Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1087 Compare Versions

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22 SENATE DOCKET, NO. 2413 FILED ON: 1/17/2025
33 SENATE . . . . . . . . . . . . . . No. 1087
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 James B. Eldridge
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to end lifetime parole for juveniles and emerging adults.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and WorcesterBrandy Fluker-Reid12th SuffolkChristopher J. Worrell5th SuffolkJoanne M. ComerfordHampshire, Franklin and Worcester2/11/2025Jason M. LewisFifth Middlesex2/11/2025 1 of 4
1616 SENATE DOCKET, NO. 2413 FILED ON: 1/17/2025
1717 SENATE . . . . . . . . . . . . . . No. 1087
1818 By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1087) of James B. Eldridge,
1919 Brandy Fluker-Reid, Christopher J. Worrell, Joanne M. Comerford and others for legislation to
2020 abolish sentences of life without parole for individuals who committed crimes while they were
2121 considered minors or young adults. The Judiciary.
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Fourth General Court
2525 (2025-2026)
2626 _______________
2727 An Act to end lifetime parole for juveniles and emerging adults.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 SECTION 1. Section 52 of chapter 119 of the General Laws, as appearing in the 2022
3131 2Official Edition, is hereby amended by inserting after the definition of “Punishment” the
3232 3following definition:-
3333 4 ‘'transformational youth'', a person: (1) who received a life sentence after being convicted
3434 5of first- or second-degree murder and who was at least 14 years of age but younger than 21
3535 6years of age at the time of commission of the offense, or (2) who received a life sentence or after
3636 7being convicted of manslaughter while violating the provisions of sections 102 to 102c,
3737 8inclusive, of chapter 266 and who was at least 14 years of age but younger than 21 years of age
3838 9at the time of commission of the offense; provided, further that this definition shall apply
3939 10retroactively to include a person who received a life sentence for the any of the offenses
4040 11described above and was at least 14 years of age but younger than 21 years of age at the time of
4141 12commission of the offense. 2 of 4
4242 13 SECTION 2. Said section 52 of said chapter 119, as so appearing, is hereby further
4343 14amended by inserting after the word “nineteen”, in line 28, the the following words:-
4444 15 provided, however, that the definition of “youthful offender” shall exclude a
4545 16“transformational youth.”
4646 17 SECTION 3. Chapter 127 of the General Laws is hereby amended by inserting after
4747 18section 133E the following section:-
4848 19 (a) After a transformational youth has lived on parole for 3 years without committing an
4949 20act that constitutes a felony or misdemeanor violating the law, the parole board shall issue a
5050 21certificate of termination of sentence to said transformational youth pursuant to section 130A of
5151 22chapter 127 within 30 days of the end of said 3 years on parole.
5252 23 (b) Within 5 calendar days of the date on which a transformational youth has lived on
5353 24parole for 3 years without violating the law, the transformational youth’s parole officer shall
5454 25submit a notice of impending parole termination to the parole board’s office of the general
5555 26counsel notifying the office that the individual transformational youth lived on parole for 3 years
5656 27without violating the law. Within 5 calendar days of the date of receipt by the office of the
5757 28general counsel of the parole officer’s notice of impending termination of parole for a
5858 29transformational youth, the office of the general counsel shall provide a notice of impending
5959 30termination of parole to the Parole Board for review and vote.
6060 31 (c) Within 10 calendar days of the date of receipt by the Parole Board of the notice of
6161 32impending termination of the individual transformational youth’s parole, the Parole Board shall
6262 33vote in open session to issue a certificate of termination to the individual transformational youth 3 of 4
6363 34pursuant to section 130A of chapter 127 if the board determines that the transformational youth
6464 35has not committed an act that constitutes a felony or misdemeanor in the 3-year period.
6565 36 (d) Within 5 calendar days of the Board’s vote to grant a Certificate of Termination to an
6666 37individual transformational youth, the Board shall furnish a copy of the Certificate of
6767 38Termination to the following: (1) the individual transformational youth; (2) the commissioner
6868 39and the judge who imposed the sentence, in accordance with the terms of section 130A of
6969 40chapter 127; in the event the judge who pronounced sentence is retired or deceased, a copy of the
7070 41Certificate of Termination shall be forwarded to the Regional Administrative Justice of the
7171 42Superior Court for the County in which the transformational youth was sentenced; and (3) all
7272 43certified CORI petitioners and victims as enumerated in section 178A of chapter 6 and section 1
7373 44of chapter 258B.
7474 45 (e) If an individual transformational youth has served more than 3 years on parole
7575 46without violating the law as of the effective date of this Act, the individual transformational
7676 47youth’s parole officer shall, within 30 days of the effective date of this Act, submit a notice of
7777 48impending parole termination to the office of the general counsel notifying the office of the
7878 49general counsel that the individual transformational youth lived on parole for more than 3 years.
7979 50Within 15 calendar days of receipt of said notice by the office of the general counsel, the office
8080 51of the general counsel shall provide a notice of impending termination of parole to the Parole
8181 52Board for review and vote. Within 15 calendar days of the Board’s receipt of said notice, the
8282 53Board shall vote in open session to issue a Certificate of Termination to the transformational
8383 54youth. Notification to all parties and individuals regarding the issuance of said Certificate of
8484 55Termination to a transformational youth, including to the subject transformational youth, shall be
8585 56in accordance with subsection (d). 4 of 4
8686 57 (f) If an individual transformational youth is already on parole on the effective date of
8787 58this Act, and has lived less than 3 years on parole on the effective date of this Act, the time that
8888 59said transformational youth has lived on parole on the effective date of this Act shall be counted
8989 60as constituting time lived on parole for purposes of termination of parole. The Board shall issue
9090 61a Certificate of Termination of sentence to said transformational youth pursuant to Section 130A
9191 62of chapter 127, and notify all parties and individuals of the Certificate of Termination of
9292 63sentence, after the transformational youth has lived for 3 years on parole, in accordance with
9393 64subsection (d).