the petitioner has not been adjudicated a delinquent child or youthful offender or found guilty of a criminal offense in any other state, United States possession or in a court of federal jurisdiction, except for the motor vehicle offenses described in clause (ii), and has not been imprisoned under sentence or committed as a delinquent or youthful offender in any state or county during the preceding 1 year.
(b) At the time of dismissal of a case, nolle prosequi, without adjudication or when imposing a sentence, period of commitment or probation or other disposition under section 58 of said chapter 119, the court shall inform all juveniles defendants in writing of their right to seek sealing under this section and, if the case ended in a dismissal, nolle prosequi, or without adjudication, the court shall order sealing of the record at the time of the disposition unless the person charged with the offense objects.
(c) Records sealed under this section shall not disqualify a person in any examination, appointment or application for public service in the service of the commonwealth or any political subdivision thereof, nor shall sealed records be admissible in evidence or used in any way in court proceedings or hearings before a court, board or commission to which the person is a party, except in imposing sentence for subsequent offenses in juvenile or criminal proceedings.
Notwithstanding any other provision to the contrary, the commissioner shall report sealed juvenile records to inquiring police and court agencies only as “sealed juvenile record over 1 year old” and to other authorized persons who may inquire as “no record”. The information contained in a sealed juvenile record shall be made available to a judge or probation officer who affirms that the person whose record has been sealed has been adjudicated a delinquent child or youthful offender or has pleaded guilty or been found guilty of and is awaiting sentence for a crime committed subsequent to the sealing of such record. That information shall be used only for the purpose of consideration in imposing sentence.
SECTION 201. Section 100C of said chapter 276, as so appearing, is hereby amended by striking out, in line 23, the words “for employment used by an employer” and inserting in place thereof the following words:- used to screen applicants for employment, housing or an occupational or professional license.
SECTION 202. Said section 100C of said chapter 276, as so appearing, is hereby further amended by inserting after the word “employment”, in line 26, the following words:- , housing or an occupational or professional license.
SECTION 203. Section 100D of said chapter 276, as so appearing, is hereby amended by striking out the figure “17”, in line 8, and inserting in place thereof the following words:- criminal majority.
SECTION 204. Said chapter 276, as so appearing, is hereby further amended by inserting after section 100D the following 3 sections:-
Section 100E. For the purpose of this chapter, the words “expunge”, “expunged” and “expungement” shall mean permanent erasure or destruction of information so that the information is no longer maintained in any file or record in electronic, paper or other physical form and such that no individual or entity including, but not limited to, criminal justice agencies as defined under section 167 of chapter 6, has access to criminal offender record information related to the expunged charge or charges.
Section 100F. (a) Notwithstanding section 100A or any other general or special law to the contrary, a person of any age having a record of entries of a court appearance in a proceeding pursuant to section 52 to 62 of chapter 119, inclusive, on file with the office of the commissioner of probation may, on a form furnished by the commissioner, petition that misdemeanor convictions or adjudications or misdemeanor cases ending in a dismissal, nolle prosequi or without adjudication be expunged if the offense was committed before the person reached the age of criminal majority and the person files a petition with a judge in the court in which the appearance or disposition occurred. Notice shall also be given to the office of probation. The court shall comply with such a request, provided, that: (i) the court appearance or disposition, including court supervision, probation, commitment or parole, the records of which are to be sealed, terminated not less than 3 years before the request; (ii) the petitioner has not been adjudicated a delinquent child or youthful offender or found guilty of a new criminal offense within the commonwealth during the preceding 3 years, except for motor vehicle offenses in which the penalty does not exceed a fine of $550; and (iii) the form requesting expungement includes a statement by the petitioner signed under the penalties of perjury that the petitioner has not been adjudicated a delinquent child or youthful offender or found guilty of a criminal offense in any other state, United States possession or in a court of federal jurisdiction, except for the motor vehicle offenses described in clause (ii), and has not been imprisoned under sentence or committed as a delinquent or youthful offender in any state or county during the preceding 3 years. If a petition is granted by the court pursuant to this section, the clerks and probation officers of the courts in which the proceedings at issue occurred or were initiated shall expunge all records of the proceedings in their files.
