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Massachusetts House Bill H1802

Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1802 Compare Versions

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22 HOUSE DOCKET, NO. 1707 FILED ON: 1/18/2023
33 HOUSE . . . . . . . . . . . . . . . No. 1802
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Andres X. Vargas
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act improving juvenile justice data collection.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Andres X. Vargas3rd Essex1/18/2023Frank A. Moran17th Essex1/26/2023David Paul Linsky5th Middlesex2/6/2023Russell E. Holmes6th Suffolk2/22/2023Jacob R. OliveiraHampden, Hampshire and Worcester3/13/2023 1 of 14
1616 HOUSE DOCKET, NO. 1707 FILED ON: 1/18/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 1802
1818 By Representative Vargas of Haverhill, a petition (accompanied by bill, House, No. 1802) of
1919 Andres X. Vargas and others relative to improving juvenile justice data collection. The
2020 Judiciary.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act improving juvenile justice data collection.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. The purpose of these provisions is to ensure that the Commonwealth
3030 2establishes systems to collect accurate, consistent, and comprehensive data on juveniles’ contacts
3131 3with officials in the law enforcement and juvenile justice systems.
3232 4 SECTION 2. Section 12(a) of Chapter 18C of the General Laws is hereby amended by
3333 5inserting the words “or any law protecting the confidentiality of juvenile justice records and
3434 6information” after “20K of chapter 233”
3535 7 SECTION 3. Chapter 18C of the General Laws is hereby further amended by inserting
3636 8after section 14, the following section:
3737 9 Section 15. Collection and Reporting of Juvenile Justice Data
3838 10 (a)The child advocate shall report statistical data on the juvenile justice system
3939 11annually by December 31st to the governor, the house and senate chairs of the joint committee 2 of 14
4040 12on the judiciary, the house and senate chairs of the joint committee on public safety and
4141 13homeland security, the house and senate chairs of the committee on children, families and
4242 14persons with disabilities, the chief justice of the supreme judicial court and the chief justice of
4343 15the trial court. The report, which shall be made public pursuant to reporting recommendations of
4444 16the Juvenile Justice Policy and Data Board as required by section 89 of chapter 119, shall include
4545 17statistics on the utilization of the juvenile justice system at various process points as well as
4646 18information on decisions made at justice system decision points impacting juveniles, as
4747 19described in Section 89 and Section 90 of Chapter 119 of the General Laws.
4848 20 (b)The child advocate shall request data from relevant Offices and Departments
4949 21holding data necessary to complete the aforementioned report at least annually and may request
5050 22data be provided on a quarterly basis.
5151 23 (c)The Child Advocate shall issue guidance, in consultation with the Juvenile Justice
5252 24Policy and Data Board, for the administration and enforcement of this section, including
5353 25guidance establishing (1) schedules for the submission, transmission and publication of the data
5454 26(2) the format and form that the aforementioned data from Offices and Departments shall take,
5555 27including any requirements that data should be available for analysis or disaggregation, and the
5656 28format that transmission of the data shall take (3) the categories and types of data on juvenile
5757 29interactions with the justice system to be submitted by each agency. The child advocate may
5858 30request, and all Offices and Departments subject to this law shall provide, individual-level
5959 31data to facilitate analysis, provided that the child advocate shall be bound by any limitations on
6060 32the use or release of such individual-level data imposed by law upon the party furnishing such
6161 33information as described in Section 12 of this chapter. 3 of 14
6262 34 (d)The guidance required by subsection (c) shall, at minimum, require data be
6363 35provided in such a way as to allow cross tabulated analysis by demographic subgroups including,
6464 36at a minimum, age at the time of offense, sex/gender, gender identity and expression, racial or
6565 37ethnicity category, sexual orientation, charge type and level, geographic location such as county
6666 38or court location, involvement with the Department of Children and Families and any
6767 39combination thereof. The Child Advocate shall provide guidance about the manner in which
6868 40demographic data is designated and collected, with consideration of the juveniles’ self-reporting
6969 41of such categories based on data reporting standards issued by the Juvenile Justice Policy and
7070 42Data Board as required by section 89 of chapter 119.
7171 43 SECTION 4. Section 89 of chapter 119 of the General Laws, as appearing in section 80
7272 44of chapter 69 of the acts of 2018, is hereby amended by inserting after the definition of “criminal
7373 45justice agency” the following paragraph:-
7474 46 “Gender identity” shall be defined pursuant to clause 59 of section 7 of chapter 4 of the
7575 47General Laws
7676 48 SECTION 5. Section 89 of said chapter 119, as so appearing, is hereby further amended
7777 49by inserting after the definition of “racial or ethnic category” the following paragraph:-
7878 50 “Sexual orientation”, having an orientation for or being identified as having an
7979 51orientation, for heterosexuality, bisexuality, or homosexuality.
