Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S931 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. 815 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 931
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Cynthia Stone Creem
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 improving juvenile justice data collection.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and MiddlesexSal N. DiDomenicoMiddlesex and Suffolk2/9/2023Jason M. LewisFifth Middlesex2/9/2023 1 of 14
16	16	SENATE DOCKET, NO. 815 FILED ON: 1/18/2023
17	17	SENATE . . . . . . . . . . . . . . No. 931
18	18	By Ms. Creem, a petition (accompanied by bill, Senate, No. 931) of Cynthia Stone Creem, Sal N.
19	19	DiDomenico and Jason M. Lewis for legislation to improve data collection in the juvenile justice
20	20	system. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 1558 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 improving juvenile justice data collection.
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. The purpose of these provisions is to ensure that the Commonwealth
32	32	2establishes systems to collect accurate, consistent, and comprehensive data on juveniles’ contacts
33	33	3with officials in the law enforcement and juvenile justice systems.
34	34	4 SECTION 2. Section 12(a) of Chapter 18C of the General Laws is hereby amended by
35	35	5inserting the words “or any law protecting the confidentiality of juvenile justice records and
36	36	6information” after “20K of chapter 233”
37	37	7 SECTION 3. Chapter 18C of the General Laws is hereby further amended by inserting
38	38	8after section 14, the following section:
39	39	9 Section 15. Collection and Reporting of Juvenile Justice Data 2 of 14
40	40	10 (a)The child advocate shall report statistical data on the juvenile justice system
41	41	11annually by December 31st to the governor, the house and senate chairs of the joint committee
42	42	12on the judiciary, the house and senate chairs of the joint committee on public safety and
43	43	13homeland security, the house and senate chairs of the committee on children, families and
44	44	14persons with disabilities, the chief justice of the supreme judicial court and the chief justice of
45	45	15the trial court. The report, which shall be made public pursuant to reporting recommendations of
46	46	16the Juvenile Justice Policy and Data Board as required by section 89 of chapter 119, shall include
47	47	17statistics on the utilization of the juvenile justice system at various process points as well as
48	48	18information on decisions made at justice system decision points impacting juveniles, as
49	49	19described in Section 89 and Section 90 of Chapter 119 of the General Laws.
50	50	20 (b)The child advocate shall request data from relevant Offices and Departments
51	51	21holding data necessary to complete the aforementioned report at least annually and may request
52	52	22data be provided on a quarterly basis.
53	53	23 (c)The Child Advocate shall issue guidance, in consultation with the Juvenile Justice
54	54	24Policy and Data Board, for the administration and enforcement of this section, including
55	55	25guidance establishing (1) schedules for the submission, transmission and publication of the data
56	56	26(2) the format and form that the aforementioned data from Offices and Departments shall take,
57	57	27including any requirements that data should be available for analysis or disaggregation, and the
58	58	28format that transmission of the data shall take (3) the categories and types of data on juvenile
59	59	29interactions with the justice system to be submitted by each agency. The child advocate may
60	60	30request, and all Offices and Departments subject to this law shall provide, individual-level data
61	61	31to facilitate analysis, provided that the child advocate shall be bound by any limitations on the 3 of 14
62	62	32use or release of such individual-level data imposed by law upon the party furnishing such
63	63	33information as described in Section 12 of this chapter.
64	64	34 (d)The guidance required by subsection (c) shall, at minimum, require data be
65	65	35provided in such a way as to allow cross tabulated analysis by demographic subgroups including,
66	66	36at a minimum, age at the time of offense, sex/gender, gender identity and expression, racial or
67	67	37ethnicity category, sexual orientation, charge type and level, geographic location such as county
68	68	38or court location, involvement with the Department of Children and Families and any
69	69	39combination thereof. The Child Advocate shall provide guidance about the manner in which
70	70	40demographic data is designated and collected, with consideration of the juveniles’ self-reporting
71	71	41of such categories based on data reporting standards issued by the Juvenile Justice Policy and
72	72	42Data Board as required by section 89 of chapter 119.
