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HOUSE DOCKET, NO. 2957 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 2028
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Andres X. Vargas
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act improving juvenile justice data collection.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Andres X. Vargas3rd Essex1/16/2025 1 of 14
HOUSE DOCKET, NO. 2957 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 2028
By Representative Vargas of Haverhill, a petition (accompanied by bill, House, No. 2028) of
Andres X. Vargas relative to improving juvenile justice data collection. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1802 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act improving juvenile justice data collection.
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. The purpose of these provisions is to ensure that the Commonwealth
2establishes systems to collect accurate, consistent, and comprehensive data on juveniles’ contacts
3with officials in the law enforcement and juvenile justice systems.
4 SECTION 2. Section 12(a) of Chapter 18C of the General Laws is hereby amended by
5inserting the words “or any law protecting the confidentiality of juvenile justice records and
6information” after “20K of chapter 233”
7 SECTION 3. Chapter 18C of the General Laws is hereby further amended by inserting
8after section 14, the following section:
9 Section 15. Collection and Reporting of Juvenile Justice Data 2 of 14
10 (a)The child advocate shall report statistical data on the juvenile justice system annually
11by December 31st to the governor, the house and senate chairs of the joint committee on the
12judiciary, the house and senate chairs of the joint committee on public safety and homeland
13security, the house and senate chairs of the committee on children, families and persons with
14disabilities, the chief justice of the supreme judicial court and the chief justice of the trial court.
15The report, which shall be made public pursuant to reporting recommendations of the Juvenile
16Justice Policy and Data Board as required by section 89 of chapter 119, shall include statistics on
17the utilization of the juvenile justice system at various process points as well as information on
18decisions made at justice system decision points impacting juveniles, as described in Section 89
19and Section 90 of Chapter 119 of the General Laws.
20 (b)The child advocate shall request data from relevant Offices and Departments holding
21data necessary to complete the aforementioned report at least annually and may request data be
22provided on a quarterly basis.
23 (c)The Child Advocate shall issue guidance, in consultation with the Juvenile Justice
24Policy and Data Board, for the administration and enforcement of this section, including
25guidance establishing (1) schedules for the submission, transmission and publication of the data
26(2) the format and form that the aforementioned data from Offices and Departments shall take,
27including any requirements that data should be available for analysis or disaggregation, and the
28format that transmission of the data shall take (3) the categories and types of data on juvenile
29interactions with the justice system to be submitted by each agency. The child advocate may
30request, and all Offices and Departments subject to this law shall provide, individual-level
31data to facilitate analysis, provided that the child advocate shall be bound by any limitations on 3 of 14
32the use or release of such individual-level data imposed by law upon the party furnishing such
33information as described in Section 12 of this chapter.
34 (d)The guidance required by subsection (c) shall, at minimum, require data be provided
35in such a way as to allow cross tabulated analysis by demographic subgroups including, at a
36minimum, age at the time of offense, sex/gender, gender identity and expression, racial or
37ethnicity category, sexual orientation, charge type and level, geographic location such as county
38or court location, involvement with the Department of Children and Families and any
39combination thereof. The Child Advocate shall provide guidance about the manner in which
40demographic data is designated and collected, with consideration of the juveniles’ self-reporting
41of such categories based on data reporting standards issued by the Juvenile Justice Policy and
42Data Board as required by section 89 of chapter 119.
