Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1005 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 2123 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1005
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Adam Gomez
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 relative to juvenile fees, fines, and restitution.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Adam GomezHampdenSal N. DiDomenicoMiddlesex and Suffolk2/9/2023 1 of 10
16	16	SENATE DOCKET, NO. 2123 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1005
18	18	By Mr. Gomez, a petition (accompanied by bill, Senate, No. 1005) of Adam Gomez and Sal N.
19	19	DiDomenico for legislation relative to juvenile fees, fines, and restitution. 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 relative to juvenile fees, fines, and restitution.
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. Chapter 119 of the General Laws, as appearing in the 2020 Official Edition,
29	29	2is hereby amended by striking out Section 29A.
30	30	3 SECTION 2. Section 55 of Chapter 119 of the General Laws, as appearing in the 2020
31	31	4Official Edition, is hereby amended by striking out the following words from the first
32	32	5paragraph:-
33	33	6 A parent, guardian or person with whom such child resides who is summoned to appear
34	34	7before the court to show cause why such child shall not be adjudged a delinquent child by reason
35	35	8of having committed the offense of willful or malicious destruction or wanton destruction of
36	36	9property, in violation of the provisions of section one hundred and twenty-seven or one hundred
37	37	10and twenty-seven A of chapter two hundred and sixty-six, and who willfully fails to so appear
38	38	11shall be punished by a fine of not less than two hundred nor more than three hundred dollars. 2 of 10
39	39	12 SECTION 3. Section 58B of Chapter 119 of the General Laws, as appearing in the 2020
40	40	13Official Edition, is hereby amended by inserting after the words “ section sixty-two “ the
41	41	14following words:-
42	42	15 subject to a determination of the youth's ability to pay. Restitution shall not be ordered in
43	43	16excess of the youth’s ability to pay and the length of time it may take a youth to pay may not be
44	44	17considered in determining the length of probation.”, and by amending it further by striking out
45	45	18the following words “; and in addition to or in lieu of such disposition, the court may impose
46	46	19upon such child a fine not exceeding the amount of the fine authorized for the violation of such
47	47	20statute, by-law, ordinance or regulation. Any fine imposed under the authority of this section
48	48	21shall be collected, recovered and paid over in the manner provided by chapters two hundred and
49	49	22seventy-nine and two hundred and eighty; provided, however, that if any child shall neglect, fail
50	50	23or refuse to pay a fine imposed under this section, he may be arrested upon order of the court and
51	51	24brought before the court, which may thereupon place him in the care of a probation officer or
52	52	25commit him to the custody of the department of youth services; but no such child shall be
53	53	26committed to any jail, house of correction, or correctional institution of the commonwealth.
54	54	27 SECTION 4. Chapter 119 of the General Laws, as appearing in the 2020 Official Edition,
55	55	28is hereby amended by adding the following section:-
56	56	29 Section 58C. Notwithstanding any general or special law or rule or regulation to the
57	57	30contrary, no fine or fee shall apply to any person based on an offense committed while under the
58	58	31age of criminal majority or the person’s parent, guardian, or legal custodian.
59	59	32 SECTION 5. Chapter 119 of the General Laws, as appearing in the 2020 Official Edition,
60	60	33is hereby amended by striking out Section 62, and inserting in its place the following:- 3 of 10
61	61	34 Section 62. If, in adjudging a person a delinquent child, the court finds, as an element of
62	62	35such delinquency, that he has committed an act involving liability in a civil action, and such
63	63	36delinquent child is placed on probation, the court may hold a restitution hearing. There shall be
64	64	37no mandatory order of restitution, and any order shall be made at the discretion of the presiding
65	65	38judge. At a restitution hearing, the court shall make a determination of a youth’s ability to pay.
