Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1101

Introduced
2/16/23  

Caption

To protect victims of crimes and the public

Impact

This bill significantly impacts state laws relating to the handling of defendants prior to trial, specifically addressing conditions under which they may be released. No longer limited to felonies, the bill expands the definition of crimes prompting stricter judicial scrutiny during arraignments. Judges would gain the authority to require additional conditions such as electronic monitoring, financial bond, and other restrictions aimed at ensuring public safety. These amendments intend to reduce the risk of releasing individuals who pose a danger to the community while awaiting trial, thereby enhancing victim protection measures.

Summary

S1101, titled 'An Act to protect victims of crimes and the public,' aims to strengthen protections for crime victims and the public by revising several laws governing the pre-trial release of individuals charged with various offenses. The bill introduces changes to existing statutes, allowing judges to impose stricter conditions on the release of potentially dangerous individuals. By modifying the criteria considered for pre-trial release, S1101 seeks to provide a framework that prioritizes public safety and holds defendants accountable during the pre-trial period.

Contention

Notable points of contention surrounding S1101 relate to the balance between civil liberties and public safety. Advocates for stricter laws argue that these changes are necessary to prevent further victimization and deter repeat offenses. Conversely, opponents contend that the bill may lead to overly punitive measures, particularly against lower-income defendants who might be unable to meet stricter financial conditions for release. Additionally, concerns have been raised about the potential for this legislation to disproportionately affect marginalized communities, leading to a cycle of incarceration rather than rehabilitation.

Companion Bills

MA S1129

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MA H4989

Replaced by Relative to safety and justice

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