73	73	43 SECTION 4. Section 89 of chapter 119 of the General Laws, as appearing in section 80
74	74	44of chapter 69 of the acts of 2018, is hereby amended by inserting after the definition of “criminal
75	75	45justice agency” the following paragraph:-
76	76	46 “Gender identity” shall be defined pursuant to clause 59 of section 7 of chapter 4 of the
77	77	47General Laws
78	78	48 SECTION 5. Section 89 of said chapter 119, as so appearing, is hereby further amended
79	79	49by inserting after the definition of “racial or ethnic category” the following paragraph:-
80	80	50 “Sexual orientation”, having an orientation for or being identified as having an
81	81	51orientation, for heterosexuality, bisexuality, or homosexuality. 4 of 14
82	82	52 SECTION 6. Subsection (b) of section 89 of said chapter 119 of the General Laws, as so
83	83	53appearing, is hereby further amended by striking the words “mental health care system”, and
84	84	54inserting in place thereof the words “mental health care and child welfare systems”
85	85	55 SECTION 7. Chapter 119 of the General Laws, as appearing in section 80 of chapter 69
86	86	56of the acts of 2018, is hereby amended by inserting after section 89 the following section:
87	87	57 Section 90. Collection and Reporting of Juvenile Justice Data
88	88	58 (a)As used in this section the following words shall, unless the context clearly
89	89	59requires otherwise, have the following meaning:—
90	90	60 (1)“Justice system decision point” shall refer to set points in the justice process
91	91	61where a criminal justice agency makes a decision which results in a change in a juvenile’s status,
92	92	62including, but not limited to: decisions to refer a juvenile to a diversion program; to arrest a
93	93	63juvenile or issue a court summons; to hold a juvenile in custody prior to arraignment; to file a
94	94	64delinquency or criminal complaint; to advance a delinquency or criminal complaint; to proceed
95	95	65with a prosecution; to make a finding as to legal competency; to issue an indictment; to arraign a
96	96	66juvenile; to dismiss a case; to hold a hearing regarding dangerousness; to detain a juvenile
97	97	67without bail; to transfer a case to district or superior Court; to impose bail; to impose pretrial
98	98	68release conditions; to place a juvenile on an electronic monitoring device, either as a condition of
99	99	69pretrial release, as a condition of probation after disposition of a case to revoke bail; to order a
100	100	70juvenile to be held in detention; to continue a case without a finding; to adjudicate a juvenile; to
101	101	71issue a disposition; to place a juvenile on probation; to issue probation conditions; to commit a
102	102	72juvenile to the Department of Youth Services; to sentence a juvenile to serve time in an adult
103	103	73custodial facility; to refer a juvenile to a court for a probation violation; to revoke a juvenile’s 5 of 14
104	104	74probation; to confine a juvenile; to change a juvenile’s placement type in a custodial facility; to
105	105	75issue a grant of conditional liberty; to grant or revoke a grant of conditional liberty; to grant
106	106	76parole after an initial parole hearing; to grant parole after a subsequent review hearing; to revoke
107	107	77parole; to certify or deny sealing or expungement petition, pursuant to sections 100B, 100F and
108	108	78100G of Chapter 276 of the General Laws.
109	109	79 (2)“Juvenile” shall be defined pursuant to Section 89 of Chapter 119 of the General
110	110	80Laws.
111	111	81 (b)All criminal justice agencies, as defined by Section 89 of Chapter 119 of the
112	112	82General Laws, shall comply with data requests from the child advocate pursuant to section 15 of
113	113	83Chapter 18C regarding decisions made impacting juveniles at justice system decision points.
114	114	84The attorney general may enforce the provisions of this paragraph by a suit in equity commenced
115	115	85in the superior court.
116	116	86 (c)The department of state police, municipal police departments, Massachusetts Bay
117	117	87Transportation Authority police, any police or law enforcement officer stationed at or affiliated
118	118	88with a local education authority, and any contractor, vendor or service-provider working with
119	119	89such police including any alternative lock-up programs, shall collect and provide the necessary
120	120	90information to comply with the data request from the child advocate pursuant to Section 15 of
121	121	91Chapter 18C for each juvenile subjected to the following contacts for each fiscal year, provided
122	122	92on a quarterly basis if requested by the child advocate:
123	123	93 (1) referral to and/or use of diversion programming; and
124	124	94 (2) custodial arrests and issuance of court summons 6 of 14
125	125	95 (d)Clerk magistrates shall collect and provide the necessary information to comply
126	126	96with the data request from the child advocate pursuant to Section 15 of Chapter 18C for each
127	127	97juvenile subjected to the following contacts for each fiscal year, provided on a quarterly basis if
128	128	98requested by the child advocate:
129	129	99 (1)application for complaint filed;
130	130	100 (2)finding of probable cause;
131	131	101 (3)diversion from further court proceedings, including referral to and/or use of
132	132	102diversion programming;
133	133	103 (4)complaint issued;
134	134	104 (5)appeal to judge of the finding by the clerk magistrate; and
135	135	105 (6)complaint issued after appeal.
136	136	106 (e)The district attorneys shall collect and provide the necessary information to
137	137	107comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C for
138	138	108each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly
139	139	109basis if requested by the child advocate:
140	140	110 (1)decision not to proceed with prosecution, including but not limited to entering a
141	141	111nolle prosequi or moving to dismiss a case;
142	142	112 (2)diversion from further court proceedings, including referral to and/or use of
143	143	113diversion programming; 7 of 14
144	144	114 (3)decision to proceed with dangerousness hearing pursuant to section 58A of
145	145	115chapter 276
146	146	116 (4)indictment as a youthful offender;
147	147	117 (5)dismissal of indictment/dismissal of indictment in exchange for other action; and
148	148	118 (6)prosecution in criminal court under section 74 of chapter 119 of the General
149	149	119Laws.
