Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2052 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. 348 FILED ON: 1/8/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2052
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Christopher J. Worrell
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 to reduce mass incarceration.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Christopher J. Worrell5th Suffolk1/8/2025Russell E. Holmes6th Suffolk1/23/2025Erika Uyterhoeven27th Middlesex1/29/2025John Francis Moran9th Suffolk2/3/2025Estela A. Reyes4th Essex2/3/2025Christine P. Barber34th Middlesex2/3/2025Samantha Montaño15th Suffolk2/3/2025Lindsay N. Sabadosa1st Hampshire2/5/2025Steven Owens29th Middlesex2/5/2025James K. Hawkins2nd Bristol2/12/2025Antonio F. D. Cabral13th Bristol2/21/2025Jason M. LewisFifth Middlesex2/21/2025Natalie M. Higgins4th Worcester2/24/2025Danillo A. Sena37th Middlesex3/12/2025 1 of 5
16	16	HOUSE DOCKET, NO. 348 FILED ON: 1/8/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2052
18	18	By Representative Worrell of Boston, a petition (accompanied by bill, House, No. 2052) of
19	19	Christopher J. Worrell and others relative to parole and establishing a restorative justice
20	20	program. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act to reduce mass incarceration.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 133A of chapter 127 of the General Laws as it appears in the 2014
30	30	2Official Edition, is hereby amended by striking, in the first sentence of the first paragraph, the
31	31	3phrases: “except prisoners confined to the hospital at the Massachusetts Correctional Institution,
32	32	4Bridgewater, except prisoners serving a life sentence for murder in the first degree who had
33	33	5attained the age of 18 years at the time of the murder and except prisoners serving more than 1
34	34	6life sentence arising out of separate and distinct incidents that occurred at different times, where
35	35	7the second offense occurred subsequent to the first conviction,”; and by inserting in the first
36	36	8paragraph after the phrase “of the minimum term fixed by the court under section 24 of chapter
37	37	9279.” the following sentence:- Provided, however, that in the case of a prisoner serving more
38	38	10than 1 life sentence arising out of separate and distinct incidents that occurred at different times,
39	39	11where the second offense occurred subsequent to the first conviction, such prisoner shall be
40	40	12eligible for parole 25 years after the start of the second or most recent sentence. 2 of 5
41	41	13 SECTION 2. Amend Section 133C of chapter 127 of the General Laws at it appears in
42	42	14the 2014 Official Edition, is hereby amended by striking, in the first paragraph, the phrase:
43	43	15“except prisoners serving a life sentence for murder in the first degree who had attained the age
44	44	16of 18 years at the time of the murder and prisoners confined to the hospital at the Massachusetts
45	45	17Correctional Institution, Bridgewater.”
46	46	18 SECTION 3. Subsection (a) of section 2 of chapter 265 of the General Laws as it appears
47	47	19in the 2014 Official Edition, is hereby amended by striking the phrase: “not be eligible for parole
48	48	20pursuant to section 133A of Chapter 127.”, and inserting in place thereof the phrase:- shall be
49	49	21eligible for parole after a term of years fixed by the court pursuant to section 24 of chapter 279.
50	50	22 SECTION 4. Amend subsection (b) of section 2 of Chapter 265 of the General Laws as it
51	51	23appears in the 2014 Official Edition, by inserting in the fourth line, after the words “term of
52	52	24years” :- but no more than 25 years, as.