8080 52 SECTION 6. Subsection (b) of section 89 of said chapter 119 of the General Laws, as so
8181 53appearing, is hereby further amended by striking the words “mental health care system”, and
8282 54inserting in place thereof the words “mental health care and child welfare systems” 4 of 14
8383 55 SECTION 7. Chapter 119 of the General Laws, as appearing in section 80 of chapter 69
8484 56of the acts of 2018, is hereby amended by inserting after section 89 the following section:
8585 57 Section 90. Collection and Reporting of Juvenile Justice Data
8686 58 (a)As used in this section the following words shall, unless the context clearly
8787 59requires otherwise, have the following meaning:—
8888 60 (1)“Justice system decision point” shall refer to set points in the justice process
8989 61where a criminal justice agency makes a decision which results in a change in a juvenile’s status,
9090 62including, but not limited to: decisions to refer a juvenile to a diversion program; to arrest a
9191 63juvenile or issue a court summons; to hold a juvenile in custody prior to arraignment; to file a
9292 64delinquency or criminal complaint; to advance a delinquency or criminal complaint; to proceed
9393 65with a prosecution; to make a finding as to legal competency; to issue an indictment; to arraign a
9494 66juvenile; to dismiss a case; to hold a hearing regarding dangerousness; to detain a juvenile
9595 67without bail; to transfer a case to district or superior Court; to impose bail; to impose pretrial
9696 68release conditions; to place a juvenile on an electronic monitoring device, either as a condition of
9797 69pretrial release, as a condition of probation after disposition of a case to revoke bail; to order a
9898 70juvenile to be held in detention; to continue a case without a finding; to adjudicate a juvenile; to
9999 71issue a disposition; to place a juvenile on probation; to issue probation conditions; to commit a
100100 72juvenile to the Department of Youth Services; to sentence a juvenile to serve time in an adult
101101 73custodial facility; to refer a juvenile to a court for a probation violation; to revoke a juvenile’s
102102 74probation; to confine a juvenile; to change a juvenile’s placement type in a custodial facility; to
103103 75issue a grant of conditional liberty; to grant or revoke a grant of conditional liberty; to grant
104104 76parole after an initial parole hearing; to grant parole after a subsequent review hearing; to revoke 5 of 14
105105 77parole; to certify or deny sealing or expungement petition, pursuant to sections 100B, 100F and
106106 78100G of Chapter 276 of the General Laws.
107107 79 (2)“Juvenile” shall be defined pursuant to Section 89 of Chapter 119 of the General
108108 80Laws.
109109 81 (b)All criminal justice agencies, as defined by Section 89 of Chapter 119 of the
110110 82General Laws, shall comply with data requests from the child advocate pursuant to section 15 of
111111 83Chapter 18C regarding decisions made impacting juveniles at justice system decision points.
112112 84The attorney general may enforce the provisions of this paragraph by a suit in equity commenced
113113 85in the superior court.
114114 86 (c)The department of state police, municipal police departments, Massachusetts Bay
115115 87Transportation Authority police, any police or law enforcement officer stationed at or affiliated
116116 88with a local education authority, and any contractor, vendor or service-provider working with
117117 89such police including any alternative lock-up programs, shall collect and provide the necessary
118118 90information to comply with the data request from the child advocate pursuant to Section 15 of
119119 91Chapter 18C for each juvenile subjected to the following contacts for each fiscal year, provided
120120 92on a quarterly basis if requested by the child advocate:
121121 93 (1) referral to and/or use of diversion programming; and
122122 94 (2) custodial arrests and issuance of court summons
123123 95 (d)Clerk magistrates shall collect and provide the necessary information to comply
124124 96with the data request from the child advocate pursuant to Section 15 of Chapter 18C for each 6 of 14
125125 97juvenile subjected to the following contacts for each fiscal year, provided on a quarterly basis if
126126 98requested by the child advocate:
127127 99 (1)application for complaint filed;
128128 100 (2)finding of probable cause;
129129 101 (3)diversion from further court proceedings, including referral to and/or use of
130130 102diversion programming;
131131 103 (4)complaint issued;
132132 104 (5)appeal to judge of the finding by the clerk magistrate; and
133133 105 (6)complaint issued after appeal.
