Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S993 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. 186 FILED ON: 1/11/2023
3	3	SENATE . . . . . . . . . . . . . . No. 993
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Adam Gomez
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 updating bail procedures for justice-involved youth.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Adam GomezHampdenSal N. DiDomenicoMiddlesex and Suffolk2/9/2023 1 of 3
16	16	SENATE DOCKET, NO. 186 FILED ON: 1/11/2023
17	17	SENATE . . . . . . . . . . . . . . No. 993
18	18	By Mr. Gomez, a petition (accompanied by bill, Senate, No. 993) of Adam Gomez and Sal N.
19	19	DiDomenico for legislation to update bail procedures for justice-involved youth. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 2943 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act updating bail procedures for justice-involved youth.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 67 of chapter 119 of the General Laws, as appearing in the 2020
31	31	2Official Edition, is hereby amended by striking out subsections (a) and (b) and inserting in place
32	32	3thereof the following 2 subsections:-
33	33	4 (a) If a child who is not less than 12 and not more than 18 years of age is arrested with or
34	34	5without a warrant, as provided by law, and the court having jurisdiction over the offense is not in
35	35	6session, the officer in charge shall immediately notify at least 1 of the child’s parents or, if there
36	36	7is no parent, the guardian or custodian with whom the child resides or, if the child is in the
37	37	8custody and care of the department of children and families, the department. If the child is not
38	38	9less than 14 and not more than 18 years of age, the officer in charge shall also immediately 2 of 3
39	39	10notify the bail magistrate, who shall inquire into the case. Pending such notice and inquiry, the
40	40	11child shall be detained pursuant to subsection (c).
41	41	12 (b) The bail magistrate may direct the officer in charge of the police station or town
42	42	13lockup to accept the written promise of the parent, guardian, custodian or representative of the
43	43	14department of children and families to be responsible for the presence of the child in court at the
44	44	15time and place when the child is ordered to appear and the child shall be released to the person
45	45	16giving such promise. If, in the case of a child who is not less than 14 and not more than 18 years
46	46	17of age: (i) the court issuing a warrant for the arrest of the child directs in the warrant that the
47	47	18child shall be held in safekeeping pending the child’s appearance in court; (ii) the child is
48	48	19charged with a crime that is not bailable; or (iii) the child is unable to furnish any sureties
49	49	20required by the bail magistrate for the child’s appearance, the child shall be detained in a police
50	50	21station, town lockup, place of temporary custody commonly referred to as a detention home of
51	51	22the department of youth services or any other home approved by the department of youth
52	52	23services pending the child’s appearance in court; provided, however, that if a child is so detained,
53	53	24the officer in charge of the police station or town lockup shall notify the parent, guardian or
54	54	25custodian of the child or the appropriate representative of the department of children and families
55	55	26of the detention of the child.
56	56	27 SECTION 2. Section 24 of chapter 262 of the General Laws, as so appearing, is hereby
57	57	28amended by striking out subsection (a) and inserting in place thereof the following subsection:-
58	58	29 (a) The maximum fee to be charged by any person authorized to take bail or release on
59	59	30personal recognizance shall be $40; provided, however, that a fee shall not be charged of a
60	60	31juvenile, as defined in section 89 of chapter 119; provided further, that, subject to appropriation, 3 of 3
61	61	32the state bail administrator shall compensate any person authorized to take bail or release on
62	62	33personal recognizance for each case of a juvenile released on personal recognizance or for whom
63	63	34bail was taken and for whom no fee was charged under this subsection.
64	64	35 SECTION 3. Subsection (c) of said section 24 of said chapter 262, as so appearing, is
65	65	36hereby amended by striking out the third sentence and inserting in place thereof the following 2
66	66	37sentences:- An individual authorized to take bail may administer an oath or affirmation required
67	67	38in the course of taking bail or releasing on personal recognizance in person or using a telephone,
68	68	39video conferencing application or other virtual option as determined by the state bail
69	69	40administrator. Bail fees may be paid in person or through a virtual or mobile payment option as
70	70	41determined by the state bail administrator.