150	150	120 (f)The juvenile court department shall collect and provide the necessary information
151	151	121to comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C
152	152	122for each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly
153	153	123basis if requested by the child advocate:
154	154	124 (1)arraignment as a delinquent
155	155	125 (2)arraignment as a youthful offender;
156	156	126 (3)diversion from further court proceedings, including referral to and/or use of
157	157	127diversion programming pursuant to section 54A of chapter 119 of the General Laws;
158	158	128 (4)court hearing on dangerousness pursuant to section 58A of chapter 276 of the
159	159	129General Laws;
160	160	130 (5)competency hearing;
161	161	131 (6)transfer of case to adult criminal court under section 72A of chapter 119 of the
162	162	132General Laws; 8 of 14
163	163	133 (7)imposition of bail or order to hold without bail;
164	164	134 (8)imposition of pretrial release conditions, including pre-trial probation pursuant to
165	165	135section 87 of chapter 276 of the General Laws;
166	166	136 (9)bail revocation hearings;
167	167	137 (10)cases which are continued without a finding pursuant to section 18 of chapter 278
168	168	138and to section 58 of chapter 119 of the General Laws;
169	169	139 (11)dismissal of charges;
170	170	140 (12)adjudication as a delinquent;
171	171	141 (13)adjudication as a youthful offender;
172	172	142 (14)imposition of an adult sentence pursuant to section 58 of chapter 119 of the
173	173	143General Laws;
174	174	144 (15)disposition, including but not limited to:
175	175	145 i. sentence to probation;
176	176	146 ii.commitment to the department of youth services pursuant to section 58 of chapter
177	177	147119 of the General Laws;
178	178	148 (16)commitment to the department of youth services pursuant to section 2 of chapter
179	179	149279 of the General Laws that are suspended;
180	180	150 (17)juvenile surrendered on criminal and non-criminal violations of probation;
181	181	151 (18)commitments to department of youth services following a probation violation; and 9 of 14
182	182	152 (19)revocation of a continuation without a finding pursuant to pursuant to section 18
183	183	153of chapter 278 and to section 58 of chapter 119 of the General Laws;
184	184	154 (g)The office of the commissioner of probation shall collect and provide the
185	185	155necessary information to comply with the data request from the child advocate pursuant to
186	186	156Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal
187	187	157year, provided on a quarterly basis if requested by the child advocate:
188	188	158 (1)referral to and/or use of diversion programming;
189	189	159 (2)supervision of pre-trial probation;
190	190	160 (3)supervision of continuances without a finding;
191	191	161 (4)supervision of juvenile on probation; and
192	192	162 (5)referral to the court for a probation violation.
193	193	163 (6)number of petitions and number of allowances and denials on petitions for
194	194	164sealing, pursuant to section 100B of Chapter 276 of the General Laws;
195	195	165 (7)number of petitions and number of allowances and denials of petitions for
196	196	166expungement, pursuant to sections 100F, 100G and 100H of Chapter 276 of the General Laws;
197	197	167 (8)number of petitions and number of allowances and denials of petitions for
198	198	168expungement, pursuant to section 100K of Chapter 276 of the General Laws;
199	199	169 (9)number of petitions and number of allowances and denials on petitions for
200	200	170sealing, pursuant to section 100A of Chapter 276 of the General Laws; 10 of 14
201	201	171 (10)number of juveniles on GPS monitoring, disaggregated by race, ethnicity, gender,
202	202	172county, court, length of time on GPS
203	203	173 (h)The department of youth services and any contractor, vendor or service provider
204	204	174working with said department including alternative lock-up programs shall collect and provide
205	205	175the necessary information to comply with the data request from the child advocate pursuant to
206	206	176Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal
207	207	177year, provided on a quarterly basis if requested by the child advocate:
208	208	178 (1) pre-arraignment detention;
209	209	179 (2) pre-trial detention;
210	210	180 (3) commitment;
211	211	181 (4) placement type, including, but not limited to, security level
212	212	182 (5) notice of revocation of grants of conditional liberty;
213	213	183 (6) hearing on grants of conditional liberty; and
214	214	184 (7) revocation of grants of conditional liberty for violation of conditions of liberty; and
215	215	185 (8) voluntary extensions of commitments with the department of youth services.
216	216	186 (i)The district and superior court shall collect and provide the necessary information
217	217	187to comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C
218	218	188for each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly
219	219	189basis if requested by the child advocate: 11 of 14
220	220	190 (1) arraignment for murder in the first degree and murder in the second degree; and
221	221	191 (2) convictions.
