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HOUSE DOCKET, NO. 2274 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1634
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Kate Lipper-Garabedian
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to judicial discretion for probation.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Kate Lipper-Garabedian32nd Middlesex1/19/2023Jason M. LewisFifth Middlesex2/7/2023 1 of 2
HOUSE DOCKET, NO. 2274 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1634
By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No.
1634) of Kate Lipper-Garabedian and Jason M. Lewis relative to judicial discretion for
probation. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1748 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to judicial discretion for probation.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 87 of chapter 276 of the General Laws is hereby amended by
2adding the following paragraph:-
3 “A judge may exercise discretion in placing a defendant on probation and consider the
4following:
5 (i) age;
6 (ii) nature of the defendant’s military service, if any;
7 (iii) education;
8 (iv) injuries or wounds sustained; 2 of 2
9 (v) military discipline record, if the defendant served in the military;
10 (vi) past and current medical status;
11 (vii) family and medical psychological reports;
12 (viii) nature of past criminal convictions, if any;
13 (ix) age of previous criminal convictions, if any;
14 (x) employment status;
15 (xi) arrest record;
16 (xii) nature of current criminal matter and, if violent, the nature and extent of any injuries
17to the victim and the relationship of victim to defendant;
18 (xiii) the availability of family and community support systems;
19 (xiv) the proposed probation terms; and
20 (xv) any other facts or circumstances having a bearing on pre-trial probation."