43 SECTION 4. Section 89 of chapter 119 of the General Laws, as appearing in the 2022
44Official Edition, is hereby amended by inserting after the definition of “criminal justice agency”
45the following paragraph:-
46 “Gender identity” shall be defined pursuant to clause 59 of section 7 of chapter 4 of the
47General Laws
48 SECTION 5. Section 89 of said chapter 119, as so appearing, is hereby further amended
49by inserting after the definition of “racial or ethnic category” the following paragraph:-
50 “Sexual orientation”, having an orientation for or being identified as having an
51orientation, for heterosexuality, bisexuality, or homosexuality. 4 of 14
52 SECTION 6. Subsection (b) of section 89 of said chapter 119 of the General Laws, as so
53appearing, is hereby further amended by striking the words “mental health care system”, and
54inserting in place thereof the words “mental health care and child welfare systems”
55 SECTION 7. Chapter 119 of the General Laws, as appearing in section 80 of chapter 69
56of the acts of 2018, is hereby amended by inserting after section 89 the following section:
57 Section 90. Collection and Reporting of Juvenile Justice Data
58 (a)As used in this section the following words shall, unless the context clearly requires
59otherwise, have the following meaning:—
60 (1)“Justice system decision point” shall refer to set points in the justice process where a
61criminal justice agency makes a decision which results in a change in a juvenile’s status,
62including, but not limited to: decisions to refer a juvenile to a diversion program; to arrest a
63juvenile or issue a court summons; to hold a juvenile in custody prior to arraignment; to file a
64delinquency or criminal complaint; to advance a delinquency or criminal complaint; to proceed
65with a prosecution; to make a finding as to legal competency; to issue an indictment; to arraign a
66juvenile; to dismiss a case; to hold a hearing regarding dangerousness; to detain a juvenile
67without bail; to transfer a case to district or superior Court; to impose bail; to impose pretrial
68release conditions; to place a juvenile on an electronic monitoring device, either as a condition of
69pretrial release, as a condition of probation after disposition of a case to revoke bail; to order a
70juvenile to be held in detention; to continue a case without a finding; to adjudicate a juvenile; to
71issue a disposition; to place a juvenile on probation; to issue probation conditions; to commit a
72juvenile to the Department of Youth Services; to sentence a juvenile to serve time in an adult
73custodial facility; to refer a juvenile to a court for a probation violation; to revoke a juvenile’s 5 of 14
74probation; to confine a juvenile; to change a juvenile’s placement type in a custodial facility; to
75issue a grant of conditional liberty; to grant or revoke a grant of conditional liberty; to grant
76parole after an initial parole hearing; to grant parole after a subsequent review hearing; to revoke
77parole; to certify or deny sealing or expungement petition, pursuant to sections 100B, 100F and
78100G of Chapter 276 of the General Laws.
79 (2)“Juvenile” shall be defined pursuant to Section 89 of Chapter 119 of the General
80Laws.
81 (b) All criminal justice agencies, as defined by Section 89 of Chapter 119 of the General
82Laws, shall comply with data requests from the child advocate pursuant to section 15 of Chapter
8318C regarding decisions made impacting juveniles at justice system decision points. The
84attorney general may enforce the provisions of this paragraph by a suit in equity commenced in
85the superior court.
86 (c) The department of state police, municipal police departments, Massachusetts Bay
87Transportation Authority police, any police or law enforcement officer stationed at or affiliated
88with a local education authority, and any contractor, vendor or service-provider working with
89such police including any alternative lock-up programs, shall collect and provide the necessary
90information to comply with the data request from the child advocate pursuant to Section 15 of
91Chapter 18C for each juvenile subjected to the following contacts for each fiscal year, provided
92on a quarterly basis if requested by the child advocate:
93 (1) referral to and/or use of diversion programming; and
94 (2) custodial arrests and issuance of court summons 6 of 14
95 (d) Clerk magistrates shall collect and provide the necessary information to comply with
96the data request from the child advocate pursuant to Section 15 of Chapter 18C for each juvenile
97subjected to the following contacts for each fiscal year, provided on a quarterly basis if requested
98by the child advocate:
99 (1) application for complaint filed;
100 (2) finding of probable cause;
101 (3) diversion from further court proceedings, including referral to and/or use of diversion
102programming;
103 (4) complaint issued;
104 (5) appeal to judge of the finding by the clerk magistrate; and
105 (6) complaint issued after appeal.
106 (e) The district attorneys shall collect and provide the necessary information to comply
107with the data request from the child advocate pursuant to Section 15 of Chapter 18C for each
108juvenile subjected to the following contacts for each fiscal year, provided on a quarterly basis if
109requested by the child advocate:
110 (1) decision not to proceed with prosecution, including but not limited to entering a nolle
111prosequi or moving to dismiss a case;
112 (2) diversion from further court proceedings, including referral to and/or use of diversion
113programming; 7 of 14
114 (3) decision to proceed with dangerousness hearing pursuant to section 58A of chapter
115276
116 (4) indictment as a youthful offender;
117 (5) dismissal of indictment/dismissal of indictment in exchange for other action; and
118 (6) prosecution in criminal court under section 74 of chapter 119 of the General Laws.