(b) At the time of dismissal of a case, nolle prosequi, without adjudication or when imposing a sentence, period of commitment or probation or other disposition under section 58 of said chapter 119, the court shall inform, in writing, all eligible individuals of their right to seek expungement under this section.
(c) A charge that is expunged shall not disqualify a person in any examination, appointment or application for public employment in the service of the commonwealth or any political subdivision thereof, nor shall such charges and convictions be used against a person in court proceedings or hearings before a court, board or commission to which the person is a party.
(d) If the court orders expungement of records, the person whose records have been expunged, when applying for employment, housing, occupational or professional licensing, may answer “no record” as to any charge expunged pursuant to this section in response to an inquiry regarding prior arrests, court appearances or criminal cases.
Section 100G. If a case is sealed or expunged pursuant to section 7 of chapter 258D or section 100A, 100B, 100C, 100F or 104 of this chapter, every mention of the defendant’s name and address shall be redacted from entries in the logs maintained under section 98F of chapter 41.
SECTION 205. Said chapter 276 is hereby further amended by adding the following section:-
Section 104. After a court appearance has reached its final disposition, including termination of court supervision, probation, commitment or parole, upon motion of the defendant and after notice to the district attorney and the commissioner of probation, who shall be given the opportunity to be heard, a court may order expungement of all records related to the court appearance if the court determines by clear and convincing evidence that expungement is in the interest of justice because: (i) the complaint was issued against the named defendant because of misidentification by law enforcement or court employees; (ii) the named defendant has no connection to the alleged criminal activity; (iii) the named defendant was prosecuted because another person impersonated the defendant or used the defendant’s name when arrested by police; (iv) there was fraud on the court related to the claim that the defendant committed the offense; or (v) there was lack of probable cause for initiation of the complaint. The court shall enter written findings of fact in response to any motion filed under this section and shall immediately provide a certified copy of the order and findings of fact to the named defendant and the commissioner of probation. Upon receipt of a certified copy of an order expunging records, the commissioner of probation shall expunge records of court appearances and case disposition in the commissioner’s files and the clerk and the probation officers of the courts in which the proceedings occurred or were initiated shall expunge the records of the proceedings from their files.
If the court orders expungement of the records, the person whose records have been expunged, when applying for employment, housing, occupational or professional licensing may answer “no record” as to any charge expunged pursuant to this section in response to an inquiry regarding prior arrests, court appearances or criminal cases. A charge that is expunged shall not disqualify a person in any examination, appointment or application for public employment in the service of the commonwealth or any other political subdivision thereof, nor shall such charges or convictions be used against a person in court proceedings or hearings before a court, board or commission to which the person is a party.
Upon receipt of an expungement order, the state police shall expunge said cases from any records in its custody.
SECTION 206. Section 1 of chapter 276A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 20 and 21, the words “certified or approved by the commissioner of probation under the provisions of section eight,”.
SECTION 207. Section 2 of said chapter 276A, as so appearing, is hereby amended by striking out, in lines 6 and 10, the words “18 years” and inserting in place thereof, in each instance, the following words:- criminal majority.
SECTION 208. Said section 2 of said chapter 276A, as so appearing, is hereby further amended by striking out, in line 7, the words “twenty-two” and inserting in place thereof the following figure:- 26.
SECTION 209. Said chapter 276A is hereby amended by striking out section 4, as so appearing, and inserting in place thereof the following section:-
Section 4. In the event that an individual is charged with a violation of 1 or more of the offenses enumerated in section 70C of chapter 277, other than the offenses in subsection (a) of section 13A of chapter 265 and sections 13A and 13C of chapter 268, this chapter shall not apply to that defendant.
