HOUSE . . . . . . . . No. 4598
The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, May 9, 2024.
The committee on The Judiciary, to whom were referred the petition
(accompanied by bill, Senate, No. 993) of Adam Gomez and Sal N.
DiDomenico for legislation to update bail procedures for justice-involved
youth and the petition (accompanied by bill, House, No. 1494) of Brandy
Fluker Oakley and others for legislation to update bail procedures for
justice-involved youth, reports recommending that the accompanying bill
(House, No. 4598) ought to pass.
For the committee,
MICHAEL S. DAY. 1 of 2
FILED ON: 4/30/2024
HOUSE . . . . . . . . . . . . . . . No. 4598
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 updating bail procedures for justice-involved youth.
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 67 of chapter 119 of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended by striking out subsections (a) and (b) and inserting in place
3thereof the following subsections:-
4 (a) Whenever a child who is not less than 12 and not more than 18 years of age is
5arrested with or without a warrant, as provided by law, and the court or courts having jurisdiction
6over the offense are not in session, the officer in charge shall immediately notify at least 1 of the
7child’s parents or, if there is no parent, the guardian or custodian with whom the child resides or,
8if the child is in the custody and care of the department of children and families, the department.
9If the child is not less than 14 and not more than 18 years of age, the officer in charge shall also
10immediately notify the bail magistrate, who shall inquire into the case. Pending such notice and
11inquiry, the child shall be detained pursuant to subsection (c).
12 (b) The youth shall be admitted to bail in accordance with the law. The bail magistrate
13may direct the officer in charge of the police station or town lockup to accept the written promise 2 of 2
14of the parent, guardian, custodian or representative of the department of children and families to
15be responsible for the presence of the child in court at the time and place when the child is
16ordered to appear and the child shall be released to the person giving such promise. If no bail
17magistrate is called the officer in charge may accept such written promise. If, in the case of a
18child who is not less than 14 and not more than 18 years of age: (i) the court issuing a warrant for
19the arrest of the child directs in the warrant that the child shall be held in safekeeping pending the
20child’s appearance in court; (ii) the child is charged with a crime that is not bailable; or (iii) the
21child is unable to furnish any sureties required by the bail magistrate for the child’s appearance,
22the child shall be detained in a police station, town lockup, place of temporary custody
23commonly referred to as a detention home of the department of youth services or any other home
24approved by the department of youth services pending the child’s appearance in court; provided,
25however, that if a child is so detained, the officer in charge of the police station or town lockup
26shall notify the parent, guardian or custodian of the child or the appropriate representative of the
27department of children and families of the detention of the child.