SENATE . . . . . . . . . . . . . . No. 2756
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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SENATE, May 2, 2024.
The committee on The Judiciary to whom was referred the petition (accompanied by bill,
Senate, No. 940) of Cynthia Stone Creem, Sal N. DiDomenico and Jack Patrick Lewis for
legislation relative to judicial supervision to promote child well-being, report the accompanying
bill (Senate, No. S2756).
For the committee,
James B. Eldridge 1 of 3
FILED ON: 4/30/2024
SENATE . . . . . . . . . . . . . . No. 2756
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act promoting diversion of juveniles to community supervision and services.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 54A of chapter 119 of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended by inserting, in line 16, after the word “assessment” the
3following sentence:-
4 Any referral to the juvenile court for a child requiring assistance as defined in section 21,
5in accordance with the provisions of this section and of sections 39F to 39I, inclusive, shall not
6disqualify said child from diversion.
7 SECTION 2. Said section 54A of said chapter 119 of the General Law, as so appearing, s
8is hereby further amended by inserting, in line 38, after the word “proceedings” the following
9words:- , after consultation with legal counsel,
10 SECTION 3. Said section 54A of said chapter 119 of the General Laws, as so appearing,
11is hereby further amended by striking out, in lines 45 to 47, the words “and (iv) any statement
12made by the child or the child’s family during the course of assessment” and inserting in place
13thereof the following language:- 2 of 3
14 (iv) any statement made by the child or the child’s family during the course of
15assessment; and (v) information obtained during the course of the assessment.
16 SECTION 4. Said section 54A of said chapter 119 of the General Laws, as so appearing,
17is hereby further amended by striking out, in line 87, the words “may dismiss the original
18complaint pending against the child.” and inserting in place thereof the words:- shall dismiss the
19original complaint pending against the child unless the report recommends against dismissal.
20 SECTION 5. Said section 54A of said chapter 119 of the General Laws, as so appearing,
21is hereby further amended by inserting, in line 101, after the words “any records of the” the
22following words:- assessment and the
23 SECTION 6. Said Section 54A of said chapter 119 of the General Laws, as so appearing,
24is hereby further amended by striking subsection (g) and inserting in place thereof the following
25subsection:-
26 (g) (1) A child otherwise eligible for diversion pursuant to this section shall not be
27eligible for diversion:
28 (i) if the child is indicted as a youthful offender;
29 (ii) if the child is charged with an offense that cannot be continued without a finding or
30placed on file;
31 (iii) if the child is charged with an offense for which a penalty of incarceration greater
32than 5 years may be imposed or for which there is minimum term penalty of incarceration; or 3 of 3
33 (iv) if the child is charged with an offense listed under the second sentence of section 70C
34of chapter 277; provided however, that a child shall be eligible for diversion if the child is
35charged with an offense under:
36 (A) paragraph (a) of subdivision (2) of section 24 of chapter 90,
37 (B) subsection (a) of section 13A, subsection (a) of section 13M or subsection (b) of
38section 15B of chapter 265; or
39 (G) section13A or section 13C of chapter 268.
40 Diversion of juvenile court charges under this chapter shall not preclude a subsequent
41indictment on the same charges in superior court.