SECTION 210. Section 5 of said chapter 276A, as so appearing, is hereby amended by inserting after the word “prosecution”, in line 10, the following words:- and any victims as defined by section 1 of chapter 258B.
SECTION 211. Sections 8 and 9 of said chapter 276A are hereby repealed.
SECTION 212. Said chapter 276A is hereby further amended by adding the following section:-
Section 12. Nothing in this chapter or chapter 276B shall be interpreted to limit or in any way govern the authority of a district attorney or a police department to divert an offender, or to require a district attorney or police department to accept an offender into a program that they operate.
SECTION 213. The General Laws are hereby amended by inserting after chapter 276A the following chapter:-
CHAPTER 276B.
RESTORATIVE JUSTICE.
Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Restorative justice”, a voluntary process whereby the offenders, victims and members of the community collectively identify and address harms, needs and obligations resulting from an offense in order to understand the impact of that offense; provided, however, that restorative justice requires an offender’s acceptance of responsibility for their actions and supports the offender as the offender makes repair to the victim or community in which the harm occurred.
“Community-based restorative justice program”, a program, which may include the parties to a case, their supporters and community members, or one-on-one dialogues between a victim and offender, established on restorative justice principles that engages parties to a crime or members of the community in order to develop a plan of repair that addresses the needs of the parties and the community.
Section 2. Participation in a community-based restorative justice program shall be voluntary and shall be available to both juvenile and adult defendants. A juvenile or adult defendant may be diverted to a community-based restorative justice program at any stage of a case, beginning immediately post arraignment, with the consent of the district attorney and the victim. Restorative justice may be used as a means of disposition, with judicial approval. In such a case, if the court finds that a juvenile or adult defendant successfully completed the restorative justice program, the charge shall be dismissed. If the court finds that a juvenile or adult defendant did not successfully complete the program or is in violation of program requirements, the case shall be returned to the court in order to commence with proceedings.
Section 3. A person shall not be eligible to participate in a community-based restorative justice program if that person is charged with: (i) a sexual offense as defined by section 1 of chapter 123A; (ii) an offense against a family or household member as defined by subsection (c) of section 13M of chapter 265; or (iii) an offense resulting in serious bodily injury.
Section 4. Participation in a community-based restorative justice program shall not be used as evidence or as an admission of guilt, delinquency or civil liability in legal proceedings. Statements made by a juvenile or adult defendant or a victim during the course of an assignment to a community-based restorative justice program shall be confidential and shall not be subject to disclosure in any judicial or administrative proceeding; provided, however, that nothing in this section shall preclude any evidence obtained through an independent source or that would have been inevitably discovered by lawful means from being admitted at such proceedings.
Section 5. There shall be a restorative justice advisory committee to review community-based restorative justice programs. The advisory committee shall consist of the following members: 1 member appointed by the senate president and 1 member appointed by the speaker of the house of representatives, who shall serve as co-chairs of the advisory committee; the secretary of public safety and security or a designee; the secretary of health and human services or a designee; the president of the Massachusetts District Attorneys Association or a designee; the chief counsel of the committee for public counsel services or a designee; the commissioner of probation or a designee; the president of the Massachusetts Chiefs of Police Association Incorporated or a designee; the executive director of the Massachusetts office for victim assistance or a designee; and 7 members appointed by the governor, 1 of whom shall be a retired Massachusetts trial court judge and 6 of whom shall be representatives of community-based restorative justice programs. Each member of the advisory committee shall serve a 6 year term, except for members appointed because of their official title, who shall be members for as long as they hold that title.
The advisory committee shall monitor and assist all community-based restorative justice programs to which a juvenile or adult defendant may be diverted pursuant to this chapter. The advisory committee shall track the use of community-based restorative justice programs through a partnership with an educational institution and shall make legislative, policy and regulatory recommendations to aid in the use of community-based restorative justice programs on topics including, but not limited to: (i) qualitative and quantitative outcomes for participants; (ii) recidivism rates of responsible parties; (iii) criteria for youth involvement and training; (iv) cost savings for the commonwealth; (v) training guidelines for restorative justice facilitators; (vi) data on racial, socioeconomic and geographic disparities in the use of community-based restorative justice programs; (vii) guidelines for restorative justice best practices; (viii) appropriate training and funding sources for community-based restorative programs; and (ix) plans for the expansion of restorative justice programs and opportunities throughout the commonwealth.
