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