134134 106 (e)The district attorneys shall collect and provide the necessary information to
135135 107comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C for
136136 108each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly
137137 109basis if requested by the child advocate:
138138 110 (1)decision not to proceed with prosecution, including but not limited to entering a
139139 111nolle prosequi or moving to dismiss a case;
140140 112 (2)diversion from further court proceedings, including referral to and/or use of
141141 113diversion programming;
142142 114 (3)decision to proceed with dangerousness hearing pursuant to section 58A of
143143 115chapter 276 7 of 14
144144 116 (4)indictment as a youthful offender;
145145 117 (5)dismissal of indictment/dismissal of indictment in exchange for other action; and
146146 118 (6)prosecution in criminal court under section 74 of chapter 119 of the General
147147 119Laws.
148148 120 (f)The juvenile court department shall collect and provide the necessary information
149149 121to comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C
150150 122for each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly
151151 123basis if requested by the child advocate:
152152 124 (1)arraignment as a delinquent
153153 125 (2)arraignment as a youthful offender;
154154 126 (3)diversion from further court proceedings, including referral to and/or use of
155155 127diversion programming pursuant to section 54A of chapter 119 of the General Laws;
156156 128 (4)court hearing on dangerousness pursuant to section 58A of chapter 276 of the
157157 129General Laws;
158158 130 (5)competency hearing;
159159 131 (6)transfer of case to adult criminal court under section 72A of chapter 119 of the
160160 132General Laws;
161161 133 (7)imposition of bail or order to hold without bail; 8 of 14
162162 134 (8)imposition of pretrial release conditions, including pre-trial probation pursuant to
163163 135section 87 of chapter 276 of the General Laws;
164164 136 (9)bail revocation hearings;
165165 137 (10)cases which are continued without a finding pursuant to section 18 of chapter 278
166166 138and to section 58 of chapter 119 of the General Laws;
167167 139 (11)dismissal of charges;
168168 140 (12)adjudication as a delinquent;
169169 141 (13)adjudication as a youthful offender;
170170 142 (14)imposition of an adult sentence pursuant to section 58 of chapter 119 of the
171171 143General Laws;
172172 144 (15)disposition, including but not limited to:
173173 145 i. sentence to probation;
174174 146 ii.commitment to the department of youth services pursuant to section 58 of chapter
175175 147119 of the General Laws;
176176 148 (16)commitment to the department of youth services pursuant to section 2 of chapter
177177 149279 of the General Laws that are suspended;
178178 150 (17)juvenile surrendered on criminal and non-criminal violations of probation;
179179 151 (18)commitments to department of youth services following a probation violation; and 9 of 14
180180 152 (19)revocation of a continuation without a finding pursuant to pursuant to section 18
181181 153of chapter 278 and to section 58 of chapter 119 of the General Laws;
182182 154 (g)The office of the commissioner of probation shall collect and provide the
183183 155necessary information to comply with the data request from the child advocate pursuant to
184184 156Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal
185185 157year, provided on a quarterly basis if requested by the child advocate:
186186 158 (1)referral to and/or use of diversion programming;
187187 159 (2)supervision of pre-trial probation;
188188 160 (3)supervision of continuances without a finding;
189189 161 (4)supervision of juvenile on probation; and
190190 162 (5)referral to the court for a probation violation.
191191 163 (6)number of petitions and number of allowances and denials on petitions for
192192 164sealing, pursuant to section 100B of Chapter 276 of the General Laws;
193193 165 (7)number of petitions and number of allowances and denials of petitions for
194194 166expungement, pursuant to sections 100F, 100G and 100H of Chapter 276 of the General Laws;
195195 167 (8)number of petitions and number of allowances and denials of petitions for
196196 168expungement, pursuant to section 100K of Chapter 276 of the General Laws;
197197 169 (9)number of petitions and number of allowances and denials on petitions for
198198 170sealing, pursuant to section 100A of Chapter 276 of the General Laws; 10 of 14
199199 171 (10)number of juveniles on GPS monitoring, disaggregated by race, ethnicity, gender,
200200 172county, court, length of time on GPS
201201 173 (h)The department of youth services and any contractor, vendor or service provider
202202 174working with said department including alternative lock-up programs shall collect and provide
203203 175the necessary information to comply with the data request from the child advocate pursuant to
204204 176Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal
205205 177year, provided on a quarterly basis if requested by the child advocate:
206206 178 (1) pre-arraignment detention;
207207 179 (2) pre-trial detention;
208208 180 (3) commitment;
209209 181 (4) placement type, including, but not limited to, security level
210210 182 (5) notice of revocation of grants of conditional liberty;
211211 183 (6) hearing on grants of conditional liberty; and
212212 184 (7) revocation of grants of conditional liberty for violation of conditions of liberty; and
213213 185 (8) voluntary extensions of commitments with the department of youth services.