Annually, not later than December 31, the advisory committee shall submit a report with findings and recommendations to the governor and to the clerks of the senate and house of representatives.
SECTION 214. Section 70C of chapter 277 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 8, the words “, chapter 119”.
SECTION 215. Said section 70C of said chapter 277, as so appearing, is hereby further amended by striking out, in lines 10 and 11, the figures “13B1/2, 13B3/4, 13C, 14, 14B, 15, 15A, 16, 17, 18, 19, 20, 22A, 22B, 22C, 23, 23A, 23B” and inserting in place thereof the following figures:- 13C, 14, 14B, 15, 15A, 16, 17, 18, 19, 20, 23.
SECTION 216. Said section 70C of said chapter 277, as so appearing, is hereby further amended by inserting after the figure “28”, in line 14, the following figure:- , 29.
SECTION 217. Section 1 of chapter 279 of the General Laws, as so appearing, is hereby amended by inserting after the fourth sentence the following 2 sentences:-
When a person is sentenced to pay a fine of any amount, or is assessed fines, fees, costs, civil penalties or other expenses at disposition of a case, the court shall inform the person that: (i) nonpayment of the fines, fees, costs, civil penalties or expenses may result in commitment to a prison or place of confinement; (ii) payment must be made by a date certain; (iii) failure to appear at such date certain or failure to make the payment may result in the issuance of a default; and (iv) if an inability to pay exists as the result of a change in financial circumstances or for any other reason, the person has a right to address the court on that inability to pay. A person may not be committed or detained on a delinquency or youthful offender case for failure to pay a fee, fine or costs.
SECTION 218. Said chapter 279 is hereby further amended by inserting after section 6A the following section:-
Section 6B. (a) As used in this section the following terms shall have the following meanings:-
“Dependent child”, a person who is younger than 18 years of age.
“Primary caretaker of a dependent child”, a parent with whom a child has a primary residence or a woman who has given birth to a child after or while awaiting her sentencing hearing and who expresses a willingness to assume responsibility for the housing, health and safety of that child; provided, that a parent who, in the best interest of the child, has arranged for the temporary care of the child in the home of a relative or other responsible adult shall not for that reason be excluded from the definition of “primary caretaker of a dependent child”.
(b) Unless a sentence of incarceration is required by law, a defendant, upon conviction, shall have the right to have the court consider the defendant’s status as primary caretaker of a dependent child before imposing sentence. A defendant shall request such consideration, by motion supported by affidavit, not more than 10 days after the entry of judgment. Upon receipt of such a motion supported by affidavit, the court shall make written findings concerning the defendant’s status as a primary caretaker of a dependent child and the availability of appropriate individually assessed, non-incarcerative sentence alternatives. The court shall not impose a sentence of incarceration without first making such written findings.
SECTION 219. Section 35 of said chapter 279, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “shall”, in line 3, the following words:- , to the extent that an individual has been assigned a fingerprint-based state identification number and that such number has been provided to the court.
SECTION 220. Said section 35 of said chapter 279, as so appearing, is hereby further amended by inserting after the word “mittimus”, in line 4, the following words:- the person’s fingerprint-based state identification number,.
SECTION 221. Section 6A of chapter 280 of the General Laws, as so appearing, is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:- The court or justice may waive all or part of the cost assessment, the payment of which would impose a substantial financial hardship on the person convicted or the person’s family or dependents.
SECTION 222. Section 6B of said chapter 280, as so appearing, is hereby amended by striking out the words “18 years”, in line 3, and inserting in place thereof the following words:- criminal majority.