66	66	39The amount set may not exceed the youth’s ability to pay and the length of time it may take a
67	67	40youth to pay may not be taken into consideration in determining the length of probation. The
68	68	41youth’s term of probation shall not be extended or revoked solely based upon the nonpayment of
69	69	42restitution. There shall be a presumption of inability to pay, which may be rebutted at a
70	70	43restitution hearing by evidence establishing that the youth (1) has an income that is 250% of the
71	71	44federal poverty line, independent of parental or other family income; (2) is not currently
72	72	45incarcerated, detained, or in out-of-home placement, and (3) is not receiving needs-tested
73	73	46government benefits, including but not limited to free school lunch, SNAP, TANF, SSI, or
74	74	47housing assistance. A juvenile for whom restitution is ordered who is not able to make
75	75	48restitution payments in the manner ordered by the court may move the court for a modification of
76	76	49the restitution order. If the court determines the juvenile is unable to pay the restitution in the
77	77	50time and manner ordered, the court may modify its prior order to allow additional time for
78	78	51payment, reduce the amount of restitution, or eliminate the amount of restitution ordered.
79	79	52 SECTION 6. Section 63 of Chapter 119 of the General Laws, as appearing in the 2020
80	80	53Official Edition, is hereby amended by inserting after “any person” in line 1 the following
81	81	54words:-
82	82	55 over the age of criminal majority when charged 4 of 10
83	83	56 SECTION 7. Section 69 of Chapter 119 of the General Laws, as appearing in the 2020
84	84	57Official Edition, is hereby amended by inserting after “warrant for his arrest” the following
85	85	58language:-
86	86	59 except that a warrant may not issue solely for nonpayment of fines or fees.
87	87	60 SECTION 8. Section 145 of Chapter 127 of the General Laws, as appearing in the 2020
88	88	61Official Edition, is hereby amended by striking section (e) and inserting in its place the
89	89	62following:-
90	90	63 (e) A justice of the trial court shall not commit a person to a prison, place of confinement
91	91	64or the department of youth services solely for the non-payment of money based on conduct that
92	92	65occurred committed while under the age of criminal majority.
93	93	66 SECTION 9. Section 2 of Chapter 211D of the General Laws, as appearing in the 2020
94	94	67Official Edition, is hereby amended by inserting after the words “motor vehicles,” the following
95	95	68words:-
96	96	69 No one accused of committing an offense while under the age of criminal majority will
97	97	70be assessed any fee for the appointment of counsel.
98	98	71 SECTION 10. Section 2A of Chapter 211D of the General Laws, as appearing in the
99	99	722020 Official Edition, is hereby amended by striking out in subsection (f), the words “under 18
100	100	73years of age,” and inserting in place thereof the following:-
101	101	74 alleged to have committed an offense committed while under the age of criminal
102	102	75majority, 5 of 10
103	103	76 SECTION 11. Chapter 258B of the General Laws, as appearing in the 2020 Official
104	104	77Edition, is hereby amended by striking out Section 8 and inserting in its place the following:-
105	105	78 Section 8. The court shall impose an assessment of no less than $90 against any person
106	106	79who is convicted of a felony or against whom a finding of sufficient facts for a conviction is
107	107	80made on a complaint charging a felony committed when over the age of criminal majority. The
108	108	81court shall impose an assessment of $50 against any person who is convicted of a misdemeanor
109	109	82or against whom a finding of sufficient facts for a conviction is made on a complaint charging a
110	110	83misdemeanor when over the age of criminal majority. The court shall impose an additional
111	111	84domestic violence prevention and victim assistance assessment of $50 for: (i) any violation of an
112	112	85order issued pursuant to sections 18 or 34B of chapter 208, section 32 of chapter 209, sections 3,
113	113	864 or 5 of chapter 209A or section 15 or 20 of chapter 209C; (ii) a conviction for an act which
114	114	87would constitute abuse, as defined in section 1 of chapter 209A; or (iii) a violation of section
115	115	8813M or 15D of chapter 265, which shall be deposited in the Domestic and Sexual Violence
116	116	89Prevention and Victim Assistance Fund, established in section 20 of chapter 17. The court,
