Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1756 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1683 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1756
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Russell E. Holmes
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 reforming juvenile offender law.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Russell E. Holmes6th Suffolk1/15/2025 1 of 9
16	16	HOUSE DOCKET, NO. 1683 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1756
18	18	By Representative Holmes of Boston, a petition (accompanied by bill, House, No. 1756) of
19	19	Russell E. Holmes relative to the juvenile offender law. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 1554 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act reforming juvenile offender law.
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 52 of chapter 119 of the General Laws, as appearing in the 2016
31	31	2Official Edition, is hereby amended by striking out, in lines 5 and 15, the figure “18” and
32	32	3inserting in place thereof, in each instance, the following figure:- 19.
33	33	4 SECTION 2. Said chapter 119, as so appearing, is hereby further amended by striking out
34	34	5section 72B and inserting in place thereof the following section:–
35	35	6 Section 72B. If a person is found guilty of murder in the first degree committed on or
36	36	7after his sixteenth birthday and before his nineteenth birthday under the provisions of section 1
37	37	8of chapter 265, the superior court shall commit the person to such punishment as is provided by
38	38	9law for the offense. Said person shall be afforded a meaningful opportunity to obtain release on 2 of 9
39	39	10parole based on demonstrated maturity and rehabilitation and in accordance with the provisions
40	40	11of law governing the granting of parole permits by the parole board.
41	41	12 If a person is found guilty of murder in the second degree committed on or after his
42	42	13sixteenth birthday and before his nineteenth birthday under the provisions of section 1 of chapter
43	43	14265, the superior court shall commit the person to such punishment as is provided by law. Said
44	44	15person shall be eligible for parole under section 133A of chapter 127 when such person has
45	45	16served 15 years of said confinement. Said person shall be afforded a meaningful opportunity to
46	46	17obtain release on parole based on demonstrated maturity and rehabilitation and in accordance
47	47	18with the provisions of law governing the granting of parole permits by the parole board.
48	48	19 If a person is alleged to have committed murder in the first or second degree under the
49	49	20provisions of section 1 of chapter 265 after having attained the age of 14 but before attaining the
50	50	21age of 16, the superior court shall forthwith transfer the proceeding to the juvenile court where
51	51	22the minor shall be subject to the provisions of section 58 of chapter 119.
52	52	23 The superior court shall not suspend the commitment of a person found guilty of murder
53	53	24in the first or second degree, nor shall the provisions of section 129C or 129D of chapter 127
54	54	25apply to such commitment. In all cases where a person is alleged to have violated section 1 of
55	55	26chapter 265, the person shall have the right to an indictment proceeding under section 4 of
56	56	27chapter 263.
57	57	28 A person who is found guilty of murder and is sentenced to a state prison but who has not
58	58	29yet reached his eighteenth birthday shall be held in a youthful offender unit separate from the
59	59	30general population of adult prisoners; provided, however, that such person shall be classified at a
60	60	31facility other than the reception and diagnostic center at the Massachusetts Correctional 3 of 9
61	61	32Institution, Concord, and shall not be held at the Massachusetts Correctional Institution, Cedar
62	62	33Junction, prior to his eighteenth birthday.
63	63	34 The department of correction shall not limit access to programming and treatment
64	64	35including, but not limited to, education, substance abuse, anger management and vocational
65	65	36training for youthful offenders, as defined in section 52, solely because of their crimes or the
66	66	37duration of their incarcerations. If the youthful offender qualifies for placement in a minimum
67	67	38security correctional facility based on objective measures determined by the department, the
68	68	39placement shall not be categorically barred based on a life sentence. The placement shall be
69	69	40barred for a qualifying youthful offender only if the prisoner meets 1 or more of the following
70	70	41objective criteria: (i) more than 5 years to his or her earliest release date; (ii) outstanding legal
71	71	42issues; (iii) possible civil commitment; (iv) pending immigration detainer or deportation; (v)
72	72	43pending disciplinary report; (vi) investigative hold; or (vii) documented on-going STG
73	73	44involvement.
74	74	45 If a defendant is not found guilty of murder in the first or second degree, but is found
75	75	46guilty of a lesser included offense or a criminal offense properly joined under Massachusetts
76	76	47Rules of Criminal Procedure 9(a)(1), then the superior court shall make its disposition in
77	77	48accordance with section 58.
78	78	49 Any person who has attained the age of 14 but has not yet attained the age of 16 who is
79	79	50alleged to have committed murder, as described in section 2 of chapter 265, shall be prosecuted
80	80	51as a youthful offender pursuant to section 58 and subject to the penalties outlined therein.
