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SENATE DOCKET, NO. 1006 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 1178
The Commonwealth of Massachusetts
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PRESENTED BY:
Liz Miranda
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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 to reduce mass incarceration.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Liz MirandaSecond SuffolkJames K. Hawkins2nd Bristol2/12/2025Patricia D. JehlenSecond Middlesex2/26/2025 1 of 5
SENATE DOCKET, NO. 1006 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 1178
By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1178) of Liz Miranda, James K.
Hawkins and Patricia D. Jehlen for legislation to reduce mass incarceration. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1045 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act to reduce mass incarceration.
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. Section 133A of chapter 127 of the General Laws as it appears in the 2020
2Official Edition, is hereby amended by striking, in the first sentence of the first paragraph, the
3phrases: “except prisoners confined to the hospital at the Massachusetts Correctional Institution,
4Bridgewater, except prisoners serving a life sentence for murder in the first degree who had
5attained the age of 18 years at the time of the murder and except prisoners serving more than 1
6life sentence arising out of separate and distinct incidents that occurred at different times, where
7the second offense occurred subsequent to the first conviction,”; and by inserting in the first
8paragraph after the phrase “of the minimum term fixed by the court under section 24 of chapter
9279.” the following sentence:- Provided, however, that in the case of a prisoner serving more
10than 1 life sentence arising out of separate and distinct incidents that occurred at different times, 2 of 5
11where the second offense occurred subsequent to the first conviction, such prisoner shall be
12eligible for parole 25 years after the start of the second or most recent sentence.
13 SECTION 2. Amend Section 133C of chapter 127 of the General Laws at it appears in
14the 2020 Official Edition, is hereby amended by striking, in the first paragraph, the phrase:
15“except prisoners serving a life sentence for murder in the first degree who had attained the age
16of 18 years at the time of the murder and prisoners confined to the hospital at the Massachusetts
17Correctional Institution, Bridgewater.”
18 SECTION 3. Subsection (a) of section 2 of chapter 265 of the General Laws as it appears
19in the 2020 Official Edition, is hereby amended by striking the phrase: “not be eligible for parole
20pursuant to section 133A of Chapter 127.”, and inserting in place thereof the phrase:- shall be
21eligible for parole after a term of years fixed by the court pursuant to section 24 of chapter 279.
22 SECTION 4. Amend subsection (b) of section 2 of Chapter 265 of the General Laws as it
23appears in the 2020 Official Edition, by inserting in the fourth line, after the words “term of
24years” :- but no more than 25 years, as.
25 SECTION 5. Section 24 of chapter 279 of the General Laws as it appears in the 2014
26Official Edition, is hereby amended by striking, in the first paragraph, the phrase: “which shall
27be not less than 15 years nor more than 25 years,” and insert in place thereof the phrase:- of 15
28years; and by striking out the second paragraph in its entirety and inserting in place thereof the
29following paragraph:-
30 In the case of a sentence to life imprisonment for murder in the first degree, the court
31shall fix a minimum term of 25 years; provided, however, that in the case of a person who
32committed the murder on or after the person’s fourteenth birthday and before the person’s 3 of 5
33eighteenth birthday, the court shall fix a minimum term of not less than 15 years nor more than
3420 years, after consideration of relevant mitigating and exacerbating circumstances; and
35provided, however, that in the case of a person sentenced to life imprisonment for murder in the
36first degree adjudicated solely by a verdict of felony murder or joint venture and where the
37offender is not the actual killer, committed on or after the person’s fourteenth birthday and
38before the person’s eighteenth birthday, the court shall fix a minimum term of not less than 10
39years nor more than 12 years.
40 SECTION 6. Notwithstanding any other provision of law, section 24 of chapter 279 of
41the General Laws as it appears in the 2014 Official Edition shall apply to any person found guilty
42of murder pursuant to subsections (a), (b) or (c) of section 2 of chapter 265 prior to or after the
43effective date of this act.
44 SECTION 7. Subsection (b) of section 25 of chapter 279 of the General Laws as it
45appears in the 2020 Official Edition is hereby amended by inserting in the first paragraph after
46the words “for good conduct”, the following phrase:- provided, however, that in the case of a
47person so serving a life sentence, parole eligibility will commence after serving 25 years of said
48sentence. And by inserting after the last paragraph of subsection (b) of section 25 the following
49sentence:- Notwithstanding any other provision of law, section 25(b) shall apply to any person
50convicted as a habitual offender pursuant to subsection (a) or (b) of section 25 of chapter 279
51prior to or after the effective date of this act.
52 SECTION 8. Notwithstanding any other provision of the law, except as provided by
53SECTION 1 of this act, no person shall be imprisoned for more than 25 years without a parole
54hearing at 25 years. 4 of 5
55 SECTION 9. The Department of Corrections shall establish a Restorative Justice program
56within its prisons that is available to anyone sentenced to more than 25 years in prison in order to
57develop a plan of reconciliation.
58 (a) The Restorative Justice program will allow the interaction between the prisoner and
59victims, family of the victims, the parties to a crime, and community members within the prison
60with the goal to identify and address harms and needs and obligations resulting from an offense
61in order to understand and reconcile the impact of that offense.
62 (b) Participation in a prison-based restorative justice program shall be voluntary for
63offenders, victims, and surviving family and community members affected by the crime.
64 (c) Participation in a prison-based restorative justice program shall not be used as
65evidence or as an admission of guilt, delinquency or civil liability in current or subsequent legal
66proceedings against any participant. Any statement made by an incarcerated person during the
67course of an assignment within a prison-based restorative justice program shall be confidential
68and shall not be subject to disclosure in any judicial or administrative proceeding and no
69information obtained during the course of such assignment shall be used in any stage of a
70criminal investigation or prosecution or civil or administrative proceeding; provided, however,
71that nothing in this section shall preclude any evidence obtained through an independent source
72or that is inevitably discovered by lawful means from being admitted at such proceeding.
73 (d) The Department of Corrections shall annually, not later than December 31, submit a
74report to the clerks of the House of Representatives and of the Senate, and the House and Senate
75chairs of the Joint Committee on the Judiciary and of Public Safety and Homeland Security
76regarding the implementation and operation of the program, the number of prisoners to which it 5 of 5
77is available, the number of prisoners that have participated, and any recommendations for change
78to the program.