117	117	90including the clerk-magistrate, or the registrar of motor vehicles shall impose an assessment of
118	118	91$45 against any violator who fails to pay the scheduled civil assessment for a civil motor vehicle
119	119	92infraction or to request a noncriminal hearing within the twenty day period provided for in
120	120	93subsection (A) of section three of chapter ninety C, except where the person is required by law to
121	121	94exercise the right to pay before a justice. When multiple civil motor vehicle infractions arising
122	122	95from a single incident are charged, the total assessment shall not exceed $75. In the discretion of
123	123	96the court or the clerk magistrate in the case of a civil motor vehicle infraction that has not been
124	124	97heard by or brought before a justice, a civil motor vehicle assessment imposed pursuant to this
125	125	98section which would cause the person against whom the assessment is imposed severe financial 6 of 10
126	126	99hardship, may be reduced or waived. If it is determined by a written finding of fact that an
127	127	100assessment, other than for a civil motor vehicle infraction imposed by this section would cause a
128	128	101substantial financial hardship to the person against whom the assessment is imposed or the
129	129	102person's immediate family or the person's dependents, the court may waive the fee or structure a
130	130	103payment plan in order to ensure compliance with payment; provided, however, that the court
131	131	104may order a person required to pay a domestic violence prevention and victim assistance
132	132	105assessment to complete at least 8 hours of community service in order to satisfy such assessment,
133	133	106if a structured payment would continue to impose a severe financial hardship. Such a finding
134	134	107shall be made independently of a finding of indigency for purposes of appointing counsel. If the
135	135	108person is sentenced to a correctional facility in the commonwealth and the assessment has not
136	136	109been paid, the court shall note the assessment on the mittimus.
137	137	110 All such assessments made shall be collected by the court or by the registrar, as the case
138	138	111may be, and shall be transmitted monthly to the state treasurer. If the person convicted is
139	139	112sentenced to a correctional facility in the commonwealth, the superintendent or sheriff of the
140	140	113facility shall deduct any part or all of the monies earned or received by any inmate and held by
141	141	114the correctional facility, to satisfy the victim and witness assessment, and shall transmit such
142	142	115monies to the court monthly. The assessment from any conviction which is subsequently
143	143	116overturned on appeal shall be refunded by the court to the person whose conviction is
144	144	117overturned. Said court shall deduct such funds from the assessments transmitted to the state
145	145	118treasurer. Assessments pursuant to this section shall be in addition to any other fines or
146	146	119restitution imposed in any disposition.
147	147	120 When a determination of the order of priority for payments required of a defendant must
148	148	121be made by the court or other criminal justice system personnel required to assess and collect 7 of 10
149	149	122such fines, assessments or other payments, the victim and witness assessment and the domestic
150	150	123violence prevention and victim assistance assessment mandated by this section shall be the
151	151	124defendant's first obligation.
152	152	125 SECTION 12. Section 1 of Chapter 258C of the General Laws, as appearing in the 2020
153	153	126Official Edition, is hereby amended by inserting the following language in the definition of the
154	154	127word “victim” after the word “death”:- a person who suffers a financial loss as the result of a
155	155	128crime committed by a person under the age of criminal majority, or personal physical or
156	156	129psychological injury or death:
157	157	130 SECTION 13. Section 2 of Chapter 258C of the General Laws, as appearing in the 2020
158	158	131Official Edition, is hereby amended by inserting the following:-
159	159	132 Section 2. (a) No compensation shall be paid under this chapter unless the division finds
160	160	133that a crime was committed and that such crime (i) was committed by a person under the age of
161	161	134criminal majority and resulted in a financial loss to the victim or (ii) directly resulted in personal
162	162	135physical or psychological injury to, or death of, the victim.
