Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1005

Introduced
2/16/23  

Caption

Relative to juvenile fees, fines, and restitution

Impact

The implications of S1005 are far-reaching, as it not only reformulates the landscape of juvenile penalties but also aligns Massachusetts' legal framework more closely with principles of equity and social justice. By abolishing fees and fines that would have previously been attached to juvenile offenses, the bill aims to prevent the criminalization of poverty, particularly among youth. Additionally, the changes regarding restitution foster a more rehabilitative environment, allowing juveniles the opportunity to fulfill their obligations without the overhang of unmanageable financial responsibilities.

Summary

S1005, an Act relative to juvenile fees, fines, and restitution, represents a significant shift in how Massachusetts approaches juvenile justice. The bill amends various sections of Chapter 119 of the General Laws, specifically targeting the financial aspects of juvenile delinquency proceedings. Key provisions include the elimination of fines for offenses committed by individuals under the age of criminal majority and restrictions on the imposition of restitution to fit the youth's ability to pay. This ensures that financial burdens do not disproportionately affect economically disadvantaged youths and their families.

Contention

Notably, the bill faced contention among lawmakers, particularly between those advocating for strict accountability within the juvenile justice system and proponents of rehabilitation-focused reforms. Critics expressed concerns that eliminating financial penalties could undermine accountability and the perceived seriousness of offenses. Conversely, supporters argued that such measures disproportionately affect underprivileged families, placing an unfair burden on them while failing to promote genuine rehabilitation for youth. Ultimately, S1005 addresses these concerns through thoughtful provisions that promote restorative justice without sacrificing accountability.

Notable_points

S1005 also introduces a presumption of inability to pay restitution for juveniles, which can be rebutted through specific evidence. This aspect is designed to protect at-risk youth from punitive measures that do not consider their socioeconomic status. By prioritizing a rehabilitative approach, the bill seeks to foster a system where young individuals can address their wrongdoings without the weight of financial penalties that could impede their reintegration into society.

Companion Bills

MA S959

Similar To To prevent the imposition of mandatory minimum sentences based on juvenile adjudications

MA S1086

Similar To Relative to juvenile offenders

MA H1461

Similar To Relative to juvenile fees, fines, and restitution

MA H3595

Similar To Relative to special immigrant juveniles

MA S2593

Similar To To prevent the imposition of mandatory minimum sentences based on juvenile adjudications

MA S2753

Replaced by Order relative to authorizing the joint committee on the Judiciary to make an investigation and study of certain current Senate documents relative to judicial matters.

Similar Bills

MI HB4371

Employment security: benefits; time period to initiate administrative or court action to recover improperly paid benefits or issue a restitution determination; modify and require notice of certain rights for certain determinations to become final. Amends sec. 62 of 1936 (Ex Sess) PA 1 (MCL 421.62).

MI HB4051

Employment security: administration; prohibition against the recovery of improperly paid benefits; expand to include certain errors made by the unemployment agency during a certain period of time and prohibit certain improperly paid benefits from being charged to certain accounts and funds. Amends sec. 62 of 1936 (Ex Sess) PA 1 (MCL 421.62) & adds sec. 62a.

CA SB530

Exoneration: compensation.

WV SB63

Authorizing restitution to victims of securities fraud

WV HB2196

Mandating restitution to children of victims of negligent homicide or driving under the influence causing death

MA H1461

Relative to juvenile fees, fines, and restitution

CA SB1268

Crimes: fraud.

MO SB36

Creates provisions relating to compensation for wrongful convictions