53	53	25 SECTION 5. Section 24 of chapter 279 of the General Laws as it appears in the 2014
54	54	26Official Edition, is hereby amended by striking, in the first paragraph, the phrase: “which shall
55	55	27be not less than 15 years nor more than 25 years,” and insert in place thereof the phrase:- of 15
56	56	28years; and by striking out the second paragraph in its entirety and inserting in place thereof the
57	57	29following paragraph:-
58	58	30 In the case of a sentence to life imprisonment for murder in the first degree, the court
59	59	31shall fix a minimum term of 25 years; provided, however, that in the case of a person who
60	60	32committed the murder on or after the person’s fourteenth birthday and before the person’s
61	61	33eighteenth birthday, the court shall fix a minimum term of not less than 15 years nor more than
62	62	3420 years, after consideration of relevant mitigating and exacerbating circumstances; and 3 of 5
63	63	35provided, however, that in the case of a person sentenced to life imprisonment for murder in the
64	64	36first degree adjudicated solely by a verdict of felony murder or joint venture and where the
65	65	37offender is not the actual killer, committed on or after the person’s fourteenth birthday and
66	66	38before the person’s eighteenth birthday, the court shall fix a minimum term of not less than 10
67	67	39years nor more than 12 years.
68	68	40 SECTION 6. Notwithstanding any other provision of law, section 24 of chapter 279 of
69	69	41the General Laws as it appears in the 2014 Official Edition shall apply to any person found guilty
70	70	42of murder pursuant to subsections (a), (b) or (c) of section 2 of chapter 265 prior to or after the
71	71	43effective date of this act.
72	72	44 SECTION 7. Subsection (b) of section 25 of chapter 279 of the General Laws as it
73	73	45appears in the 2014 Official Edition is hereby amended by inserting in the first paragraph after
74	74	46the words “for good conduct”, the following phrase:- provided, however, that in the case of a
75	75	47person so serving a life sentence, parole eligibility will commence after serving 25 years of said
76	76	48sentence. And by inserting after the last paragraph of subsection (b) of section 25 the following
77	77	49sentence:- Notwithstanding any other provision of law, section 25(b) shall apply to any person
78	78	50convicted as a habitual offender pursuant to subsection (a) or (b) of section 25 of chapter 279
79	79	51prior to or after the effective date of this act.
80	80	52 SECTION 8. Notwithstanding any other provision of the law, except as provided by
81	81	53SECTION 1 of this act, no person shall be imprisoned for more than 25 years without a parole
82	82	54hearing at 25 years. 4 of 5
83	83	55 SECTION 9. The Department of Corrections shall establish a Restorative Justice program
84	84	56within its prisons that is available to anyone sentenced to more than 25 years in prison in order to
85	85	57develop a plan of reconciliation.
86	86	58 (a) The Restorative Justice program will allow the interaction between the prisoner and
87	87	59victims, family of the victims, the parties to a crime, and community members within the prison
88	88	60with the goal to identify and address harms and needs and obligations resulting from an offense
89	89	61in order to understand and reconcile the impact of that offense.
90	90	62 (b) Participation in a prison-based restorative justice program shall be voluntary for
91	91	63offenders, victims, and surviving family and community members affected by the crime.
92	92	64 (c) Participation in a prison-based restorative justice program shall not be used as
93	93	65evidence or as an admission of guilt, delinquency or civil liability in current or subsequent legal
94	94	66proceedings against any participant. Any statement made by an incarcerated person during the
95	95	67course of an assignment within a prison-based restorative justice program shall be confidential
96	96	68and shall not be subject to disclosure in any judicial or administrative proceeding and no
97	97	69information obtained during the course of such assignment shall be used in any stage of a
98	98	70criminal investigation or prosecution or civil or administrative proceeding; provided, however,
99	99	71that nothing in this section shall preclude any evidence obtained through an independent source
100	100	72or that is inevitably discovered by lawful means from being admitted at such proceeding.
101	101	73 (d) The Department of Corrections shall annually, not later than December 31, submit a
102	102	74report to the clerks of the House of Representatives and of the Senate, and the House and Senate
103	103	75chairs of the Joint Committee on the Judiciary and of Public Safety and Homeland Security
104	104	76regarding the implementation and operation of the program, the number of prisoners to which it 5 of 5
105	105	77is available, the number of prisoners that have participated, and any recommendations for change
106	106	78to the program.