163	163	136 (b) No compensation shall be paid under this chapter unless the claimant demonstrates
164	164	137that the crime was reported to the police or other law enforcement authorities or to an agency or
165	165	138entity obligated by law to report complaints of criminal misconduct to law enforcement
166	166	139authorities. Except in the case where the division finds such report to have been delayed for good
167	167	140cause, such report shall have been made within five days after the occurrence of such crime;
168	168	141provided, however, that a claimant who was a victim under 18 years of age shall not be required
169	169	142to file such report within 5 days. 8 of 10
170	170	143 (c) A claimant shall be eligible for compensation only if such claimant cooperates with
171	171	144law enforcement authorities in the investigation and prosecution of the crime in which the victim
172	172	145suffered a financial loss as a result of a crime committed by a person under the age of criminal
173	173	146majority or was injured or killed unless the claimant demonstrates that he possesses or possessed
174	174	147a reasonable excuse for failing to cooperate.
175	175	148 (d) A claimant shall not be eligible for compensation if such compensation would
176	176	149unjustly benefit the offender; provided, however, that a claimant shall not, except pursuant to
177	177	150regulations enacted in accordance with section four to prevent unjust enrichment, be denied
178	178	151compensation because of such claimant's or victim's familial relationship with the offender or
179	179	152because of the sharing of a residence by the victim or claimant and the offender.
180	180	153 (e) An offender or an accomplice of an offender shall not be eligible to receive
181	181	154compensation with respect to a crime committed by an offender. To the extent that the victim's
182	182	155acts or conduct provoked or contributed to the injuries, the division may reduce or deny an award
183	183	156to the claimant or claimants in accordance with regulations enacted pursuant to section four. In
184	184	157the event of a victim's death by homicide, an award may be reduced except that the costs for
185	185	158appropriate and modest funeral, burial or cremation services shall be paid by the fund.
186	186	159 [There is no subsection (f).]
187	187	160 (g) The claimant may retain counsel under this chapter. Attorneys fees shall be deducted
188	188	161from, and not in addition to, the total award for compensation. No attorney’s fees shall be paid
189	189	162unless the attorney submits an affidavit which sets forth the hours worked and the services
190	190	163rendered for representing the claimant in the claim for compensation. The division may include 9 of 10
191	191	164as part of its award, reasonable attorney’s fees to be determined by the division in an amount not
192	192	165to exceed fifteen percent of the total award for compensation.
193	193	166 SECTION 14. Section 30 of Chapter 276 of the General Laws, as appearing in the 2020
194	194	167Official Edition, is hereby amended by inserting in the first sentence after the words “any
195	195	168person,” the following:-
196	196	169 excepting individuals alleged to have committed an offense while under the age of
197	197	170criminal majority,
198	198	171 SECTION 15. Section 87A of Chapter 276 of the General Laws, as appearing in the 2020
199	199	172Official Edition, is hereby amended by striking out before (ii) the word “or” and inserting in the
200	200	173first paragraph after the words “written certification,” the following words:-
201	201	174 or (iii) solely on the basis of nonpayment of a fine, fee, restitution, or other monetary
202	202	175obligation imposed as a result of an offense committed while under the age of criminal majority.
203	203	176 SECTION 16. Section 87A of Chapter 276 of the General Laws, as appearing in the 2020
204	204	177Official Edition, is hereby amended by inserting the following:-
205	205	178 Notwithstanding this section or any other general or special law to the contrary, no fee or
206	206	179surcharge required pursuant to this section shall be assessed upon any person placed on probation
207	207	180for an offense committed while under the age of criminal majority.
208	208	181 SECTION 17. On the effective date of this section, the balance of any court-assessed or
209	209	182court-ordered costs imposed against a juvenile, or other person who is liable for the support of a
210	210	183juvenile, are unenforceable and not collectable. 10 of 10
211	211	184 SECTION 18. Section 178Q of Chapter 6 of the General Laws, as appearing in the 2020
212	212	185Official Edition, is hereby amended by inserting after “upon every sex offender” the following:-
213	213	186except those who committed their offense while under the age of criminal majority.