81	81	52 SECTION 3. Subsection (f) of section 15 of chapter 123 of the General Laws is hereby
82	82	53repealed. 4 of 9
83	83	54 SECTION 4. Said chapter 123, as appearing in the 2018 Official Edition, is hereby
84	84	55further amended by inserting after section 15 the following section:-
85	85	56 Section 15A. (a) The provisions of this section shall apply to any juvenile delinquency,
86	86	57youthful offender, or murder proceeding where the juvenile’s adjudicative competence is raised
87	87	58as an issue by any party or sua sponte by the court at any time in the proceeding against the
88	88	59juvenile. Once an issue of the juvenile’s adjudicative competence is raised, the proceeding shall
89	89	60be stayed until the court makes a determination regarding the competence of the juvenile
90	90	61pursuant to the following provisions.
91	91	62 (b) As used in this section, the following words and phrases shall have the following
92	92	63meanings:
93	93	64 “Juvenile”, any person who is under the age of 19 at the time of arraignment on the
94	94	65charge before the court.
95	95	66 “Competence”, a legally competent youth means the person has sufficient present ability
96	96	67to consult with his lawyer with a reasonable degree of rational understanding and has a rational
97	97	68as well as factual understanding of the proceedings against him.
98	98	69 “Rebuttable presumption”, a presumption that all children under the age of 13 are not
99	99	70legally competent. The commonwealth may overcome the presumption by proving by a
100	100	71preponderance of the evidence that the child is competent.
101	101	72 “Causes of incompetence”, may include: cognitive disability such as mental retardation,
102	102	73learning disability or other neurological disease or defect; psychiatric disease or disability;
103	103	74physical disease or disability; developmental disability such as autism, pervasive developmental 5 of 9
104	104	75disorder or other similar condition; developmental immaturity or young age; any other relevant
105	105	76condition or circumstance contributing to any current impairment in the juvenile’s competence to
106	106	77proceed.
107	107	78 “Burden of proof”, whenever the issue of competence is raised, the commonwealth shall
108	108	79bear the burden to prove by a preponderance of the evidence that the juvenile is competent.
109	109	80 “Qualified examiner”, a psychiatrist or psychologist who is qualified by training and
110	110	81experience in the clinical and forensic evaluation of juveniles.
111	111	82 (c) Whenever a court of competent jurisdiction finds that a reasonable basis exists for
112	112	83doubt about a youth’s competence, the court shall order an evaluation of the youth by 1 or more
113	113	84qualified examiners. The court shall direct that the examiner be provided any information or
114	114	85materials likely to be relevant to the evaluation and determination of the issue of competence
115	115	86including, but not limited to, charging documents, arrest of incident reports, juvenile criminal
116	116	87history information, prior mental health evaluations, special education evaluations and individual
117	117	88education plans.
118	118	89 The evaluation shall be performed in the least restrictive environment and any juvenile
119	119	90otherwise entitled to release or bail shall not be held in a place of detention solely for the
120	120	91purposes of conducting the evaluation.
121	121	92 Upon an order for an evaluation, all proceedings shall be stayed and the period of delay
122	122	93until the youth is determined legally competent shall constitute an exclusion from any speedy
123	123	94trial provision. 6 of 9
124	124	95 Upon completion of the evaluation, the examiner shall promptly and in no event
125	125	96exceeding 14 days after receipt of all required information, submit a report in writing to the court
126	126	97and the attorneys of record concerning the youth’s competence. If the court appointed evaluator
127	127	98reports that the youth lacks the capacities associated with competence, the report shall address,
128	128	99with specificity, the following: (i) the youth’s capacity to understand the proceedings against
129	129	100him or her; (ii) his or her ability to assist the attorney in the preparation of a defense; (iii) the
130	130	101causes of incompetence; (iv) the likelihood that he or she shall attain competency in the
131	131	102foreseeable future; and (v) a description of suggested services, supports or other interventions to
132	132	103assist the youth in the attainment or restoration of competency. No statement or disclosure of the
133	133	104youth concerning the alleged offense made during a evaluation shall be included in the report or
134	134	105used against the youth at trial, adjudication or disposition hearings as evidence or as a basis for
135	135	106such evidence.
136	136	107 Upon receipt of the report, the court shall promptly schedule a hearing on the issue of
137	137	108competence. If the attorneys of record stipulate to the findings of the qualified examiner and
138	138	109jointly waive the hearing, and if the court concurs, a finding as to the youth’s competence to
139	139	110stand trial shall be entered into the record. If either party or the court wishes to proceed to a
140	140	111hearing, the court shall promptly conduct an evidentiary hearing on the matter no later than
141	141	112fourteen days after the filing of the report. The commonwealth shall bear the burden of proving
142	142	113by a preponderance of the evidence that the youth is competent. Upon completion of the
143	143	114hearing, the court shall make a determination on the issue of competence. If the court finds the
144	144	115youth incompetent, the court shall make findings as to whether there is substantial probability
145	145	116that the youth will attain competence in the foreseeable future and the findings shall be entered
146	146	117into the record. 7 of 9
147	147	118 If the court is satisfied that the youth is competent to stand trial, the case shall continue
148	148	119according to the usual course of proceedings.
