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| 2 | 2 | | SENATE DOCKET, NO. 1483 FILED ON: 1/16/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1242 |
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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 | | Pavel M. Payano |
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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 relative to pre-adjudication credit for juvenile offenders. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Pavel M. PayanoFirst Essex 1 of 3 |
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| 16 | 16 | | SENATE DOCKET, NO. 1483 FILED ON: 1/16/2025 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1242 |
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| 18 | 18 | | By Mr. Payano, a petition (accompanied by bill, Senate, No. 1242) of Pavel M. Payano for |
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| 19 | 19 | | legislation relative to pre-adjudication credit for juvenile offenders. 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 relative to pre-adjudication credit for juvenile offenders. |
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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 SECTION 1a. Section 58 of Chapter 119 of the General Laws, as appearing in the 2022 |
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| 29 | 29 | | 2official edition, is hereby amended by inserting after the word “maturity” in line 65 the |
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| 30 | 30 | | 3following:- the period of time the youthful offender spent in a secure detention facility awaiting |
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| 31 | 31 | | 4trial, the period of time the youthful offender spent on an electronic monitoring bracelet awaiting |
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| 32 | 32 | | 5trial; |
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| 33 | 33 | | 6 SECTION 1b. Section 58 of Chapter 119 of the General Laws, as appearing in the 2022 |
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| 34 | 34 | | 7official edition, is hereby amended by inserting after the fifth paragraph the following paragraph: |
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| 35 | 35 | | 8 The court shall order that a youthful offender, who receives either a sentence as provided |
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| 36 | 36 | | 9by the law or a combination sentence pursuant to this section, be deemed to have served a |
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| 37 | 37 | | 10portion of their sentence pursuant to Chapter 279 Section 33A. |
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| 38 | 38 | | 11 SECTION 2. Section 68 of chapter 119 of the General Laws, as appearing in the 2022 |
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| 39 | 39 | | 12official edition, is hereby amended by adding the following paragraph:- 2 of 3 |
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| 40 | 40 | | 13 The department shall prepare and submit a report to the court prior to adjudication for |
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| 41 | 41 | | 14children who are detained or spent time on an electronic monitoring bracelet before adjudication |
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| 42 | 42 | | 15that shall include the following: |
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| 43 | 43 | | 16 i) The length of time the youthful offender spent in DYS custody before trial. |
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| 44 | 44 | | 17 ii) The period of time the youthful offender spent on an electronic monitoring bracelet |
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| 45 | 45 | | 18awaiting trial |
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| 46 | 46 | | 19 iii) The participation of the youthful offender in DYS programming including but not |
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| 47 | 47 | | 20limited to educational and vocational programming. |
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| 48 | 48 | | 21 iv) The behavior and compliance of the youthful offender during their pre-trial detention |
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| 49 | 49 | | 22and/or prior commitment. |
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| 50 | 50 | | 23 v) The department shall include only positive details that the department deems could |
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| 51 | 51 | | 24positively impact their sentencing. |
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| 52 | 52 | | 25 SECTION 3. Section 5 of Chapter 120 of the General Laws, as appearing in the 2022 |
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| 53 | 53 | | 26official edition, is hereby amended by adding the following subsections:- |
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| 54 | 54 | | 27 (f) The department shall incorporate the following into the internal evaluation prepared |
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| 55 | 55 | | 28once a youthful offender is committed to their custody. |
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| 56 | 56 | | 29 i) The length of time the youthful offender spent in DYS custody before trial. |
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| 57 | 57 | | 30 ii) The participation of the youthful offender in DYS programming including but not |
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| 58 | 58 | | 31limited to educational programming. |
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| 59 | 59 | | 32 iii) The behavior and compliance of the youthful offender during their commitment. 3 of 3 |
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| 60 | 60 | | 33 g) When the youthful offender is in the custody of the department before adjudication, |
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| 61 | 61 | | 34the department shall inform the youthful offender that their behavior, compliance, and |
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| 62 | 62 | | 35participation in DYS programs shall be considered in sentencing and that, if a judge commits |
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| 63 | 63 | | 36them to DYS custody after their trial, for their internal evaluation by the department. |
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