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2 | 2 | | SENATE DOCKET, NO. 242 FILED ON: 1/9/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1050 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Cynthia Stone Creem |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act to enhance fairness and increase positive outcomes for children. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and Middlesex 1 of 3 |
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16 | 16 | | SENATE DOCKET, NO. 242 FILED ON: 1/9/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1050 |
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18 | 18 | | By Ms. Creem, a petition (accompanied by bill, Senate, No. 1050) of Cynthia Stone Creem for |
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19 | 19 | | legislation relative to electronic monitoring of juveniles. The Judiciary. |
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20 | 20 | | The Commonwealth of Massachusetts |
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21 | 21 | | _______________ |
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22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
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23 | 23 | | (2025-2026) |
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24 | 24 | | _______________ |
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25 | 25 | | An Act to enhance fairness and increase positive outcomes for children. |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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27 | 27 | | of the same, as follows: |
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28 | 28 | | 1 Chapter 119 of the General Laws is hereby amended by inserting after section 58B the |
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29 | 29 | | 2following section:- |
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30 | 30 | | 3 Section 58C Global positioning system device worn by juveniles |
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31 | 31 | | 4 (a) If electronic monitoring is ordered by a judge for a period greater than 30 days, the |
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32 | 32 | | 5court shall hold a hearing every 30 days, unless waived by the juvenile, to ensure that the |
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33 | 33 | | 6juvenile does not remain on electronic monitoring for an unreasonable length of time. In |
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34 | 34 | | 7determining whether a length of time is unreasonable, the court shall consider whether there are |
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35 | 35 | | 8less restrictive conditions that would achieve the purpose of the bail statute and the rehabilitative |
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36 | 36 | | 9purpose of the juvenile court. If less restrictive conditions are warranted, the court shall order |
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37 | 37 | | 10removal of the global positioning system device or modify the terms of the electronic monitoring |
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38 | 38 | | 11order to achieve the less restrictive alternative. 2 of 3 |
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39 | 39 | | 12 (b) A juvenile shall be entitled to have one day credited against the juvenile’s maximum |
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40 | 40 | | 13term of confinement for each day, or fraction thereof, that the juvenile is subject to electronic |
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41 | 41 | | 14monitoring by court order to wear a global positioning system device, or any comparable device. |
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42 | 42 | | 15 (c) The juvenile court department shall collect data regarding the use of electronic |
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43 | 43 | | 16monitoring of juveniles and shall report statistical data annually by December 31st to the |
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44 | 44 | | 17governor, the house and senate chairs of the joint committee on the judiciary, the house and |
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45 | 45 | | 18senate chairs of the joint committee on public safety and homeland security, the house and senate |
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46 | 46 | | 19chairs of the committee on children, families and persons with disabilities, the chief justice of the |
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47 | 47 | | 20supreme judicial court and the chief justice of the trial court. The report, which shall be made |
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48 | 48 | | 21public pursuant to reporting recommendations of the Juvenile Justice Policy and Data Board as |
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49 | 49 | | 22required by section 89 of chapter 119, shall include the annual number of juveniles subject to |
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50 | 50 | | 23electronic monitoring, including all of the following information for each juvenile: |
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51 | 51 | | 24 (1) The total number of days in a calendar year that the juvenile was subject to electronic |
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52 | 52 | | 25monitoring. |
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53 | 53 | | 26 (2) The total number of days in a calendar year that the juvenile was detained for a |
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54 | 54 | | 27violation of a term of the juvenile’s electronic monitoring order not amounting to a new violation |
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55 | 55 | | 28of law. |
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56 | 56 | | 29 (3) The categorical reason the juvenile placed on electronic monitoring: |
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57 | 57 | | 30 (i) A new violation of law; |
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58 | 58 | | 31 (ii) A violation of a court order not amounting to a new violation of law; or |
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59 | 59 | | 32 (iii) A reason not covered by subparagraph (i) or (ii). 3 of 3 |
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60 | 60 | | 33 (4) The case status of the juvenile (indicating whether the youth is placed on electric |
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61 | 61 | | 34monitoring pretrial or post adjudication. |
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62 | 62 | | 35 (5) Whether the juvenile’s electronic monitoring order included a home confinement |
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63 | 63 | | 36order, exclusionary zones, or any other restrictions limiting the juvenile’s liberty to a time or |
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64 | 64 | | 37place. |
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65 | 65 | | 38 (6) All of the information described in paragraphs (1) to (5), inclusive, shall be provided |
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66 | 66 | | 39in such a way as to allow cross tabulated analysis by demographic subgroups including, at a |
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67 | 67 | | 40minimum, age at the time of offense, sex/gender, gender identity and expression, racial or |
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68 | 68 | | 41ethnicity category, sexual orientation, charge type and level, geographic location such as county |
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69 | 69 | | 42or court location, with consideration of the juveniles’ self-reporting of such categories based on |
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70 | 70 | | 43data reporting standards issued by the Juvenile Justice Policy and Data Board as required by |
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71 | 71 | | 44section 89 of chapter 119. cross-referenced with information about the age, gender, ethnicity, and |
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72 | 72 | | 45offense of the juveniles subject to these court actions. |
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