149	149	120 If the court finds the youth incompetent, the case shall be stayed until such time as the
150	150	121juvenile becomes competent to stand trial, unless the case is dismissed.
151	151	122 (d) If the court determines that the youth is incompetent, but there is a substantial
152	152	123probability that he or she will attain or be restored to competence in the foreseeable future, the
153	153	124court shall stay the proceedings and order the youth to receive services designed to achieve
154	154	125competence based on the recommendations made by the qualified examiner in the competency
155	155	126evaluation. The court shall order the services be provided in the least restrictive setting and the
156	156	127court shall review the youth’s progress toward competence every 180 days. No statement or
157	157	128disclosure of the youth concerning the alleged offense made during the receipt of services shall
158	158	129be included in any report or used against the youth at trial, adjudication or disposition hearings as
159	159	130evidence or as a basis for such evidence.
160	160	131 (e) If the youth was charged with a misdemeanor, and still has not achieved competence
161	161	132at the end of 180 days, the court shall dismiss the case with prejudice and, if appropriate, be
162	162	133deemed to have accepted an application pursuant to section 39E of chapter 119 or initiate civil
163	163	134commitment proceedings pursuant to chapter 123.
164	164	135 (f) If the youth was charged with a felony, and still has not achieved competence at the
165	165	136end of 2 years following the finding of incompetence, and there is no substantial evidence that
166	166	137the youth will attain competence within a year, the court shall dismiss the case with prejudice
167	167	138and shall initiate civil commitment proceedings if appropriate. 8 of 9
168	168	139 (g) If the youth is charged with murder, the court may retain jurisdiction for up to 5 years
169	169	140or until the juvenile reaches the age of 21. The court may order update examinations of the youth
170	170	141by a qualified examiner every 6 months during the period of oversight. If at the end of this time
171	171	142period, the youth has not attained competence, the court shall dismiss the case with prejudice and
172	172	143shall initiate civil commitment proceedings if appropriate.
173	173	144 (h) If the court determines that the youth is incompetent and will not attain or be restored
174	174	145to competence in the foreseeable future, the court shall: (i) in a case where the most serious
175	175	146charge is a misdemeanor dismiss the case with prejudice and, if appropriate, be deemed to have
176	176	147accepted an application pursuant to section 39E of chapter 119 or initiate civil commitment
177	177	148proceedings pursuant to chapter 123; (ii) where the most serious charge is a felony, dismiss the
178	178	149case with prejudice unless the court makes specific findings of good cause to retain jurisdiction.
179	179	150However, in no case shall the court’s jurisdiction extend beyond the juvenile’s twenty-first
180	180	151birthday. If appropriate, the court shall initiate civil commitment proceedings pursuant to chapter
181	181	152123.
182	182	153 SECTION 5. Chapter 127 of the General Laws is hereby amended by striking out section
183	183	154130 and inserting in place thereof the following section:-
184	184	155 Section 130. A parole permit shall be granted at a prisoner’s first parole eligibility and at
185	185	156any subsequent review hearing, unless the board determines by clear and convincing evidence
186	186	157that, if the prisoner is released with appropriate conditions and community supervision, the
187	187	158prisoner will not live and remain at liberty without violating the law. If the prisoner was
188	188	159convicted of murder in the first or second degree for a crime committed while under the age of 9 of 9
189	189	16019, the board shall give substantial weight to the prisoner’s diminished culpability at the time of
190	190	161the crime and his subsequent demonstrated maturity and rehabilitation.
191	191	162 The parole board shall make this determination based on the findings of validated risk
192	192	163assessment tools, the prisoner’s participation in available work opportunities, educational
193	193	164opportunities and treatment programs, and the prisoner’s demonstrated good behavior. The
194	194	165board shall consider whether risk reduction programs, made available through collaboration with
195	195	166criminal justice agencies, and other aspects of the prisoner’s parole plan would minimize the
196	196	167probability of the prisoner’s offending once released.
197	197	168 The board shall issue its written decision no later than 90 days from the date of the
198	198	169hearing. Any record of decision denying parole shall specify in detail, and not in conclusory
199	199	170terms, the reasons why denial was appropriate in light of the findings of the validated risk
200	200	171assessment tool, and shall identify the particular tasks the applicant must complete prior to the
201	201	172next parole hearing in order to gain parole. Any minority or dissenting opinions shall be
202	202	173included in the record of decision. If such permit is not granted, a subsequent review shall occur
203	203	174no later than 5 years from the date of the hearing if the prisoner was over age 19 at the time of
204	204	175the crime, and no later than 3 years from the date of the hearing if the prisoner was under age 18
205	205	176at the time of the crime.