Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1804 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2501 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1804
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Andres X. Vargas
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to eliminate standard conditions in probation.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Andres X. Vargas3rd Essex1/9/2023 1 of 3
16	16	HOUSE DOCKET, NO. 2501 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1804
18	18	By Representative Vargas of Haverhill, a petition (accompanied by bill, House, No. 1804) of
19	19	Andres X. Vargas for legislation to eliminate standard conditions in probation. The Judiciary.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act to eliminate standard conditions in probation.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 87A of Chapter 276 of the General Laws is hereby amended by
29	29	2inserting after the first paragraph the following paragraph:-
30	30	3 All probation shall be presumed administrative and no condition of probation shall be
31	31	4ordered unless that condition specifically addresses the particular characteristics of the person
32	32	5and the crime for which probation is ordered. The judge must consider whether any condition
33	33	6ordered would have a rehabilitative effect or serve a legitimate public safety goal based on
34	34	7current criminal recidivism and rehabilitation research with clear and convincing evidence.
35	35	8 SECTION 2. Chapter 276 of the General Laws is hereby amended by inserting after
36	36	9section 87B the following section:-
37	37	10 Section 87BB. (a) The period of probation or suspension of sentence under section 87 of
38	38	11Chapter 276 shall be fixed by the court subject to the provisions of this section. Any probation or 2 of 3
39	39	12suspension of sentence may be terminated by the court at any time and upon such termination or
40	40	13upon termination by expiration of the term, an order to this effect shall be entered by the court.
41	41	14 (b) The maximum length of any period of probation or suspension of sentence shall be
42	42	15limited to:
43	43	16 (1) Three years, for any felony;
44	44	17 (2) One year, for any misdemeanor.
45	45	18 (c) Any offender who is serving more than 1 sentence of probation or suspension of
46	46	19sentence imposed following convictions in more than 1 case shall not serve a consecutive period
47	47	20of probation or suspension of sentence that is in excess of the limitations imposed by subsection
48	48	21(b) of this section. Any sentence of probation or suspension of sentence (or any portion thereof)
49	49	22which, if served consecutively to another such sentence, would result in an aggregate sentence of
50	50	23probation or suspension of sentence in excess of the limitations imposed by subsection (b) of this
51	51	24section shall be deemed to be concurrent to such other sentence. The provisions of this
52	52	25subsection shall not apply to a sentence imposed for a conviction involving an offense committed
53	53	26while the offender was serving a period of probation or suspension of sentence. Periods of
54	54	27committed time shall not count toward the aggregate time limit on probation or suspension of
55	55	28sentence supervision.
56	56	29 (d) The limitations set forth in subsections (b) and (c) of this section shall not apply:
57	57	30 (1) To any sentence imposed for a conviction of any sex offense under G.L. c. 6 178C if
58	58	31the sentencing court determines on the record that a longer period of probation or suspension of 3 of 3
59	59	32sentence will reduce the likelihood that the offender will commit a sex offense or other violent
60	60	33offense in the future; and best meets public safety and individual rehabilitative needs.
61	61	34 (2) To any sentence imposed for any offense if the sentencing court determines on the
62	62	35record that a longer period of probation or suspension of sentence is necessary to ensure the
63	63	36collection of any restitution ordered, except that any period of probation ordered pursuant to this
64	64	37paragraph that is in excess of the limitations set forth in subsections (b) and (c) of this section
65	65	38shall be administrative only.
66	66	39 (e) The limitations set forth in subsection (b) and (c) of this section may be exceeded by
67	67	40up to 90 days by the sentencing court if it determines that the defendant has not yet completed a
68	68	41substance use treatment program ordered by the court, provided, that each extension of sentence
69	69	42ordered pursuant to this subsection shall be preceded by a hearing, and by a finding on the
70	70	43record, that such extension of sentence is necessary to facilitate the completion of the substance
71	71	44abuse treatment program. Nothing in this section shall prohibit a court from terminating
72	72	45probation without completion of a substance use treatment program.
73	73	46 (f) Except as provided by subsection (g) of this section, in no event shall the total period
74	74	47of probation or suspension of sentence exceed the maximum term of commitment provided by
75	75	48law.
76	76	49
77	77	50