Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1049 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. 1960 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1049
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 relative to diversion for primary caretakers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Liz MirandaSecond SuffolkJason M. LewisFifth Middlesex2/21/2023Patricia D. JehlenSecond Middlesex3/2/2023Lindsay N. Sabadosa1st Hampshire3/6/2023 1 of 3
16	16	SENATE DOCKET, NO. 1960 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1049
18	18	By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1049) of Liz Miranda, Jason M.
19	19	Lewis, Patricia D. Jehlen and Lindsay N. Sabadosa for legislation relative to diversion for
20	20	primary caretakers. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to diversion for primary caretakers.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 6B of Chapter 279 of the general laws, as so appearing, is hereby
30	30	2amended by striking subsection a and inserting in place thereof
31	31	3 (a) As used in this section the following words shall, unless the context clearly requires
32	32	4otherwise, have the following meanings:—
33	33	5 “Dependent child,” a person under 18 years of age
34	34	6 “Primary caretaker of a dependent child,” (1) a parent with whom a child has a primary
35	35	7residence, and/or (2) a parent who presently provides care or financial support for that minor
36	36	8child either alone or with the assistance of the child’s household members, where the caretaker’s
37	37	9absence in the child’s life would be detrimental to the child 2 of 3
38	38	10 “Primary caretaker of an aging or sick immediate family member,” a person who shares a
39	39	11residence and provides care or financial support to an immediate family who is elderly or who
40	40	12has a debilitating illness or condition
41	41	13 SECTION 2. Section 6B of Chapter 279 of the general laws, as so appearing, is hereby
42	42	14amended by renumbering subsection b to become subsection c;
43	43	15 SECTION 3. Section 6B of Chapter 279 of the general laws, as so appearing, is hereby
44	44	16amended by inserting the following subsection as the new subsection b after subsection a and
45	45	17before the renumbered subsection c:
46	46	18 (b) A defendant who is pregnant, the primary caretaker of a dependent child, or the
47	47	19primary caretaker of an aging or sick immediate family member may file a motion with the court
48	48	20for pretrial diversion, wherein criminal proceedings are suspended without a plea of guilty for a
49	49	21period of not less than 3 months and not more than 24 months. The motion shall include the
50	50	22defendant’s plan for the diversion period, which may include programs, services, restorative
51	51	23justice activities, employment, and/or community service. Upon receipt of such a motion, the
52	52	24court shall make written findings 1) concerning the defendant’s status as a primary caretaker and
53	53	252) whether the conditions of diversion are feasible and will contribute to the well-being of the
54	54	26defendant and their community. If such a motion has been filed, the court shall not proceed with
55	55	27pre-trial hearings without first making such written findings.
56	56	28 i) As parental separation due to incarceration is an adverse childhood experience and the
57	57	29continued presence of the primary caretaker is in the best interest of the child, a primary
58	58	30caretaker’s diversion plan will be presumed to be feasible and beneficial to the child and 3 of 3
59	59	31community unless the Commonwealth can show a public safety concern by clear and convincing
60	60	32evidence;
61	61	33 ii) No consent by the defendant to the stay of proceedings or any act done or statement
62	62	34made in fulfillment of the terms and conditions of such stay of proceedings shall be admissible as
63	63	35an admission, implied or otherwise, against the defendant, should the stay of proceedings be
64	64	36terminated and criminal proceedings resumed on the original charge or charges;
65	65	37 iii) If the defendant has performed satisfactorily in diversion, at the end of the period of
66	66	38diversion, the court shall enter a dismissal of the underlying case. A court may conclude that the
67	67	39defendant has performed satisfactorily if the defendant has substantially complied with the
68	68	40conditions of diversion and not willfully violated any other conditions set by the court;
69	69	41 iv) if the defendant does not perform satisfactorily in diversion, the court may extend the
70	70	42period of diversion and modify the conditions; or the court may reinstate criminal proceedings.
71	71	43 SECTION 4. Section 6B of Chapter 279 of the general laws, as so appearing, is hereby
72	72	44amended by inserting in the renumbered subsection c after the words “the defendant’s status” the
73	73	45following words:- "as a pregnant person or” each time it appears in the subsection
74	74	46 SECTION 5. Section 6B of Chapter 279 of the general laws, as so appearing, is hereby
75	75	47amended by inserting in the renumbered subsection c after the words “primary caretaker of a
76	76	48dependent child” the following words:- “or the primary caretaker of an aging or sick immediate
77	77	49family member” each time it appears in the subsection.