Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1791 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1350 FILED ON: 1/14/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1791
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bradley H. Jones, Jr.
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 establishing mandatory post release supervision in the Commonwealth.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Bradley H. Jones, Jr.20th Middlesex1/14/2025Kimberly N. Ferguson1st Worcester1/14/2025Paul K. Frost7th Worcester1/31/2025Todd M. Smola1st Hampden3/10/2025Alyson M. Sullivan-Almeida7th Plymouth2/11/2025 1 of 6
16	16	HOUSE DOCKET, NO. 1350 FILED ON: 1/14/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1791
18	18	By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1791) of
19	19	Bradley H. Jones, Jr. and others for legislation to establish mandatory post release supervision.
20	20	The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1590 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act establishing mandatory post release supervision in the Commonwealth.
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. Section 5 of chapter 27, as appearing in the 2022 Official Edition, is hereby
32	32	2amended by adding at the end of the last sentence of the first paragraph the following:-
33	33	3 The parole board shall administer and oversee mandatory post-release supervision
34	34	4functions as set forth in section 133D of chapter 127 and chapter 127A.
35	35	5 SECTION 2. The General Laws are hereby amended by inserting after chapter 127 the
36	36	6following chapter:-
37	37	7 CHAPTER 127A.
38	38	8 MANDATORY POST-RELEASE SUPERVISION. 2 of 6
39	39	9 Section 1. All sentences to incarceration in a house of correction, jail or state prison shall
40	40	10include a period of post-release supervision, excluding those for whom parole eligibility is
41	41	11determined by section 133A of chapter 127. Except as provided in this chapter, for individuals
42	42	12who complete the incarceration portion of their sentences without supervised release or are re-
43	43	13incarcerated for the remainder of the sentence for violating the terms of parole or probation, the
44	44	14period of mandatory post-release supervision shall be 25 percent of the maximum term of
45	45	15incarceration imposed at sentencing but in no case shall be less than nine months. Where an
46	46	16individual is sentenced to incarceration on multiple offenses, the greater of the maximum terms
47	47	17imposed at sentencing shall be used to calculate the mandatory post-release supervision period.
48	48	18Mandatory post-release supervision as established in this chapter shall not be imposed upon any
49	49	19individual who successfully completes a period of probation imposed by a court at sentencing,
50	50	20upon an individual who is granted a parole permit under chapter 127 and successfully completes
51	51	21a period of parole supervision, or upon an individual sentenced to lifetime community parole
52	52	22under the provisions of section 45 of chapter 265 and section 133D of chapter 127. An individual
53	53	23subject to the provisions of this chapter may be supervised in another jurisdiction in accordance
54	54	24with sections 151A through 151L of chapter 127 and shall be considered on parole for the
55	55	25purposes of supervision.
56	56	26 Section 2. Upon release, an individual sentenced to a term of incarceration for not more
57	57	27than one year in a house of corrections or jail shall be subject to the supervision and jurisdiction
58	58	28of the office of the commissioner of probation during the period of mandatory post-release
59	59	29supervision. Upon release, an individual sentenced to a term of incarceration in a house of
60	60	30corrections or jail for more than one year, or in a state prison for any length of time shall be
61	61	31subject to the supervision and jurisdiction of the parole board during the period of mandatory 3 of 6
62	62	32post-release supervision. All persons under such supervision of the office of the commissioner of
63	63	33probation shall be subject to the provisions of law, rules and regulations governing probation. All
64	64	34persons under such supervision of the parole board shall be subject to the provisions of law, rules
65	65	35and regulations governing parole. The commissioner of probation and the chairman of the parole
66	66	36board shall establish uniform regulations for post-release supervision consistent with applicable
67	67	37provisions of chapter 127 and chapter 276. Nothing in this section or within said regulations shall
68	68	38limit the authority of the superior, municipal, district or juvenile court to impose conditions of
69	69	39probation supervision to protect the public or promote the rehabilitation of any person.
70	70	40 Section 3. An individual subject to mandatory post-release supervision and who has
71	71	41successfully completed 9 months of supervision shall be eligible for early termination of such
72	72	42supervision. In the case of a person under the supervision of the office of the commissioner of
73	73	43probation, early termination may only occur upon an order of a court of competent jurisdiction.
74	74	44In the case of a person under the supervision of the parole board, early termination may only
75	75	45occur in accordance with procedure to be promulgated in the regulations of the parole board. In
76	76	46all proceedings under this section, the uniform criteria for early termination of mandatory post-
77	77	47release supervision shall be established jointly by the commissioner of probation and the
78	78	48chairman of the parole board and shall include, but not be limited to, the amount of time the
79	79	49individual has successfully spent under post-release supervision, success in finding permanent
80	80	50employment, success in establishing adequate housing, completing all counseling or substance
81	81	51abuse treatment programs and successful passing of all mandated post-release testing programs.