222	222	192 (j)The department of correction and each sheriff’s department shall collect and
223	223	193provide the necessary information to comply with the data request from the child advocate
224	224	194pursuant to Section 15 of Chapter 18C for each juvenile subjected to the following contacts for
225	225	195each fiscal year, provided on a quarterly basis if requested by the child advocate:
226	226	196 (1) pre-arraignment detention;
227	227	197 (2) pre-trial detention;
228	228	198 (3) post-disposition confinement of youthful offenders; and
229	229	199 (4) post-conviction confinement for murder.
230	230	200 (k)The parole board shall collect and provide the necessary information to comply
231	231	201with the data request from the child advocate pursuant to Section 15 of Chapter 18C for each
232	232	202juvenile subjected to the following contacts for each fiscal year, provided on a quarterly basis if
233	233	203requested by the child advocate:
234	234	204 (1)grant of parole after an initial parole hearing;
235	235	205 (2)grant of parole after a subsequent review hearing;
236	236	206 (3)supervision of parole; and
237	237	207 (4)revocation of parole. 12 of 14
238	238	208 (l)The Executive Office of Public Safety and Security shall be responsible for
239	239	209assembling the data requested by the child advocate pursuant to Section 15 of Chapter 18C
240	240	210collected by the below offices and departments. Said data shall be provided to the Office of the
241	241	211Child Advocate no later than 75 days after the end of the fiscal year or quarter if the child
242	242	212advocate requests data on a quarterly basis.
243	243	213 1. The Commissioner of the Department of Correction
244	244	214 2. Sheriffs of each County;
245	245	215 3. The Parole Board;
246	246	216 4. The Department of the State Police;
247	247	217 5. Municipal police departments;
248	248	218 6. The Massachusetts Bay Transportation Authority Police;
249	249	219 7. School based police, including those from any local education authority;
250	250	220 8. Alternative Lock-up Programs; and
251	251	221 9. any other contractor, vendor or service provider working with school based or
252	252	222other police officers.
253	253	223 (m)The Massachusetts District Attorneys Association shall be responsible of
254	254	224assembling data requested by the child advocate pursuant to Section 15 of Chapter 18C collected
255	255	225by District Attorney’s Offices. Said data shall be provided to the Office of the Child Advocate no
256	256	226later than 75 days after the end of the fiscal year or quarter if the child advocate requests data on
257	257	227a quarterly basis. 13 of 14
258	258	228 (n)The Court Administrator shall be responsible for assembling data requested by the
259	259	229child advocate pursuant to Section 15 of Chapter 18C collected by judicial officers and court
260	260	230personnel including the Commissioner of Probation, judicial officers and court personnel, and
261	261	231the Executive Director of Community Correction. Said data shall be provided to the Office of the
262	262	232Child Advocate no later than 75 days after the end of the fiscal year or quarter if the child
263	263	233advocate requests data on a quarterly basis.
264	264	234 (o)The Department of Youth Services shall be responsible for assembling data
265	265	235requested by the child advocate pursuant to Section 15 of Chapter 18C collect by all department
266	266	236personnel, contractors or vendors working with the Department. Said data shall be provided to
267	267	237the Office of the Child Advocate no later than 75 days after the end of the fiscal year or quarter if
268	268	238the child advocate requests data on a quarterly basis.
269	269	239 (p)Notwithstanding any law to the contrary, the child advocate may request, and all
270	270	240Offices and Departments subject to this law shall provide upon request, individual level data to
271	271	241facilitate analysis by the Office of the Child Advocate, provided that the child advocate shall be
272	272	242bound by any limitations on the use or release of such individual-level data imposed by law upon
273	273	243the party furnishing such information as described in Section 12 of Chapter 18C. Any individual
274	274	244data described or acquired under the provisions of this section shall be used only for statistical
275	275	245purposes and may not be disseminated if it contains data that reveal the identity of an individual
276	276	246who had contact with the juvenile justice system within the meaning of this chapter.
277	277	247 (q)If any Offices or Departments subject to this law are unable to fulfill the data
278	278	248request made by the child advocate, in whole or in part, they shall submit to the child advocate a
279	279	249report detailing what data could not be provided, stating clearly the reason data could not be 14 of 14
280	280	250provided, and clearly documenting the efforts the Office or Department has made and will make
281	281	251to ensure data can be provided in the future. If the data cannot be provided due to budgetary
282	282	252constraints, the Office or Department shall provide a budget detailing the additional funding
283	283	253required to fulfill the data request. These reports on data availability shall be included in the
284	284	254annual juvenile justice data report of the child advocate pursuant to Section 15 of Chapter 18C
285	285	255and shall be a matter of public record.