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2 | 2 | | SENATE DOCKET, NO. 2413 FILED ON: 1/17/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1087 |
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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 | | James B. Eldridge |
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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 end lifetime parole for juveniles and emerging adults. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | 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 |
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16 | 16 | | SENATE DOCKET, NO. 2413 FILED ON: 1/17/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1087 |
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18 | 18 | | By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1087) of James B. Eldridge, |
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19 | 19 | | Brandy Fluker-Reid, Christopher J. Worrell, Joanne M. Comerford and others for legislation to |
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20 | 20 | | abolish sentences of life without parole for individuals who committed crimes while they were |
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21 | 21 | | considered minors or young adults. The Judiciary. |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act to end lifetime parole for juveniles and emerging adults. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Section 52 of chapter 119 of the General Laws, as appearing in the 2022 |
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31 | 31 | | 2Official Edition, is hereby amended by inserting after the definition of “Punishment” the |
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32 | 32 | | 3following definition:- |
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33 | 33 | | 4 ‘'transformational youth'', a person: (1) who received a life sentence after being convicted |
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34 | 34 | | 5of first- or second-degree murder and who was at least 14 years of age but younger than 21 |
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35 | 35 | | 6years of age at the time of commission of the offense, or (2) who received a life sentence or after |
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36 | 36 | | 7being convicted of manslaughter while violating the provisions of sections 102 to 102c, |
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37 | 37 | | 8inclusive, of chapter 266 and who was at least 14 years of age but younger than 21 years of age |
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38 | 38 | | 9at the time of commission of the offense; provided, further that this definition shall apply |
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39 | 39 | | 10retroactively to include a person who received a life sentence for the any of the offenses |
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40 | 40 | | 11described above and was at least 14 years of age but younger than 21 years of age at the time of |
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41 | 41 | | 12commission of the offense. 2 of 4 |
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42 | 42 | | 13 SECTION 2. Said section 52 of said chapter 119, as so appearing, is hereby further |
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43 | 43 | | 14amended by inserting after the word “nineteen”, in line 28, the the following words:- |
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44 | 44 | | 15 provided, however, that the definition of “youthful offender” shall exclude a |
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45 | 45 | | 16“transformational youth.” |
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46 | 46 | | 17 SECTION 3. Chapter 127 of the General Laws is hereby amended by inserting after |
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47 | 47 | | 18section 133E the following section:- |
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48 | 48 | | 19 (a) After a transformational youth has lived on parole for 3 years without committing an |
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49 | 49 | | 20act that constitutes a felony or misdemeanor violating the law, the parole board shall issue a |
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50 | 50 | | 21certificate of termination of sentence to said transformational youth pursuant to section 130A of |
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51 | 51 | | 22chapter 127 within 30 days of the end of said 3 years on parole. |
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52 | 52 | | 23 (b) Within 5 calendar days of the date on which a transformational youth has lived on |
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53 | 53 | | 24parole for 3 years without violating the law, the transformational youth’s parole officer shall |
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54 | 54 | | 25submit a notice of impending parole termination to the parole board’s office of the general |
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55 | 55 | | 26counsel notifying the office that the individual transformational youth lived on parole for 3 years |
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56 | 56 | | 27without violating the law. Within 5 calendar days of the date of receipt by the office of the |
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57 | 57 | | 28general counsel of the parole officer’s notice of impending termination of parole for a |
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58 | 58 | | 29transformational youth, the office of the general counsel shall provide a notice of impending |
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59 | 59 | | 30termination of parole to the Parole Board for review and vote. |
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60 | 60 | | 31 (c) Within 10 calendar days of the date of receipt by the Parole Board of the notice of |
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61 | 61 | | 32impending termination of the individual transformational youth’s parole, the Parole Board shall |
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62 | 62 | | 33vote in open session to issue a certificate of termination to the individual transformational youth 3 of 4 |
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63 | 63 | | 34pursuant to section 130A of chapter 127 if the board determines that the transformational youth |
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64 | 64 | | 35has not committed an act that constitutes a felony or misdemeanor in the 3-year period. |
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65 | 65 | | 36 (d) Within 5 calendar days of the Board’s vote to grant a Certificate of Termination to an |
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66 | 66 | | 37individual transformational youth, the Board shall furnish a copy of the Certificate of |
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67 | 67 | | 38Termination to the following: (1) the individual transformational youth; (2) the commissioner |
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68 | 68 | | 39and the judge who imposed the sentence, in accordance with the terms of section 130A of |
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69 | 69 | | 40chapter 127; in the event the judge who pronounced sentence is retired or deceased, a copy of the |
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70 | 70 | | 41Certificate of Termination shall be forwarded to the Regional Administrative Justice of the |
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71 | 71 | | 42Superior Court for the County in which the transformational youth was sentenced; and (3) all |
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72 | 72 | | 43certified CORI petitioners and victims as enumerated in section 178A of chapter 6 and section 1 |
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73 | 73 | | 44of chapter 258B. |
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74 | 74 | | 45 (e) If an individual transformational youth has served more than 3 years on parole |
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75 | 75 | | 46without violating the law as of the effective date of this Act, the individual transformational |
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76 | 76 | | 47youth’s parole officer shall, within 30 days of the effective date of this Act, submit a notice of |
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77 | 77 | | 48impending parole termination to the office of the general counsel notifying the office of the |
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78 | 78 | | 49general counsel that the individual transformational youth lived on parole for more than 3 years. |
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79 | 79 | | 50Within 15 calendar days of receipt of said notice by the office of the general counsel, the office |
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80 | 80 | | 51of the general counsel shall provide a notice of impending termination of parole to the Parole |
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81 | 81 | | 52Board for review and vote. Within 15 calendar days of the Board’s receipt of said notice, the |
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82 | 82 | | 53Board shall vote in open session to issue a Certificate of Termination to the transformational |
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83 | 83 | | 54youth. Notification to all parties and individuals regarding the issuance of said Certificate of |
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84 | 84 | | 55Termination to a transformational youth, including to the subject transformational youth, shall be |
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85 | 85 | | 56in accordance with subsection (d). 4 of 4 |
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86 | 86 | | 57 (f) If an individual transformational youth is already on parole on the effective date of |
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87 | 87 | | 58this Act, and has lived less than 3 years on parole on the effective date of this Act, the time that |
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88 | 88 | | 59said transformational youth has lived on parole on the effective date of this Act shall be counted |
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89 | 89 | | 60as constituting time lived on parole for purposes of termination of parole. The Board shall issue |
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90 | 90 | | 61a Certificate of Termination of sentence to said transformational youth pursuant to Section 130A |
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91 | 91 | | 62of chapter 127, and notify all parties and individuals of the Certificate of Termination of |
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92 | 92 | | 63sentence, after the transformational youth has lived for 3 years on parole, in accordance with |
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93 | 93 | | 64subsection (d). |
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