82	82	52 Section 4. An individual who violates a condition of mandatory post-release supervision
83	83	53shall be subject to the provisions of this section and subject to modification or revocation
84	84	54proceedings initiated by the agency responsible for the violator’s supervision. The laws and 4 of 6
85	85	55judicial rules governing probation violation proceedings shall govern such modification or
86	86	56revocation proceedings for an individual subject to the jurisdiction of the office of the
87	87	57commissioner of probation. The laws and regulations governing parole violation proceedings
88	88	58shall govern such modification or revocation proceedings for an individual subject to the
89	89	59jurisdiction of the parole board. In all proceedings under this section, upon a violation, the
90	90	60individual may be placed under increased supervision, subjected to other conditions and
91	91	61intermediate sanctions, or incarcerated for not more than the maximum remaining period of post-
92	92	62release supervision or the remaining unserved portion of the sentence, whichever is greater, if
93	93	63such violation does not otherwise constitute a criminal offense. In all cases where the individual
94	94	64is not being incarcerated for a violation, such individual shall participate in an intermediate
95	95	65sanction through the office of community corrections as established in chapter 211F, the level of
96	96	66which is to be determined by the commissioner of probation or the chairman of the parole board,
97	97	67whoever has supervision authority over the individual. In the case of any violation for use of
98	98	68controlled substances or an offense for operating under the influence of drugs or alcohol, the
99	99	69period of mandatory post-release supervision shall be extended to accommodate an appropriate
100	100	70substance abuse program, but the total shall not exceed the maximum supervisory period
101	101	71permitted by section 1 of chapter 127A. For any violation of the conditions of mandatory post-
102	102	72release supervision, the period of supervision shall be stayed during a period of incarceration,
103	103	73and it shall be resumed upon release. If such violation constitutes a criminal offense, said period
104	104	74of incarceration shall be served on and after any sentence received as a result of the new offense.
105	105	75Upon subsequent release, the greater of the maximum sentences of the original offense and
106	106	76subsequent offense shall be used to calculate the new mandatory post-release supervision period. 5 of 6
107	107	77 Section 5. All mandatory post-release supervision shall be deemed completed if any of
108	108	78the following conditions are met: except as provided in section 4 of this chapter, the individual
109	109	79serves a post-release supervision period of 25 percent of the maximum term of incarceration
110	110	80imposed at sentencing, or nine months, whichever is greater; the individual is granted early
111	111	81termination under section 3 of this chapter; or if upon completion of the sentence, the individual
112	112	82is immediately committed to the custody of any other state to serve a period of incarceration
113	113	83greater than or equal to the post-release supervision period required under this chapter; or if upon
114	114	84completion of the sentence, the individual is immediately committed to the custody of any
115	115	85federal or immigration authority. Mandatory post-release supervision shall be stayed for any
116	116	86period an individual is in custody pursuant to any order of custody under chapter 123A.
117	117	87 Section 6. Where any provision of this chapter or the application thereof to any person or
118	118	88circumstance, shall, for any reason, be held invalid, the remainder of this chapter or the
119	119	89application of such provision to persons or circumstances other than those as to which it is held
120	120	90invalid shall not be affected thereby.
121	121	91 SECTION 3. Section 85 of chapter 276, as so appearing, is hereby amended by adding
122	122	92the following at the end of the last sentence:-
123	123	93 Probation officers’ powers and duties shall include mandatory post-release supervision as
124	124	94set forth in chapter 127A.
125	125	95 SECTION 4. Section 99 of chapter 276 is hereby amended by adding the following new
126	126	96clause:-
127	127	97 (11) Oversee mandatory post-release supervision functions as set forth in chapter 127A. 6 of 6
128	128	98 SECTION 5. Section 24 of chapter 279, as so appearing, is hereby amended in line 14 by
129	129	99striking the words “shall be not less than 15 years” and inserting after the words the following
130	130	100words:-
131	131	101 must be at least 20 percent greater than the minimum term.
132	132	102 SECTION 6. The provisions of this chapter shall take effect on January 1, 2026, and the
133	133	103provisions contained herein shall apply to all felonies and misdemeanors committed on or after
134	134	104that date. All offenses committed prior to January 1, 2026, shall be governed by the laws,
135	135	105including but not limited to those on sentencing, parole, and probation, in effect at the time the
136	136	106offense is committed.