| 1 | 1 | | HOUSE . . . . . . . . No. 4598 |
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| 2 | 2 | | The Commonwealth of Massachusetts |
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| 3 | 3 | | ________________________________________ |
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| 4 | 4 | | HOUSE OF REPRESENTATIVES, May 9, 2024. |
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| 5 | 5 | | The committee on The Judiciary, to whom were referred the petition |
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| 6 | 6 | | (accompanied by bill, Senate, No. 993) of Adam Gomez and Sal N. |
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| 7 | 7 | | DiDomenico for legislation to update bail procedures for justice-involved |
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| 8 | 8 | | youth and the petition (accompanied by bill, House, No. 1494) of Brandy |
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| 9 | 9 | | Fluker Oakley and others for legislation to update bail procedures for |
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| 10 | 10 | | justice-involved youth, reports recommending that the accompanying bill |
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| 11 | 11 | | (House, No. 4598) ought to pass. |
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| 12 | 12 | | For the committee, |
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| 13 | 13 | | MICHAEL S. DAY. 1 of 2 |
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| 14 | 14 | | FILED ON: 4/30/2024 |
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| 15 | 15 | | HOUSE . . . . . . . . . . . . . . . No. 4598 |
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| 16 | 16 | | The Commonwealth of Massachusetts |
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| 17 | 17 | | _______________ |
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| 18 | 18 | | In the One Hundred and Ninety-Third General Court |
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| 19 | 19 | | (2023-2024) |
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| 20 | 20 | | _______________ |
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| 21 | 21 | | An Act updating bail procedures for justice-involved youth. |
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| 22 | 22 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 23 | 23 | | of the same, as follows: |
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| 24 | 24 | | 1 SECTION 1. Section 67 of chapter 119 of the General Laws, as appearing in the 2022 |
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| 25 | 25 | | 2Official Edition, is hereby amended by striking out subsections (a) and (b) and inserting in place |
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| 26 | 26 | | 3thereof the following subsections:- |
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| 27 | 27 | | 4 (a) Whenever a child who is not less than 12 and not more than 18 years of age is |
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| 28 | 28 | | 5arrested with or without a warrant, as provided by law, and the court or courts having jurisdiction |
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| 29 | 29 | | 6over the offense are not in session, the officer in charge shall immediately notify at least 1 of the |
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| 30 | 30 | | 7child’s parents or, if there is no parent, the guardian or custodian with whom the child resides or, |
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| 31 | 31 | | 8if the child is in the custody and care of the department of children and families, the department. |
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| 32 | 32 | | 9If the child is not less than 14 and not more than 18 years of age, the officer in charge shall also |
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| 33 | 33 | | 10immediately notify the bail magistrate, who shall inquire into the case. Pending such notice and |
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| 34 | 34 | | 11inquiry, the child shall be detained pursuant to subsection (c). |
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| 35 | 35 | | 12 (b) The youth shall be admitted to bail in accordance with the law. The bail magistrate |
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| 36 | 36 | | 13may direct the officer in charge of the police station or town lockup to accept the written promise 2 of 2 |
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| 37 | 37 | | 14of the parent, guardian, custodian or representative of the department of children and families to |
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| 38 | 38 | | 15be responsible for the presence of the child in court at the time and place when the child is |
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| 39 | 39 | | 16ordered to appear and the child shall be released to the person giving such promise. If no bail |
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| 40 | 40 | | 17magistrate is called the officer in charge may accept such written promise. If, in the case of a |
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| 41 | 41 | | 18child who is not less than 14 and not more than 18 years of age: (i) the court issuing a warrant for |
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| 42 | 42 | | 19the arrest of the child directs in the warrant that the child shall be held in safekeeping pending the |
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| 43 | 43 | | 20child’s appearance in court; (ii) the child is charged with a crime that is not bailable; or (iii) the |
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| 44 | 44 | | 21child is unable to furnish any sureties required by the bail magistrate for the child’s appearance, |
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| 45 | 45 | | 22the child shall be detained in a police station, town lockup, place of temporary custody |
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| 46 | 46 | | 23commonly referred to as a detention home of the department of youth services or any other home |
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| 47 | 47 | | 24approved by the department of youth services pending the child’s appearance in court; provided, |
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| 48 | 48 | | 25however, that if a child is so detained, the officer in charge of the police station or town lockup |
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| 49 | 49 | | 26shall notify the parent, guardian or custodian of the child or the appropriate representative of the |
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| 50 | 50 | | 27department of children and families of the detention of the child. |
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