119 (f) The juvenile court department shall collect and provide the necessary information to
120comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C for
121each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly
122basis if requested by the child advocate:
123 (1) arraignment as a delinquent
124 (2) arraignment as a youthful offender;
125 (3) diversion from further court proceedings, including referral to and/or use of diversion
126programming pursuant to section 54A of chapter 119 of the General Laws;
127 (4) court hearing on dangerousness pursuant to section 58A of chapter 276 of the General
128Laws;
129 (5) competency hearing;
130 (6) transfer of case to adult criminal court under section 72A of chapter 119 of the
131General Laws;
132 (7) imposition of bail or order to hold without bail; 8 of 14
133 (8) imposition of pretrial release conditions, including pre-trial probation pursuant to
134section 87 of chapter 276 of the General Laws;
135 (9) bail revocation hearings;
136 (10) cases which are continued without a finding pursuant to section 18 of chapter 278
137and to section 58 of chapter 119 of the General Laws;
138 (11) dismissal of charges;
139 (12) adjudication as a delinquent;
140 (13) adjudication as a youthful offender;
141 (14) imposition of an adult sentence pursuant to section 58 of chapter 119 of the General
142Laws;
143 (15) disposition, including but not limited to:
144 i.sentence to probation;
145 ii.commitment to the department of youth services pursuant to section 58 of chapter 119
146of the General Laws;
147 (16) commitment to the department of youth services pursuant to section 2 of chapter 279
148of the General Laws that are suspended;
149 (17) juvenile surrendered on criminal and non-criminal violations of probation;
150 (18) commitments to department of youth services following a probation violation; and 9 of 14
151 (19) revocation of a continuation without a finding pursuant to pursuant to section 18 of
152chapter 278 and to section 58 of chapter 119 of the General Laws;
153 (g) The office of the commissioner of probation shall collect and provide the necessary
154information to comply with the data request from the child advocate pursuant to Section 15 of
155Chapter 18C for each juvenile subjected to the following contacts for each fiscal year, provided
156on a quarterly basis if requested by the child advocate:
157 (1) referral to and/or use of diversion programming;
158 (2) supervision of pre-trial probation;
159 (3) supervision of continuances without a finding;
160 (4) supervision of juvenile on probation; and
161 (5) referral to the court for a probation violation.
162 (6) number of petitions and number of allowances and denials on petitions for sealing,
163pursuant to section 100B of Chapter 276 of the General Laws;
164 (7) number of petitions and number of allowances and denials of petitions for
165expungement, pursuant to sections 100F, 100G and 100H of Chapter 276 of the General Laws;
166 (8) number of petitions and number of allowances and denials of petitions for
167expungement, pursuant to section 100K of Chapter 276 of the General Laws;
168 (9) number of petitions and number of allowances and denials on petitions for sealing,
169pursuant to section 100A of Chapter 276 of the General Laws; 10 of 14
170 (10) number of juveniles on electronic monitoring, disaggregated by race, ethnicity,
171gender, county, court, length of time on GPS
172 (h)The department of youth services and any contractor, vendor or service provider
173working with said department including alternative lock-up programs shall collect and provide
174the necessary information to comply with the data request from the child advocate pursuant to
175Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal
176year, provided on a quarterly basis if requested by the child advocate:
177 (1) pre-arraignment detention;
178 (2) pre-trial detention;
179 (3) commitment;
180 (4) placement type, including, but not limited to, security level
181 (5) notice of revocation of grants of conditional liberty;
182 (6) hearing on grants of conditional liberty; and
183 (7) revocation of grants of conditional liberty for violation of conditions of liberty; and
184 (8) voluntary extensions of commitments with the department of youth services.