214214 186 (i)The district and superior court shall collect and provide the necessary information
215215 187to comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C
216216 188for each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly
217217 189basis if requested by the child advocate: 11 of 14
218218 190 (1) arraignment for murder in the first degree and murder in the second degree; and
219219 191 (2) convictions.
220220 192 (j)The department of correction and each sheriff’s department shall collect and
221221 193provide the necessary information to comply with the data request from the child advocate
222222 194pursuant to Section 15 of Chapter 18C for each juvenile subjected to the following contacts for
223223 195each fiscal year, provided on a quarterly basis if requested by the child advocate:
224224 196 (1) pre-arraignment detention;
225225 197 (2) pre-trial detention;
226226 198 (3) post-disposition confinement of youthful offenders; and
227227 199 (4) post-conviction confinement for murder.
228228 200 (k)The parole board shall collect and provide the necessary information to comply
229229 201with the data request from the child advocate pursuant to Section 15 of Chapter 18C for each
230230 202juvenile subjected to the following contacts for each fiscal year, provided on a quarterly basis if
231231 203requested by the child advocate:
232232 204 (1)grant of parole after an initial parole hearing;
233233 205 (2)grant of parole after a subsequent review hearing;
234234 206 (3)supervision of parole; and
235235 207 (4)revocation of parole. 12 of 14
236236 208 (l)The Executive Office of Public Safety and Security shall be responsible for
237237 209assembling the data requested by the child advocate pursuant to Section 15 of Chapter 18C
238238 210collected by the below offices and departments. Said data shall be provided to the Office of the
239239 211Child Advocate no later than 75 days after the end of the fiscal year or quarter if the child
240240 212advocate requests data on a quarterly basis.
241241 213 1. The Commissioner of the Department of Correction
242242 214 2. Sheriffs of each County;
243243 215 3. The Parole Board;
244244 216 4. The Department of the State Police;
245245 217 5. Municipal police departments;
246246 218 6. The Massachusetts Bay Transportation Authority Police;
247247 219 7. School based police, including those from any local education authority;
248248 220 8. Alternative Lock-up Programs; and
249249 221 9. any other contractor, vendor or service provider working with school based or
250250 222other police officers.
251251 223 (m)The Massachusetts District Attorneys Association shall be responsible of
252252 224assembling data requested by the child advocate pursuant to Section 15 of Chapter 18C collected
253253 225by District Attorney’s Offices. Said data shall be provided to the Office of the Child Advocate no
254254 226later than 75 days after the end of the fiscal year or quarter if the child advocate requests data on
255255 227a quarterly basis. 13 of 14
256256 228 (n)The Court Administrator shall be responsible for assembling data requested by the
257257 229child advocate pursuant to Section 15 of Chapter 18C collected by judicial officers and court
258258 230personnel including the Commissioner of Probation, judicial officers and court personnel, and
259259 231the Executive Director of Community Correction. Said data shall be provided to the Office of the
260260 232Child Advocate no later than 75 days after the end of the fiscal year or quarter if the child
261261 233advocate requests data on a quarterly basis.
262262 234 (o)The Department of Youth Services shall be responsible for assembling data
263263 235requested by the child advocate pursuant to Section 15 of Chapter 18C collect by all department
264264 236personnel, contractors or vendors working with the Department. Said data shall be provided to
265265 237the Office of the Child Advocate no later than 75 days after the end of the fiscal year or quarter if
266266 238the child advocate requests data on a quarterly basis.
267267 239 (p)Notwithstanding any law to the contrary, the child advocate may request, and all
268268 240Offices and Departments subject to this law shall provide upon request, individual level data to
269269 241facilitate analysis by the Office of the Child Advocate, provided that the child advocate shall be
270270 242bound by any limitations on the use or release of such individual-level data imposed by law upon
271271 243the party furnishing such information as described in Section 12 of Chapter 18C. Any individual
272272 244data described or acquired under the provisions of this section shall be used only for statistical
273273 245purposes and may not be disseminated if it contains data that reveal the identity of an individual
274274 246who had contact with the juvenile justice system within the meaning of this chapter.
275275 247 (q)If any Offices or Departments subject to this law are unable to fulfill the data
276276 248request made by the child advocate, in whole or in part, they shall submit to the child advocate a
277277 249report detailing what data could not be provided, stating clearly the reason data could not be 14 of 14
278278 250provided, and clearly documenting the efforts the Office or Department has made and will make
279279 251to ensure data can be provided in the future. If the data cannot be provided due to budgetary
280280 252constraints, the Office or Department shall provide a budget detailing the additional funding
281281 253required to fulfill the data request. These reports on data availability shall be included in the
282282 254annual juvenile justice data report of the child advocate pursuant to Section 15 of Chapter 18C
283283 255and shall b