Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1045 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 752 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1045
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Liz Miranda
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 to reduce mass incarceration.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Liz MirandaSecond SuffolkAdam GomezHampden2/13/2023Patricia D. JehlenSecond Middlesex2/21/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/21/2023Lydia EdwardsThird Suffolk3/2/2023 1 of 5
16	16	SENATE DOCKET, NO. 752 FILED ON: 1/18/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1045
18	18	By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1045) of Liz Miranda, Adam
19	19	Gomez, Patricia D. Jehlen, Joanne M. Comerford and others for legislation to reduce mass
20	20	incarceration. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1797 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act to reduce mass incarceration.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 133A of chapter 127 of the General Laws as it appears in the 2020
32	32	2Official Edition, is hereby amended by striking, in the first sentence of the first paragraph, the
33	33	3phrases: “except prisoners confined to the hospital at the Massachusetts Correctional Institution,
34	34	4Bridgewater, except prisoners serving a life sentence for murder in the first degree who had
35	35	5attained the age of 18 years at the time of the murder and except prisoners serving more than 1
36	36	6life sentence arising out of separate and distinct incidents that occurred at different times, where
37	37	7the second offense occurred subsequent to the first conviction,”; and by inserting in the first
38	38	8paragraph after the phrase “of the minimum term fixed by the court under section 24 of chapter
39	39	9279.” the following sentence:- Provided, however, that in the case of a prisoner serving more
40	40	10than 1 life sentence arising out of separate and distinct incidents that occurred at different times, 2 of 5
41	41	11where the second offense occurred subsequent to the first conviction, such prisoner shall be
42	42	12eligible for parole 25 years after the start of the second or most recent sentence.
43	43	13 SECTION 2. Amend Section 133C of chapter 127 of the General Laws at it appears in
44	44	14the 2020 Official Edition, is hereby amended by striking, in the first paragraph, the phrase:
45	45	15“except prisoners serving a life sentence for murder in the first degree who had attained the age
46	46	16of 18 years at the time of the murder and prisoners confined to the hospital at the Massachusetts
47	47	17Correctional Institution, Bridgewater.”
48	48	18 SECTION 3. Subsection (a) of section 2 of chapter 265 of the General Laws as it appears
49	49	19in the 2020 Official Edition, is hereby amended by striking the phrase: “not be eligible for parole
50	50	20pursuant to section 133A of Chapter 127.”, and inserting in place thereof the phrase:- shall be
51	51	21eligible for parole after a term of years fixed by the court pursuant to section 24 of chapter 279.
52	52	22 SECTION 4. Amend subsection (b) of section 2 of Chapter 265 of the General Laws as it
53	53	23appears in the 2020 Official Edition, by inserting in the fourth line, after the words “term of
54	54	24years” :- but no more than 25 years, as.
55	55	25 SECTION 5. Section 24 of chapter 279 of the General Laws as it appears in the 2014
56	56	26Official Edition, is hereby amended by striking, in the first paragraph, the phrase: “which shall
57	57	27be not less than 15 years nor more than 25 years,” and insert in place thereof the phrase:- of 15
58	58	28years; and by striking out the second paragraph in its entirety and inserting in place thereof the
59	59	29following paragraph:-
60	60	30 In the case of a sentence to life imprisonment for murder in the first degree, the court
61	61	31shall fix a minimum term of 25 years; provided, however, that in the case of a person who
62	62	32committed the murder on or after the person’s fourteenth birthday and before the person’s 3 of 5
63	63	33eighteenth birthday, the court shall fix a minimum term of not less than 15 years nor more than
64	64	3420 years, after consideration of relevant mitigating and exacerbating circumstances; and
65	65	35provided, however, that in the case of a person sentenced to life imprisonment for murder in the
66	66	36first degree adjudicated solely by a verdict of felony murder or joint venture and where the
67	67	37offender is not the actual killer, committed on or after the person’s fourteenth birthday and
68	68	38before the person’s eighteenth birthday, the court shall fix a minimum term of not less than 10
69	69	39years nor more than 12 years.
70	70	40 SECTION 6. Notwithstanding any other provision of law, section 24 of chapter 279 of
71	71	41the General Laws as it appears in the 2014 Official Edition shall apply to any person found guilty
72	72	42of murder pursuant to subsections (a), (b) or (c) of section 2 of chapter 265 prior to or after the
73	73	43effective date of this act.
74	74	44 SECTION 7. Subsection (b) of section 25 of chapter 279 of the General Laws as it
75	75	45appears in the 2020 Official Edition is hereby amended by inserting in the first paragraph after
76	76	46the words “for good conduct”, the following phrase:- provided, however, that in the case of a
77	77	47person so serving a life sentence, parole eligibility will commence after serving 25 years of said
78	78	48sentence. And by inserting after the last paragraph of subsection (b) of section 25 the following
79	79	49sentence:- Notwithstanding any other provision of law, section 25(b) shall apply to any person
80	80	50convicted as a habitual offender pursuant to subsection (a) or (b) of section 25 of chapter 279
81	81	51prior to or after the effective date of this act.
82	82	52 SECTION 8. Notwithstanding any other provision of the law, except as provided by
83	83	53SECTION 1 of this act, no person shall be imprisoned for more than 25 years without a parole
84	84	54hearing at 25 years. 4 of 5
85	85	55 SECTION 9. The Department of Corrections shall establish a Restorative Justice program
86	86	56within its prisons that is available to anyone sentenced to more than 25 years in prison in order to
87	87	57develop a plan of reconciliation.
88	88	58 (a) The Restorative Justice program will allow the interaction between the prisoner and
89	89	59victims, family of the victims, the parties to a crime, and community members within the prison
90	90	60with the goal to identify and address harms and needs and obligations resulting from an offense
91	91	61in order to understand and reconcile the impact of that offense.
92	92	62 (b) Participation in a prison-based restorative justice program shall be voluntary for
93	93	63offenders, victims, and surviving family and community members affected by the crime.
94	94	64 (c) Participation in a prison-based restorative justice program shall not be used as
95	95	65evidence or as an admission of guilt, delinquency or civil liability in current or subsequent legal
96	96	66proceedings against any participant. Any statement made by an incarcerated person during the
97	97	67course of an assignment within a prison-based restorative justice program shall be confidential
98	98	68and shall not be subject to disclosure in any judicial or administrative proceeding and no
99	99	69information obtained during the course of such assignment shall be used in any stage of a
100	100	70criminal investigation or prosecution or civil or administrative proceeding; provided, however,
101	101	71that nothing in this section shall preclude any evidence obtained through an independent source
102	102	72or that is inevitably discovered by lawful means from being admitted at such proceeding.
103	103	73 (d) The Department of Corrections shall annually, not later than December 31, submit a
104	104	74report to the clerks of the House of Representatives and of the Senate, and the House and Senate
105	105	75chairs of the Joint Committee on the Judiciary and of Public Safety and Homeland Security
106	106	76regarding the implementation and operation of the program, the number of prisoners to which it 5 of 5
107	107	77is available, the number of prisoners that have participated, and any recommendations for change
108	108	78to the program.