SECTION 223. Section 368 of chapter 26 of the acts of 2003 is hereby repealed.
SECTION 224. The commissioner of correction and the secretary of public safety and security shall promulgate rules and regulations necessary to implement section 119A of chapter 127 of the General Laws not later than 6 months after the effective date of this act.
SECTION 225. Not later than July 1, 2018, the commissioner of corrections and the sheriffs shall provide a plan to the chairs of the senate and house committees on ways and means as to the resources needed to comply with section 109. The plan shall include an accounting of efforts to reduce the population in restrictive housing so as to facilitate program improvements.
SECTION 226. There shall be a juvenile justice data task force to make recommendations on coordinating and modernizing the juvenile justice data systems and reports that are developed and maintained by state agencies and the courts. The task force shall consist of the following members or their designees: the chief justice of the trial court; the chief justice of the juvenile court; the secretary of health and human services; the commissioner of probation; the commissioner of youth services; the commissioner of children and families; the commissioner of mental health; the commissioner of transitional assistance; the executive director of Citizens for Juvenile Justice, Inc.; the president of the Massachusetts Society for the Prevention of Cruelty to Children; the executive director of the Children’s League of Massachusetts, Inc.; the executive director to the Massachusetts District Attorneys Association; the chief counsel of the committee for public counsel services; the child advocate; the chair of the juvenile justice advisory committee; a representative of the Massachusetts Chiefs of Police Association; and 2 members appointed by the governor, 1 of whom shall have experience or expertise related to the juvenile justice system or the design and implementation of juvenile justice data systems or both and 1 of whom shall be an independent expert in state administrative data systems.
The task force shall conduct not less than 1 public hearing. The task force shall analyze the capacities and limitations of the data systems and networks used to collect and report state and local juvenile caseload and outcome data. The analysis shall include the following: (i) a review of the relevant data systems, studies and models from the commonwealth and other states; (ii) identification of changes or upgrades to current data collection processes to remove inefficiencies, track and monitor state agency and court-involved juveniles and facilitate the coordination of information sharing between relevant agencies and the courts; (iii) identification of racial and ethnic disparities apparent within the juvenile justice system and ways to reduce such disparities; and (iv) any other matters which the task force determines may improve the collection and interagency coordination of juvenile justice data.
The task force shall file a report on the options for improving interagency coordination, modernization and upgrading of state and local juvenile justice data and information systems. The report shall include, but not be limited to: (i) recommended additional collection and reporting responsibilities for agencies, departments or providers; (ii) recommendations for the creation of a web-based statewide clearinghouse or information center that would make relevant juvenile justice information on operations, caseloads, dispositions and outcomes available in a user-friendly, query-based format for stakeholders and members of the public, including an assessment of the feasibility of implementing such a system; and (iii) a plan for improving the current juvenile justice reporting requirements, including streamlining and consolidating current requirements without sacrificing meaningful data collection and including a detailed analysis of the information technology and other resources necessary to implement improved data collection. The report shall be filed with the clerks of the senate and the house of representatives not later than January 1, 2019, and the clerks shall forward the report to the senate and house chairs of the joint committee on the judiciary and the senate and house chairs of the joint committee on children, families and persons with disabilities.
SECTION 227. There shall be a task force to evaluate how to collect fingerprint-based identification where the person against whom a complaint was issued or an indictment was made was not arrested. The task force shall consist of the following members or their designees: the secretary of public safety and security, who shall serve as chair; the chief justice of the trial court; and the president of the Massachusetts Chiefs of Police Association Incorporated. Not later than December 1, 2018, the task force shall file a report of its recommendations with the clerks of the senate and house of representatives, and the clerks shall forward the report to the senate and house chairs of the joint committee on the judiciary and the senate and house chairs of the joint committee on public safety and homeland security.