185 (i) The district and superior court shall collect and provide the necessary information to
186comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C for
187each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly
188basis if requested by the child advocate: 11 of 14
189 (1) arraignment for murder in the first degree and murder in the second degree; and
190 (2) convictions.
191 (j) The department of correction and each sheriff’s department shall collect and provide
192the necessary information to comply with the data request from the child advocate pursuant to
193Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal
194year, provided on a quarterly basis if requested by the child advocate:
195 (1) pre-arraignment detention;
196 (2) pre-trial detention;
197 (3) post-disposition confinement of youthful offenders; and
198 (4) post-conviction confinement for murder.
199 (k) The parole board shall collect and provide the necessary information to comply with
200the data request from the child advocate pursuant to Section 15 of Chapter 18C for each juvenile
201subjected to the following contacts for each fiscal year, provided on a quarterly basis if requested
202by the child advocate:
203 (1) grant of parole after an initial parole hearing;
204 (2) grant of parole after a subsequent review hearing;
205 (3) supervision of parole; and
206 (4) revocation of parole. 12 of 14
207 (l) The Executive Office of Public Safety and Security shall be responsible for
208assembling the data requested by the child advocate pursuant to Section 15 of Chapter 18C
209collected by the below offices and departments. Said data shall be provided to the Office of the
210Child Advocate no later than 75 days after the end of the fiscal year or quarter if the child
211advocate requests data on a quarterly basis.
212 1. The Commissioner of the Department of Correction
213 2. Sheriffs of each County;
214 3. The Parole Board;
215 4. The Department of the State Police;
216 5. Municipal police departments;
217 6. The Massachusetts Bay Transportation Authority Police;
218 7. School based police, including those from any local education authority;
219 8. Alternative Lock-up Programs; and
220 9. any other contractor, vendor or service provider working with school based or other
221police officers.
222 (m) The Massachusetts District Attorneys Association shall be responsible of assembling
223data requested by the child advocate pursuant to Section 15 of Chapter 18C collected by District
224Attorney’s Offices. Said data shall be provided to the Office of the Child Advocate no later than
22575 days after the end of the fiscal year or quarter if the child advocate requests data on a
226quarterly basis. 13 of 14
227 (n) The Court Administrator shall be responsible for assembling data requested by the
228child advocate pursuant to Section 15 of Chapter 18C collected by judicial officers and court
229personnel including the Commissioner of Probation, judicial officers and court personnel, and
230the Executive Director of Community Correction. Said data shall be provided to the Office of the
231Child Advocate no later than 75 days after the end of the fiscal year or quarter if the child
232advocate requests data on a quarterly basis.
233 (o) The Department of Youth Services shall be responsible for assembling data requested
234by the child advocate pursuant to Section 15 of Chapter 18C collect by all department personnel,
235contractors or vendors working with the Department. Said data shall be provided to the Office of
236the Child Advocate no later than 75 days after the end of the fiscal year or quarter if the child
237advocate requests data on a quarterly basis.
238 (p) Notwithstanding any law to the contrary, the child advocate may request, and all
239Offices and Departments subject to this law shall provide upon request, individual level data to
240facilitate analysis by the Office of the Child Advocate, provided that the child advocate shall be
241bound by any limitations on the use or release of such individual-level data imposed by law upon
242the party furnishing such information as described in Section 12 of Chapter 18C. Any individual
243data described or acquired under the provisions of this section shall be used only for statistical
244purposes and may not be disseminated if it contains data that reveal the identity of an individual
245who had contact with the juvenile justice system within the meaning of this chapter.
246 (q) If any Offices or Departments subject to this law are unable to fulfill the data request
247made by the child advocate, in whole or in part, they shall submit to the child advocate a report
248detailing what data could not be provided, stating clearly the reason data could not be provided, 14 of 14
249and clearly documenting the efforts the Office or Department has made and will make to ensure
250data can be provided in the future. If the data cannot be provided due to budgetary constraints,
251the Office or Department shall provide a budget detailing the additional funding required to
252fulfill the data request. These reports on data availability shall be included in the annual juvenile
253justice data report of the child advocate pursuant to Section 15 of Chapter 18C and shall be a
254matter of public record.