SECTION 228. There shall be a task force to evaluate the advisability, feasibility and impact of raising the age of juvenile court jurisdiction to defendants younger than 21 years of age. The study shall include, but not be limited to:(i) the benefits and disadvantages of including 19 and 20 year olds in the juvenile justice system; (ii) the impact of integrating 19 and 20 year olds into the under-19 population in the care and custody of the department of youth services; (iii) the ability to segregate young adults in the care and custody of the department of youth services from younger juveniles in such care; and (iv) the potential costs to the state court system and state and local law enforcement. The task force shall consider resources and facilities, if any, that could be reallocated from the adult system to the juvenile system and the advisability and feasibility of establishing a separate young adult court. The task force shall consist of the following members or their designees: the secretary of the executive office of public safety and security; the commissioner of youth services; the commissioner of the department of children and families; the commissioner of the department of correction; the commissioner of probation; the chief justice of the district court; the chief justice of the Boston municipal court; the chief justice of the superior court; the chief justice of the juvenile court department; the director of the juvenile court clinic; a designee of the Massachusetts District Attorneys Association; the chief counsel of the committee for public counsel services; 1 member appointed by the governor, who shall have expertise in the neurological development of young adults; 1 member appointed by the speaker of the house of representatives; 1 member appointed by the president of the senate; 1 member appointed by the minority leader of the house of representatives; 1 member appointed by the minority leader of the senate; the executive director of Citizens for Juvenile Justice, Inc.; and the child advocate. The task force shall select a chair from its members. Not later than January 1, 2019, the task force shall file a final report with the clerks of the senate and house of representatives, and the clerks shall forward the report to the senate and house chairs of the joint committee on the judiciary and the senate and house chairs of the joint committee on ways and means.
SECTION 229. Notwithstanding any general or special law to the contrary, juvenile records including, but not limited to, juvenile conviction data, juvenile arrest data or juvenile sealed record data shall not be shared with the registry of motor vehicles, except when a consequence of a sentencing decision is related to operating a motor vehicle, in which case such data may be shared by the court, probation, district attorney, law enforcement agencies, the department of criminal justice information services or any other agency or entity that lawfully possesses such records.
SECTION 230. The executive office of public safety and security may issue a temporary waiver from the requirements of section 1A of chapter 263 for a defined period of time to a police department that demonstrates, upon application to the executive office, that it has inadequate resources to implement that section.
SECTION 231. Notwithstanding any general or special law to the contrary, a person who is serving a sentence on the effective date of this act for an offense that required, at the time the person was sentenced on that offense, serving a minimum term of incarceration before the person became eligible for probation, parole, work release, release or deductions in sentence shall be eligible for probation, parole, work release, release and deductions in sentence if the offense, as of the effective date of this act, no longer requires serving a minimum term of incarceration before the person becomes eligible for probation, parole, work release, release or deductions in sentence.
SECTION 232. Sections 39 to 39D, inclusive, and 39F of chapter 127 of the General Laws, inserted by section 109, and section 110 shall take effect on July 1, 2018.
SECTION 233. Section 39E of said chapter 127, inserted by said section 109 shall take effect on January 1, 2019.
SECTION 234. Sections 1, 3, 7, 8, 34, 37, 38, 43, 44, 50, the definition of “Delinquent child” in section 65, 66, 67, 69, 71, 72, 73, 74, 75, 77, 78, 79, 80, 82, 83, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 102, 103, 113, 114, 115, 129, 131, 134, 137, 138, 139, 140, 141, 142, 143, 144, 164, 165, 166, 167, 168, 169, 170, 171, 172, 186, 187, 191, 192, 201, 203, 204, 207, and 222 shall take effect January 1, 2019.
SECTION 235. Sections 10, 52, 68, 108, 119, 125, 127, 132, 219, and 220 shall take effect on July 1, 2019.
SECTION 236. Section 22 shall take effect on September 1, 2018.
SECTION 237. Section 121 shall take effect on July 1, 2018.
SECTION 238. Section 122 shall take effect on July 1, 2019.
SECTION 239. Sections 123 and 124 shall take effect on July 1, 2020.